Fay Servicing, LLC

2018-10-10

Gloucester City, NJ

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-10-08

Amherst, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-10-05

Fort Stockton, TX

Struggling to pay mortgage

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response

2018-10-05

Tucson, AZ

Trouble during payment process

Mortgage: Other type of mortgage

Complaint: In XX/XX/XXXX we filed a chapter XXXX bankruptcy. The mortgage company submitted a claim for the arerages and the ongoing monthly payments. The bankruptcy closed at or around XX/XX/XXXX. They are now charging {$28000.00} " in fees ''. I have made numerous attempts to get someone to explain these charges and if these were indeed owing why was it not submitted as a claim during the claim period of the bankruptcy. I have made numerous calls and received promises to have someone call me back. I have not heard back from anyone. I have written requesting this information ( several times and recently sent a certified letter about 5 weeks ago, again no response. I am currently paying 11 % in interest. I need to re finance at a more reasonable rate and I need this matter cleared up
Company Response: Closed with explanation

Timely Response

2018-10-03

Hinsdale, IL

False statements or representation

Debt collection: Mortgage debt

Attempted to collect wrong amount
Company Response: Closed with explanation

Timely Response

2018-10-01

KY

Took or threatened to take negative or legal action

Debt collection: Mortgage debt

Seized or attempted to seize your property
Complaint: Bankruptcy discharged without refirmation. Then transferred to Fays Servicing, failed modification. Relocation check, then Redress check for {$150.00}. Now IRS bill for {$10000.00}.
Company Response: Closed with explanation

Timely Response

2018-09-28

Itasca, IL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My name is XXXX XXXX. I fell behind on my mortgage payments when the father of my XXXX children left us. I was left to pay my mortgage and bills but with just my income alone was unaffordable. When I finally landed a well-paying job, Fay servicing approved me for a modification with trial payments of {$1800.00} but they were also requesting {$58000.00} as a " grace payment '' due 3 weeks before the first trial payment. I simply could not afford such a large payment within 4 weeks. I asked around for loans, but I was turned down because my credit reflected that I was delinquent on my mortgage, so I asked Fay Servicing if I was eligible for a short sale. Meanwhile I sought out a broker, my home was placed for auction for XX/XX/2018. I was so distraught I filed an emergency Ch.XXXX prose bankruptcy on XX/XX/2018. I had never filed nor had money to pay a lawyer, but I was assured at the time of filing that my bankruptcy forms were correct and accepted and I was given a Notice of Filing Form to send to my debtors. I had it faxed over to Fay Servicing and the foreclosing attorney the next morning. A third party of mine called and confirmed they received my paper work but on XX/XX/2018, I had a notice on my door stating that my home sold and to call the number on the notice! I called, no one answered so I left a voicemail for them to call me back. I called Fay servicing right after to ask what was going on. I was assured by a Mrs. XXXX from the bankruptcy department at Fay Servicing that no foreclosure was held due to the bankruptcy. I asked about the short sale option and was advised by XXXX XXXX at Fay Servicing in order to be reviewed for short sale eligibility, I had to renew my homeowner insurance policy. I went XXXX to take care of it right away and faxed over the insurance policy on XX/XX/2018. On XX/XX/18 I spoke to XXXX ID # : XXXX confirmed that the insurance policy was received, and he also assured me that my FORECLOSURE WAS SUSPENDED. I faxed over the RMA packet XX/XX/2018 and I called to let Fay Servicing know I sent it. When I called for an update on XX/XX/2018, I was told my house did sell XX/XX/2018 so I called the foreclosing attorney, and it was confirmed that the sale did go through XX/XX/2018! I asked how was it possible if I was protected with the automatic stay due to the bankruptcy and automatic stay generally goes into effect when the case is filed. If you filed a prior bankruptcy case that was pending in the one year period before the present case, the automatic stay will last only 30 days unless you ask the court to extend it. I had NEVER filed before so why did they approve the sale? Now I am being told that I do not qualify for anything anymore. Please help me! To this complaint I have attached all the supporting documents. Thank you for your attention to this matter.
Company Response: Closed with explanation

