Homeowner Body Slams Bayview Loan Servicing And Their Lawyers In Dual Tracking Case
Maryland homeowner Sherry L. Weisheit handed Bayview Loan Servicing an embarrassing defeat in her foreclosure case.
She filed suit against Bayview Loan Servicing and their law firm Rosenberg and Associates for violating RESPA and FDCPA. Weisheit’s suit revolves around Bayview Loan Servicing’s failure to give her a loan modification.
Bayview denied the loan modification while proceeding with foreclosure.
However, Weisheit qualified for a HAMP modification. Bayview just didn’t want to give her one and used a debunked excuse typical of a mortgage servicer.
Bayview Loan Services Denies Weisheit A Loan Modification Based On Debunked Excuses
Rosenberg began foreclosure proceedings against Weisheit on April 26, 2016. Weisheit submitted a complete HAMP loan modification application to Bayview in less than 5 months. However, Weisheit did it more than thirty-seven days prior to any scheduled foreclosure sale.
RESPA states loan servicer must evaluate the application and suspend all foreclosure activity if a borrower submits a complete HAMP loan modification package more than 37 days prior to a scheduled foreclosure sale. To proceed with foreclosure while loss mitigation is pending is to engage in a prohibited practice known as “dual-tracking.”
Bayview denied Weisheit’s application by letter on November 15, 2016.
Read more at MFI-Miami
If you think you are a victim of Dual Tracking or feel you are being mistreated by Bayview Loan Servicing, give us a call at 888.574.7771