QUESTION

What is the loan servicer's liability for errors by predecessor servicers?

Asked on Mar 25th, 2013 on Foreclosures - Nevada
More details to this question:
I am an attorney. My client's home mortgage was purchased from the original lender by Countrywide, which was taken over by Bank of America. The holder of the note then changed the loan servicer to Bayview. Bank of America made a mess of the account. Tens of thousands of dollars in payments were no credited to the account. The bank set up a suspense account during the term of a forbearance agreement, then $20,000 just disappeared from the account without being accounted for. As a result, Bayview filed a notice of default when the loan was not in default (in fact it is overpaid). My client has been in a nightmare over this for years. Bayview flatly refused to communicate with her. I obtained a preliminary injunction to stop the foreclosure sale. My question is whether the current servicer, Bayview is legally liable for the current erroneous state of the account caused by the breaches of contract, negligence, and violations of statute committed by its predecessor, B of A.
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1 ANSWER

Probably not, although it is possible if Bayview assumed the obligations of Bank of America.
Answered on Apr 01st, 2013 at 2:20 AM

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