Timely Response

2018-09-24

Oxford, GA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: In XXXX or XX/XX/XXXX, I began receiving statements with an additional {$1900.00} due monthly on my mortgage statement from Fay Servicing. I was ( and still am ) unsure as to what those charges are for, so I immediately began calling Fay Servicing to inquire about that monthly amount. I have called every month since I have received these statements. Each time I was told that this was not the amount due, and to disregard those statements. On XX/XX/XXXX, I again contacted Fay Servicing.This time I was forwarded to someone who was supposedly my account manager.It is difficult to keep up with account managers because they change so frequently. The person that I spoke with, I think her name was XXXX, stated that it was money I owed for drive by inspections. I told her we had paid all of the fees when our home was threatening foreclosure, and XXXX, my account manager at the time, told me those fees had been waived. My husband had been in a serious auto accident in XXXX, which caused us to become delinquent on our mortgage. In XXXX of XXXX, I received notification that my home was being auctioned off. That was only a week after being told that I had 30 days to appeal my denial for assistance to save my home.Fortunately, my husband was able to come up with the total amount due ( Over {$13000.00} XXXX to end the foreclosure process. They had actually listed my home for auction in the local newspaper. As I was speaking with my new account manager on XX/XX/XXXX ( who had never informed that she was my account manager ), I became very upset because all the people I had previously spoken with had told me to disregard the {$1900.00}. She said that since I was upset she was going to hang up on me. I told her that she had no right to hang up on me because I was upset. I was only expressing my disbelief about the charges and there was absolutely no way she could justify those charges. I told her since she could not understand why I was so upset, please escalate the problem to her manager. She gave me his name and number ( XXXX XXXX ) so I called immediately and left him a voice message. When I finally spoke with him that day, he was already on the defensive. I asked where those charges had originated and he said that they were charges for drive by inspections. I asked him if I could have an itemized statement of dates and charges. He said that it did not work like that. I asked him why he could not provide me with the information. He stated that the $ XXXXwas not due until the end of my loan, but some government agency had provided them the right to add it to each month 's statement until it is paid. I asked him since it is not due until the end of my mortgage, if they could stop placing it on my monthly statement. He refused. He was very unprofessional and each time I tried to explain the great lengths my husband had gone to save our home, he kept calling my name, XXXX, XXXX, XXXX. I asked him to stop calling my name, but he would not. I asked what his position is and he said that he is vice president of servicing. I told him that his serious lack of professionalism led me to believe that he could not be vice president of anything or with any company. If I owe {$1900.00}, I have a right to know how and why those charges have accrued. In order to take our home out of foreclosure we paid the balance that we were told we owed. We have remained current since that time. I have no idea why over a year later, after another company has just purchased our mortgage, this amount of {$1900.00} has begun appearing on our mortgage statements. I am requesting an explanation and an itemized statement of the bill.
Company Response: Closed with explanation

Timely Response

2018-09-24

Newark, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-09-19

Cleveland, OH

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-09-19

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-09-18

Orlando, FL

Incorrect information on your report

Mortgage: Conventional home mortgage

Complaint: Fay servicing held my mortgage for only 7 months then sold it another servicer and .still shows as an open acct on my credit report called them and they said they purged all info off their computers and have no info on me? XXXX is the exact representative assigned to my account her name is XXXX XXXX need thim to report account is transferred not with them anymore
Company Response: Closed with explanation

Untimely Response

2018-09-17

Simi Valley, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-09-14

Cutler Bay, FL

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Their investigation did not fix an error on your report
Company Response: Closed with explanation

