Fay Servicing, LLC

2018-08-29

Houston, TX

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I became behind in XX/XX/XXXX when my husband started developing health issues. My husband, XXXX XXXX was the sole provider and breadwinner of our home. Back in the day I was employed, however, and due to my husbands illness, I was forced to quit my employment to take care of him. Our daughters helped financially as much as they could but was not enough to cover all our living expenses and mortgage payment. In XX/XX/XXXX XXXX passed away. By this time our mortgage payments and late fees had accumulated to a point that I couldnt catch up. Ever since my husband fell ill I have been trying to resolve my delinquency with my servicers/lenders. My loan went from XXXX XXXX XXXX, to XXXX XXXX XXXX to now Fay Servicing. After numerous attempts to communicate with the previous lenders I was told by Fay Servicing that my previous hardship application with XXXX was not honored. They told me that I needed to reapply with them to see if I qualify for assistance, which I did. After a good amount of phone calls to Fay Servicing requesting an application for a loan modification at the beginning of XX/XX/XXXX, they finally sent me one in the mail. This occurred at the end of XX/XX/XXXX. I completed the application and returned it to them immediately via fax to XXXX with all the supporting documentation they requested, which included one full month of pay stubs, 2 months of bank statements, income taxes, utility bill, even the death certificate of my husband with a hardship letter. After I sent all this information I did not hear anything from the lender for the longest time. I thought they were working on my application. To my surprise they werent. I received a notice of trustees sale saying that the lender was selling my property on XX/XX/XXXX. I called the lender XX/XX/XXXX to check the status of my application and to asked them about the sale date. A representative in customer service told me that they decided to put me on a trial plan with a payment that changed for the worse and unaffordable to me. However, I decided to give it a try. My first payment was in XX/XX/XXXX. Unfortunately, they payments were to high for me and couldnt afford it. I called the lender and told them that I could not make the payment because the new payment was twice as much as my previous one, or even more. Fay Servicing told me that I had to reapply to see if they could give me a lower payment. I dont have a computer at home. They say they were mailing a new packet to me, which I received XX/XX/XXXX. I completed the new application again and went to the public library to the email it to a XXXX or via fax, which number matches the same I used to send my packet inXX/XX/XXXX. On XX/XX/XXXX I called the lender and spoke with XXXX XXXX who said that they were not going to stop the sale date because my application arrived to him within the 37 days of the sale date knowing that they had told me to reapply. They lied to me. They shouldve told me they were not going to review my application. He also was aware that I had submitted a complete new application, which was on his desk at the time of our phone conversation. I was forced to file for an emergency bankruptcy, which postponed the sale date but later was dismissed. After I filed for Bankruptcy I called the lender to see if they were working on my loan modification. They said no. They told me I had to refile again due to the fact that I was in Bankruptcy. I file a new application ( this is third one in the process to save my home ). The lender stated that they had a complete packet on XX/XX/XXXX. To my surprise in XX/XX/XXXX I received another notice of trustees sale scheduled for XX/XX/XXXX ( which I know is considered dual tracking according to people I have talked to ). This happened while I was in review. When I called the lender, I spoke with the same person XXXX XXXX who said that the file was incomplete, when they clearly had told me in XX/XX/XXXX that they did not need anything in my file. According to the lender, my application was missing the hamp form, and hardship letter only. The lender did not ever make a effort to let me know about the documents or the possibility of a sale date. I had to file for bk again since the previous one had been dismissed, simply because I thought that the lender was working with me. Now as it appears I have exhausted all my options and depleted my savings, I feel that the lender has enriched itself illicitly by dragging along my modification application with late fees, attorneys cost, and by extending the my deficiency over all this time and making it extremely difficult acting with malice and prejudicial. They treated me as a widow, as an elder person that can not fend for herself. They know my hardship and my means. The trial plan set by them was set so I would fail and default in no time. As it appears the lender reviewed my original application under what they call NO DOC, LIMITED SUBMISSION, which leads me to believe that they didnt even take into account my limited income. I needed to know who is actually behind Fay Servicing. On XX/XX/XXXX, I submitted a request to Fay Servicing for them to disclose who is behind all these by means of a qualifying written request. I need to know who the owner of my mortgage is and try to come to solution with that entity. As of today, Fay has not reply. Now a new sale date is scheduled for XX/XX/XXXX and I dont have any answers from the lender. I have left messages to the new single point of contact XXXX XXXX at XXXX each and every single time I call they put me directly to his voice mail I have not gotten a call back. I need your help to make sure Fay Servicing stops playing games with my life and home. I just need an opportunity to have the lender review my real income and expenses and to prove them that I can repay my debt if an affordable modification is given to me. Not counting with my husbands income force me to request your assistance and apply for a loan modification. My husbands income was an essential part to the successful payment of the mortgage. Without it, it is like weve lost 50 % of my cash flow. I am not contesting the fact that I owe the lender what I promise to repay. I just need to know that Fay Servicing has the authority and that they are not playing with my life or discriminating me due to my widow status, gender or age ( I am XXXX years old ), which at this point I feel they do. I have done everything in my power to make ends meet but unfortunately, I have fallen short and would like if the lender reconsiders working with me to modify my loan. My number one goal is to keep my home and I would really appreciate an opportunity if you can intervene and help me as the sale date is near. Please help me stop the sale date scheduled forXX/XX/XXXX.
Company Response: Closed with explanation

