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Servis One, Inc. Complaint: Mortgage #1419912

Servis One, Inc. Complaint: Loan servicing, payments, escrow account

#1419912 12 Jun 2015

Mortgage Conventional fixed mortgage

Complaint #1419912 submitted on 06/12/2015 relating to Servis One, Inc.. Complaint relates to Mortgage Conventional fixed mortgage - Loan servicing, payments, escrow account .

Complaint was submitted via Web and sent to the company on Friday 12th June 2015.

Narrative (may be redacted).

My mortgage loan was transferred from XXXX on XXXX XXXX, 2015 to Loan Servicer, BSI Financial Services ( " BSI '' ). Since the loan transfer, despite Federal regulations that original loan servicer is to process loan for XXXX days from the date of loan transfer, XXXX has rejected XXXX most recent payments within the XXXX day period of loan transfer. Since the transfer, BSI is acting in violation of XXXX District of Florida Bankruptcy Court Orders and the Automatic Stay. I have made several attempts since XXXX XXXX, 2015 to resolve the matter by providing related Court documents regarding the loan to senior management at BSI, including EVP & Gen. Counsel, XXXX XXXX, Default Operations Supervisor, XXXX XXXX, and the XXXX different agents assigned to my loan, XXXX XXXX and XXXX XXXX.
After XXXX months since the BK Plan Confirmation and Court Ordered modification of loan terms, two months since the loan transfer and XXXX month of calls and emails to BSI, my account still incorrectly shows that it is in default status and does not reflect the Confirmed Plan of Reorganization loan terms.
In response to BSI Financial Services ' letter dated XXXX XXXX, 2015 alleging debt in the amount of {$460000.00} owed to their client, XXXX XXXX XXXX, please refer to the attached letter disputing the debt amount dated XXXX XXXX, 2015 which was faxed to BSI. The amount alleged is not the amount that was confirmed in the plan of reorganization, XXXX District of Florida Bankruptcy Case Number : XXXX, ( the " Plan '' ).
Per the Plan, the secured claim for this property was confirmed as follows:XXXX Class XXXX. XXXX mortgage of XXXX XXXX XXXX ( XXXX ).
This Class consists of the secured claim of XXXX XXXX XXXX by virtue of a XXXX mortgage recorded in the XXXX XXXX of XXXX XXXX TheDebtor will pay the value of the collateral, {$450000.00}, as a re-amortized XXXX mortgage, together with interest at the rate of 4.25 %, in equal monthly installments over a period XXXX months from the effective date of this Plan or the date that the Court orders Adequate Protection to the Creditor, whichever is earlier. The Debtor in Possession and mortgage holder shall execute whatever documents are necessary to effect the modification of the foregoing loan in the Public Records of XXXX XXXX To the extent that the foregoing mortgage secures an escrowed loan, then the escrow portion of the payment shall beadded to the principal/interest amount and calculated in any new payments to be maintained under this Chapter XXXX Plan. XXXX XXXX XXXX is requested to provide the new escrow amount upon confirmation.
All default terms will remain the same as were under the original terms of the note.
Class XXXX is impaired by the Plan. The holder of a Class XXXX claim is entitled to vote to accept or reject the Plan. Each holder of an allowed Class XXXX claim shall retain any lien encumbering real property of the Debtor in Possession.
see Section B. CLASSIFIED CLAIMSClaims and interests shall be treated as follows under the Plan : RE : ESCROWS : The only outstanding escrows are the pro-rated portion of the bi-annual payment paid subsequent to the Plan confirmation on XXXX XXXX, 2015. The XXXX half of the annual billing payment period in XXXX is XXXX. ( see XXXX Office of Tax & Revenue Real Property Tax Bills Due Dates ) RE : Plan paymentsThe Certificate of Substantial Consumation, dated XXXX XXXX, 2015, under penalty of perjury, states that the initial payment had been made on this loan per the Plan.
The Order Granting Debtor 's Motion regarding the plan. Item # XXXX of the Order states, " As set forth in 11 U.S.C. 1141 ( a ), the provisions of the confirmed plan and confirmation order shall continue to bind the Debtor, the creditors, and other parties in interest. "

Company Servis One, Inc.
Complaint ID 1419912
Date Received 06/12/2015
Product Mortgage Conventional fixed mortgage
Issue Loan servicing, payments, escrow account
State/ZIP Code FL 334XX
Consumer Consent Consent provided
Company Public Response Company believes complaint is the result of an isolated error
Company Response To Customer Closed with explanation
Submitted Web 06/12/2015
Result Timely Response: Yes, Consumer Disputed: No
 

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