Untimely Response

2018-09-13

Cedarville, MA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-09-11

VA

Closing on a mortgage

Mortgage: Other type of mortgage

Complaint: Obtained {$840000.00} as construction loan, in XXXX which never converted into conventional, contacted servicer XXXX XXXX XXXX and Fay Servicing, but nothing done. Rescinded loan within 03 years and then many times as a defense to illegal foreclosure, when not in default. I was placed into manufactured default by the servicer XXXX XXXX XXXX just to cash credit default swaps and payments from various insurance companies. House was scheduled for foreclosure and was forced to file bankruptcy protection to save the primary residence.The subject loan was rescinded as a defense to foreclosure. The XXXX XXXX XXXX XXXX XXXX XXXX, ( XXXX XXXX XXXX ) as agent for non-owners and non-creditors Fay Servicing, ( Fay ) and XXXX XXXX XXXX, ( XXXX ) failed to act within the 20 days window, and by operation of law the rescission is self imposed. The 20 day window is closed now and you and your clients interest in property, ( XXXX XXXX XXXX XXXX XXXX Virginia XXXX ) and in the Promissory Note, ( Note ) has been negated. The Deed of Trust, ( DOT ) is void by operation of law. Therefore XXXX XXXX XXXX can not verify and validate the rescinded loan, which was already discharged in Debtor XXXX XXXX chapter 7 bankruptcy. a ) The statute is clear and the XXXX decision drills home the point -- - the chronology of TILA rescission starts with delivery or mailing the notice of cancelation. It is THEN that rescission is effective by operation of law. It is a " done deal. '' b ) The rescission was effective when mailed. c ) Therefore, the note and DOT were void d ) The failure of the alleged " lender and its agent XXXX XXXX XXXX to comply with the rescission duties and then pursue repayment within one year from the date of rescission bars them from pursuing the debt. So, now there is no note, DOT or enforceable debt. e ) The legal effect is that the loan agreement is over, and the note and DOT are void. The debt survives but ( 1 ) is now conditioned on compliance with the lender 's obligations under the statutory scheme that replaced the loan agreement and ( 2 ) enforcement in all events is barred by the one-year statute of limitations even if the lender did comply with the statute f ) The authority is vitiated by operation of law regardless of the status of litigation. The title never changed, and XXXX XXXX probably owns the. g ) The rescission removed the note, DOT, Assignment of DOT and loan agreement from legal consideration and therefore subject matter jurisdiction was lacking thereafter -- - a point that can be brought up anytime, even on appeal or even later. AND that imposing a remedy based upon void documents violates due process rights of the XXXX XXXX. AND that any ruling denying the application of TILA rescission is void in the absence of a party with legal standing seeking a remedy ( vacating the rescission ) asserting ( 1 ) legal standing ( injury ) and ( 2 ) grounds upon which the rescission could be vacated. Any contrary ruling ( ignoring the TILA rescission ) is itself void on both jurisdiction and due process grounds 2. The pursuing a claim based upon the note and mortgage /Deed of Trust, ( DOT ) is out XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX no longer have legal standing and the Court no longer has subject matter jurisdiction over their claims or defenses. 3. The actual creditor failed to comply, within 20 days from notice of rescission, either comply with the statute or file a lawsuit invoking and standing or any other basis upon which they dispute that the rescission was properly sent. 4. The XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX failing to invoke the remedy of repayment or the duty of compliance within one year from date of mailing is barred from pursuing any statutory claim, because they let the 20 days window close upon them. 5. The rescission caused the loan agreement, the note and the DOT to be void by operation of law now of mailing or delivery. 6. There is no basis for a motion or ruling ( from any court other than SCOTUS ) that starts with the premise that rescission is effective upon delivery or mailing " IF ''. There is no " IF. '' There is no " provided. '' There is no " However. '' There are no conditions other than delivery or mailing. 7. Title stays unchanged as of the date of mailing, to wit : fee simple absolute with no encumbrance of mortgage or deed of trust. 8. The statutory scheme replaces the loan agreement just as the statutory scheme for nonjudicial foreclosure replaces the constitutional requirement of due process PROVIDED that the homeowner may still invoke the right to due process. 9. Hence any further activities to enforce the note and mortgage /Deed of Trust, ( DOT ), verification and validation of the rescinded loan were legally void. 10. That any change of title wherein a party [ terminated trustee XXXX ] received title via any instrument executed by anyone [ non-owner/ non-creditor XXXX XXXX XXXX on behalf of undisclosed creditor, through the Robo-signers XXXX XXXX XXXX and XXXX XXXX ] other than XXXX XXXX are equally legally void. In fact, that would be the very definition of a wild deed. 11. The grantor [ non-owner/ non-creditor XXXX XXXX XXXX on behalf of undisclosed creditor ] did not have any right, title or interest to convey even if it was a beneficiary or Trustee in a DOT. 12. Any other interpretation offered by the XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX would in substance boil down to arguments about why the rescission notice should not be effective upon mailing, like the statute says and like SCOTUS said 9-0 in XXXX. 13. XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX attempts to impose conditional statements on the TILA rescission statute is wrong and void. Each such attempt assumes grounds for vacating the rescission have been proven by a party with standing, and XXXX XXXX XXXX as agent for non-owners and non-creditors, Fay and XXXX lack standing. 14. Due process requires the party who is directly injured by the " wrongful '' rescission to initiate a lawsuit that begins with legal standing, asserts the rescission is effective, and the grounds for why the rescission notice should be vacated. 15. In the Trust Instrument the Trustee XXXX and the parties identified as beneficiaries lack any power to conduct or ratify any transaction or, for that matter, to conduct any administration of any ongoing activity of the trust. This is a fair reading of the trust provisions in the context of a REMIC pass-through facility 16. If any act of the trustee ( and that includes people who were " appointed '' by the named trustee ) is contrary to express provisions of the trust the act is void. 17. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. Under Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ), XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX are legally required to refrain from committing, UDAAP. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX UDAAPs caused significant financial injury to me as consumer, erode confidence, and undermine fair competition in financial marketplace. 18. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX under Dodd-Frank Act involved in collecting debt related to any consumer financial product or service are subject to prohibition against UDAAPs in the Dodd-Frank Act. See Dodd-Frank Act, 1002, 1031 & 1036 ( a ), codified at 12 U.S.C. 5481, 5531 & 5536 ( a ). It is prohibited for any person, to knowingly or recklessly provide substantial assistance to a covered person or service provider in violating section 1031 of the Dodd-Frank Act. See 1036 ( a ) ( 3 ), 12U.S.C. 5536 ( a ) ( 3 ). A. Validation/Verification of Debt As you know that Fay and XXXX XXXX, and their agent XXXX XXXX XXXX are not entitled to invoke the benefits of a legal presumption, and the most reason for this fraudulent streak is the application of legal presumptions that eliminate the need to prove their case. The source of information with XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX, that was less than credible in civil litigation it is the case of Fay as a servicer and XXXX XXXX as trustee of alleged new securitizer. That means that they are not entitled to any legal presumptions. And that means they must prove everything proffered to prove the truth of any matter asserted. I have rescinded the loan transaction within 03 years and as a defense to foreclosure. Section 1635 ( a ) explains in unequivocal terms how the right to rescind is to be exercised : It provides that a borrower " shall have the right to rescind.. by notifying the creditor, in accordance with regulations of the Board, of his intention to do so '' ( emphasis added ). The language leaves no doubt that rescission is affected when the borrower notifies the creditor of his intention to rescind. It follows that, so long as the borrower notifies within three years after the transaction is consummated, his rescission is timely. The statute does not also require him to sue within three years. The above quote was penned by Justice XXXX writing for a unanimous Supreme Court of the United States, the highest court in the land. It is the boss of bosses, ruling over all appellate and trial courts in every U.S. Jurisdiction. It leaves ZERO room for interpretation and in fact the opinion prohibits any interpretation by anyone, including judges on trial or appellate courts : Nothing in our jurisprudence, and no tool of statutory interpretation, requires that a congressional Act must be construed as implementing its closest common-law analogue. Cf. XXXX XXXX. XXXX XXXX XXXX XXXX. v. XXXX XXXX XXXX XXXX, XXXX ( XXXX ). The clear import of 1635 ( a ) is that a borrower need only provide written notice to a lender in order to exercise his right to rescind. XXXX XXXX XXXX The XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX must know that Rescission is a FACT -- -- -- - NOT A THEORY OR CLAIM The loan was rescinded and discharged in my bankruptcy, therefore a discharged loan/debt can not be verified and or validated B. Foreclosure /Insurance Claims Paying of Alleged Accounts A. Foreclosure XXXX XXXX XXXX and their alleged clients Fay , XXXX XXXX XXXX XXXX alter ego did violate TILA when shown intent to foreclose and they repeatedly scheduled wrongful foreclosure on a void deed, when I did rescind the loan within 03 years and as a defense to foreclosure, they also received my rescissions notice, and violated when wrongfully scheduled my property for foreclosure. Accordingly, I did rescind said Mortgage Loan as a full and complete defense to the Notice of Foreclosure Sale, as well as to any future foreclosure on our primary residence stated above. I did rescind said mortgage loan transactions as a Defense to Foreclosure and as Rescission by Recoupment after Three-Year Period. ( RECISSION ; .See 15 U.S.C. 1635 ( i ) ( 2 ) ; TILA ( Reg Z ), XXXX Truth in Lending Act TILA Amendment ; 15 U.S.C. 1641 et. seq ) B. Insurance Claims Paying of Alleged Accounts In XXXX, when the trust through XXXX XXXX XXXX was dissolved and the XXXX XXXX XXXX was paid through XXXX XXXX through an asset purchase agreement dated XX/XX/XXXX. The alleged creditors have also been fully paid on the Mortgage Loan by the Insurance companies other than XXXX, pursuant to Insurance Policies. Moreover, there may have been additional payments under one or more other insurance policies that I am advised may violate the rule against double recovery in the State of Virginia. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) XXXX XXXX is False trustee of the trust ; MFRA Trust XXXX-2 because XXXX XXXX disclaims any economic interest and or ownership in our loan C. Notice of Rescission/TILA I have used our rights of rescission within the prescribed time/duration. I did rescind within 03 years and again rescinded as a defense to foreclosure. You need to read the law and apply correctly. I did send these rescissions notices via certified mail and via XXXX, and I do have proof for that, and other fraudulent entities in this case, failed to take actions within 20 days window, and by operation of law the rescission is self-imposed. The statute does not allow you to send a letter, the statute says, you must file a declaratory action in court to dispute the rescission. The alleged creditors let that 20 DAYS WINDPOW close upon them. I did file these rescission notices in the court as evidence. Since you and or your client failed and let the window closed upon you, by operation of law any security interest in the property and any promissory note automatically become void, and the homeowners are automatically relieved of any obligation, including the payment of any finance or other charges ( See generally 15 U S C 1635 ( b ) et seq ; Reg. Z. ) The foreclosure intent and or scheduled by you and your agent XXXX XXXX XXXX on a VOID instrument ( Deed of Trust ) is in violation, of rescission. Fay and XXXX have the liability of assignee, through the XXXX. The recipients of assignments -- those who assume rights and obligations from the original creditors -- often face a minefield of state and federal laws which may trigger liability. The protection conferred on assignee liability in Section 1641 ( a ) of the Truth in Lending Act ( TILA ). Significantly, however, Congress deliberately limited assignee liability when it amended the Act in the early XXXX to provide as follows in 15 U.S.C. sections 1641 ( a ) : Except as otherwise specifically provided in this subchapter, any civil action for a violation of this subchapter or proceeding under Section 1607 of this title which may be brought against a creditor may be maintained against any assignee of such creditor only if the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement, except where the assignment was involuntary. Assignees can examine the documents assigned for irregularities, and they usually make pricing decisions based on those documents. Thus, 15 U.S.C. 1641 ( a ) enable [ s ] an assignee to know with [ a reasonable degree of ] certainty upon receipt of assigned documents whether it would be subject to possible liability for the actions of the vendor. Fay and XXXX XXXX as assignees may lose the protection of Section 1641 ( a ) when other laws intervene. Assignees should always beware of such " mines '' lurking under the surface of consumer credit transactions. Under section 1641 ( d ), an assignee is subject to all claims and defenses that the consumer could assert with respect to that mortgage against the creditor. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX did violate TILA when they repeatedly sent notice of default, notice of intent and or scheduled wrongful foreclosure on a void deed, when I did rescind the loan within 03 years and as a defense to foreclosure. Accordingly, we did rescind said Mortgage Loan as a full and complete defense to the Notice of Foreclosure Sale, as well as to any future foreclosure on our primary residence stated above. D. Abusive/Deceptive/Unfair and Deceptive Practices XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX did not comply with all federal and state requirements in connection with the servicing as stated above in paragraphs 1-3 above. XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX violated rescission laws and repeatedly scheduled for illegal foreclosure when Deed of Trust, DOT ) was VOID due rescission. Id XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. I have correctly requested to Consumer agencies and courts to take action against, them, for this fraudulent debt, in violation of 15U.S.C. 1692e ( 2 ) ( A ), threatened to take an action that can not legally be taken or that it did not intend to take, in violation of 1692e ( 5 ), and used a false representation or deceptive means to collect or attempt to collect a debt, in violation of 1692e ( 10 ). Under Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ), XXXX XXXX XXXX and their alleged clients Fay, XXXX XXXX XXXX XXXX are legally required to refrain from committing, UDAAP, and their UDAAPs caused significant financial injury to me as consumer, erode confidence, and undermine fair competition in financial marketplace. XXXX XXXX XXXX and their alleged clients XXXX, XXXX XXXX XXXX XXXX under Dodd-Frank Act involved in collecting debt related to any consumer financial product or service are subject to prohibition against UDAAPs in the Dodd-Frank Act. See Dodd-Frank Act, 1002, 1031 & 1036 ( a ), codified at 12 U.S.C. 5481, 5531 & 5536 ( a ). It is prohibited for any person, to knowingly or recklessly provide substantial assistance to a covered person or service provider in violating section 1031 of the Dodd-Frank Act. See 1036 ( a ) ( 3 ), 12U.S.C. 5536 ( a ) ( 3 ). E. Failure to Response/Acquiescence/Admission Please note that from XXXX to XXXX I sent to your office and others our, NOTICE OF RESCISSION AS DEFENDE TO FPRECLOSURE PURSUANT TO 11. U.S.C 1635 ( i ) ( 2 ) and prior Law Firm XXXX XXXX XXXX XXXX, ( XXXX ) representing Fay and XXXX XXXX without reading it, acknowledged our Rescission Notice. Accordingly, I hereby rescind said Mortgage Loan as a full and complete defense to your illegal intent to illegally foreclose on our promissory residence pursuant to 11 U.S.C 1635 ( i ) ( 2 ), when I am not in default. Through the Qualified Written Request, ( QWR ) and other Dispute, and Cease and Desist letters/Notices, I have requested the accountings, ledgers as mentioned on page 3 above which were not provided. F. Compliance XXXX, Fay and XXXX did not comply with all federal and state requirements in connection with your servicing as stated above in paragraphs 1-5 above, violated rescission laws and repeatedly scheduled for illegal foreclosure when Deed of Trust, ( DOT ) was VOID due rescission. Id XXXX, Fay and XXXX were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. G. XXXX XXXX XXXX is nonexistent inactive trust, ( NEIT ) Note the assumption that lawyers including XXXX XXXX XXXX its alter ego are hired by servicers [ Fay and XXXX ] and not the Trustee [ XXXX XXXX XXXX ( NEIT ) ] Thus the servicers hire counsel [ XXXX XXXX XXXX ] through third party venders XXXX and then order that foreclosure be brought in the name of the alleged trust, [ NEIT ]. But if there is no trust or no acquisition of the debt, or authorization the servicer is without legal authority to do anything, much less collect money from homeowners or bring foreclosure actions. H. XXXX XXXX XXXX knowingly and substantially assists or encourages a clients wrongdoing XXXX XXXX XXXX lawyers knowingly and substantially assists or encourages a clients ( Fay and XXXX XXXX XXXX XXXX ) wrongdoing, and I XXXX XXXX was harmed by the clients misconduct and will sue the XXXX XXXX XXXX and its lawyers in tort for allegedly aiding and abetting the clients misdeeds, while acting as a vehicle of fraud. First, XXXX XXXX XXXX lawyers may be sued for fraud or negligent misrepresentation in litigation, as where, for example, they are alleged to have knowingly misrepresented material facts in negotiations Second, transactional practice is such that business lawyers are natural targets of fraud and negligent misrepresentation claims by me based on alleged false statements and failures to disclose information. Third, clients ( Fay and XXXX XXXX XXXX may sue their own XXXX XXXX XXXX lawyers for alleged fraud and misrepresentation in appropriate cases Misrepresentation is fraudulent if the maker ( XXXX XXXX XXXX ) : ( a ) knows or believes that the matter is not as XXXX XXXX XXXX represents it to be, ( b ) XXXX XXXX XXXX does not have the confidence in the accuracy of XXXX XXXX XXXX representation that XXXX XXXX XXXX states or implies, or ( c ) XXXX XXXX XXXX knows that XXXX XXXX XXXX does not have the basis for XXXX XXXX XXXX representation that XXXX XXXX XXXX states or implies
Company Response: Closed with explanation

Untimely Response

2018-09-10

Newnan, GA

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Difficulty submitting a dispute or getting information about a dispute over the phone
Complaint: Faye Servicing is the mortgage holder of my mortgage currently. They have held funds in a suspense account and applied them late which shows a late report on my credit. I called to find out why and demanded that the issue be corrected. I have not made contact with an account manager on this. The inaccurate reporting hit the bureau within the last three weeks. I need this corrected as soon as possible. The late hit is negatively affecting my scores.
Company Response: Closed with explanation

Timely Response

2018-09-06

Philadelphia, PA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-09-06

North Hollywood, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: In XX/XX/2018, I, XXXX XXXX XXXX, and my husband, XXXX XXXX, filed for bunkruptcy of some credit card debt incurred through XXXX XXXX 's business. That bankruptcy never included the XXXX & XXXX mortgages held by myself and a third party, XXXX XXXX These mortgages are for the primary residence of XXXX XXXX, XXXX XXXX, & XXXX XXXX. In XX/XX/2018, XXXX XXXX XXXX ( holder of the 1st mortgage ) notified us that they sold that mortgage to Fay Servicing. We were paid up and current with XXXX, and going forward from XX/XX/2018 our payment were to be made to Fay Servicing. We did all that. Now Fy Servicing/XXXX is insisting on a duplicate payment back to them that we were never notified about and XXXX has attached themselves to our bankruptcy after-the-fact. On XX/XX/2018 as we filed the bankrupcy, a payment to XXXX was pending. That payment was made XX/XX/XXXX properly and on time. XXXX admits this. This pending payment was automatically swept up into the bankrupcy ( even though XXXX was never named in the bankrupcy ). Fay Servicing should remove the requested payment from the bankrupcy, and amend our mortgage payment records and all credit reporting agency records to reflect that we are current with the morgage and there was never a late or missing payment.
Company Response: Closed with explanation

Timely Response

2018-09-05

Bayville, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-09-05

Bakersfield, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Company Name : Fay Servicing Company Address XXXX XXXX XXXX XXXX XXXX, IL XXXX I am writing this complaint against Fay Servicing, for failure to operate in good faith and for attempting to actively take my home from me. I first started being in constant contact with Fay Servicing in XX/XX/XXXX when I was going through my divorce and required a forbearance agreement. They provided me with a reduced payment of {$1500.00} USD. I had been through some significant changes to my health due to the stress of my XXXX ex-husband and ended up eventually losing my job. During the entire time, I was in contact with my account manager, XXXX XXXX. We had conversations about me applying to Keep Your Home California, Californias hardest hit funds program. I applied and continued to stay in constant contact with Fay Servicing and Ms. XXXX. She kept reassuring me that she knows that I am operating in good faith by keeping in contact with them and keeping them updated on my situation. Upon my application to KYHC, Ms. XXXX advised me that through her extensive experience with the KYHC program, that the program funds a large lump sum payment and that I didnt have to worry about making my payment, since my forbearance agreement had now expired. She expressed to me that once the lump sum was received that it would apply to my account and bring everything current, making up for the deficiencies in my forbearance agreement. Every time I spoke with her, over a 4 month period, Ms. XXXX assured me that I was not required to make a payment to Fay Servicing and that they know that I am working with KYHC and everything should be fine. Over that period of time, due to Fay Servicings advisement I missed approximately 4 payments at {$2300.00} each. I was accepted into the KYHC program as of XX/XX/XXXX and my payments started funding through to Fay Servicing. I remained in contact at least monthly at this point with Fay Servicing. Ms. XXXX let me know that they had not received the lump sum payment she told me they were supposed to receive. Fay told me to talk to KYHC about it. KYHC let me know that they would only be paying monthly installments for the program I had been accepted into and that the information I was provided by Fay was false. I addressed this with my account manager and she just said that, it wasnt her experience in the past and that I shouldnt worry about it because I am now making regular payments. Upset by what I had been told about not needing to pay, I escalated the call to her supervisor and requested what was told to me in writing, which I never received. I asked that their quality assurance recorded conversations be accessed for reference and I was told that, that is not what those calls are for. During my time on the program, I continued to be in constant contact with Fay asking multiple times if we can run scenarios for when I am again employed, of how to transition back into my payments. Fay refused to talk to me about that, saying that without any confirmed info, that would all be up in the air. During this time, I focused on raising my XXXX XXXX XXXX children, completing my divorce, finding a job. Though my home possesses over $ 100K in equity, I was unable to refinance due to lack of employment and my ex-husband damaging my credit so severely before our separation. InXX/XX/XXXX, I was finally able to secure employment and let both Fay and KYHC know as part of my program requirements. At this time I asked my account manager again if there was any way that I can get my account into good standing, since I was misled by them. I still received no answers, and found that now it was becoming increasingly difficult for me to get a hold of my account manager. KYHC provided me with an additional 3 months of grace period payments with my final payment scheduled to post on XX/XX/XXXX. On that same day I reapplied to KYHC for acceptance into an additional program to help me save my home, my application is currently still pending and the program has stated during my requests for updates that it has been increasingly difficult for them to reach Fay Servicing as well. I received a letter of default and acceleration on XX/XX/XXXX that was datedXX/XX/XXXX which was 22 days prior to my final payment with KYHC posting. I enlisted the assistance of a family friend who knows mortgages and I requested a loan modification packet from FAY. They requested all of my financials, My XXXX ( which I didnt have yet ), a completed XXXX which they provided, 3 months bank statements, copy of my divorce decree, My tax returns and 3 paycheck stubs, an account of all my expenses and a letter of explanation that included a request for a HAMP modification. They sent a letter to me saying that they hadnt received all they had requested, stating that the XXXX was the incorrect form, even though THEY SENT ME THE FORM. It was a clearly a stalling tactic. The correct document was provided to them for them to consider the completed packet. With all this information, Fay returned to me a letter onXX/XX/XXXX datedXX/XX/XXXXas a response to the packet of financials I sent them that said that they were offering me a Trial Period Plan under their Modification Program and that my first Trial Period Plan payment was scheduled forXX/XX/XXXX. The subsequent dates for this program wereXX/XX/XXXX, and XX/XX/XXXX which was impossible, being that it was 218 years ago. Additionally, the initial payment they offered me was {$9000.00}, even after careful review of the information I provided them they still deemed this payment affordable. They never responded to the request for the HAMP Modification and what they presented was in no way affordable as at the time I had received the letter I had just barely made approximately {$12.00}, 000 through my employment, and after being unemployed for over a year and a half. On XX/XX/XXXX I called Fay and requested a new letter with viable dates. I was pressured during that call to make a decision based on the faulty letter I was provided. I declined stating that it was impossible for me to agree to something that had no valid dates. I also requested a copy of my most recent statement. I received an updated letter with corrected dates. I submitted a letter of appeal to Fay stating that I provided all my financials and that they were aware of how much money I currently made and had made since being employed, I also stated that they were aware of me having XXXX small children both with XXXX XXXX, they are aware of me just getting back on my feet and that I had approximately {$2000.00} for a payment. I received a Letter of Denial for my appeal on XX/XX/XXXX datedXX/XX/XXXX, with a statement saying that the immediate offer stands and there are no more appeals. On XX/XX/XXXX, I called Fay Servicing to make a payment in the amount of {$2300.00}, my regular payment. They refused my payment and said that they would only accept the {$9000.00} payment. I spoke to a XXXX XXXX that day. This company and its representatives lied to me to gain access to my home. They have not acted in good faith and are very aware of the equity in my home and have preyed on my misfortune to make a grab for my home. I have asked for other modification options but none been provided to me in good faith. Nothing they have done has been in good faith. I have turned my situation around and have worked with them even prior to my hardest hit program in good faith, showing them that I have an interest in my home and doing whatever they told me to try to save my home. I am asking that you assist me with finding a viable resolution to this situation, such as a HAMP Modification, delinquency reabsorption and loan extension or any other modification in good faith that I can afford and to not allow them to steal from hard working people who are just trying to do the right thing.
Company Response: Closed with explanation

Untimely Response

2018-09-04

El Monte, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-08-31

Millville, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-08-30

Round Rock, TX

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: My loan has meet all the requirements for deletion of PMI and Fay Services has give lie after lie for reasons on why they refuse to delete PMI. * I have no 30 day late payment in the last 12 months * I have no 60 day late payment in the last 24 months * My LTV is 67 % per letter that i recieved from both Fay servicing and previous servicer * Loan is in good standing * I have requested removal in writing several times ( last time XX/XX/XXXX ) * The home is in compliance with all requirements in the Homeowner Protection Act XX/XX/XXXX All the documents needed are in the file that both XXXX Homes and Fay Servicing have. Current outstanding loan balance is {$120000.00} and Tax appraisal is {$240000.00}. ( attached )
Company Response: Closed with explanation

Timely Response

2018-08-29

Oakland, FL

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response