Untimely Response

2018-08-28

Bostonia, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Authorization was faxed on XX/XX/18. The request to attach the authorization to the account was made very clear on the fax cover sheet. Fay Servicing is refusing to attach my authorization to the account and is refusing to speak to me, even though the homeowner/borrower has explicitly given us permission to speak to Fay Servicing. We have given Fay Servicing, the Account Manager, XXXX XXXX XXXX XXXX ), and XXXX manager several opportunities to abide by the homeowners request, yet they refuse to do so. ***Please note that we did finally receive a payoff demand from Fay XXXX so its obvious the DO have our authorization and are PURPOSELY REFUSING TO ABIDE BY THE HOMEOWNER 'S REQUEST. ( See attached Payoff Demand from XXXX and our authorization faxed XX/XX/XXXX ) I want the authorization attached to this account IMMEDIATELY. I want an update on the loan modification process IMMEDIATELY. I want Fay Servicing fined the maximum of {$1.00} million due to their refusal to service this loan according to Federal and State servicing guidelines. CC : XXXX XXXX, Attorney General of California
Company Response: Closed with explanation

Timely Response

2018-08-27

Warrenton, VA

Trouble during payment process

Mortgage: Other type of mortgage

Complaint: My mortgage loan was recently transferred to Fay Servicing. Account Manager I am assigned XXXX XXXX extension XXXX. Email is XXXX. His manager is Mr. XXXX email is XXXX I have explained in the past month that we have a permanent HAMP modification on our loan. Under HAMP guidelines we are in good standing with our loan as long as we do not go over 90 days late. We have never gone over 90 days late. However since our loan was transferred over Fay Servicing issued us a notice of default before we were 90 days late and now refuse to accept our monthly mortgage payment. They are stating we need to make all three months payments or they will not accept payment. With them not accepting our mortgage payment this month after XXXX ends we will be in default under HAMP as our loan will be over 90 days late. We currently owe for XXXX, XXXX and XXXX. We have been attempting to make XXXX 's payment for the entire month of XXXX with no success. I have explained this to them over and over and no help has been provided. We never had these issues with our previous servicer but now that the loan has been sold they are not acknowledging that we have a permanent HAMP modification. Taken from Making Home Affordable Handbook V5.1 page 136 chapter II : HAMP section 9.4 Re-Default and Loss of Good Standing If a borrower defaults on a loan modification executed under HAMP ( delinquent by the equivalent of three full monthly payments at the end of the month in which the last of the three delinquent payments was due ), the loan is no longer considered to be in good standing. Once lost, good standing can not be restored even if the borrower subsequently cures the default.
Company Response: Closed with explanation

Timely Response

2018-08-23

San Diego, CA

Struggling to pay mortgage

Mortgage: Other type of mortgage

Complaint: My loan was sold and the servicer is Fay Servicing, 1st I was laid off XX/XX/XXXX I applied for Keep Your Home, CA which they sent the request to Fay Servicing 3 to 4 electronic submittials. I spoke with XXXX my case worker with Fay Servicing from XX/XX/XXXX through XX/XX/XXXX about where is the electronic document from Keep Your Home CA, each time he spoke they did not have a profit and loss department, finally requested a supervisor, and she provided her email with no help. Keep Your Home expressed that if Fay servicing doesn't agree and return the document it was out of their control. Finally the middle of XX/XX/XXXX, XXXX said he has the Keep Your Home document., but I already notified Keep Your Home I returned to work, therefore I would no longer qualify under their program as unemployed and was instructed to apply with Fay Servicing . I applied for assistance with Fay Servicing to get my mortgage current and I have been waiting for the response since it was submitted in XX/XX/XXXX. Yesterday XX/XX/XXXX, Mr. XXXX XXXX, my case worker for Fay Servicing said I did not qualify they would not move the 1 month behind to the back of my loan and further insulted me saying I was living beyond my means. In addition, I have other concerns regarding the handling of my loan : early this year Fay Servicing constructed to not uphold my modification : no longer were they going to pay for my homeowner insurance, ( Fay Servicing has the loan modification document ) I supplied them the HOA master policy, although this was in my original loan modification XX/XX/XXXX with the previous investor/servicier ( XXXX XXXX XXXX ), Fay Servicing discontinued paying it. I'm currently paying it. 2nd my mortgage payment went from {$1800.00} to {$2000.00} a month Fay Servicing said there was not enough in escrow due to my property tax. There is no increase in property tax of an additional {$2600.00} a year. I explained there was no problem with escrow prior with the previous servicer. Mr. XXXX XXXX email is XXXX XXXX
Company Response: Closed with explanation

Untimely Response

2018-08-23

Shalimar, FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-08-17

VA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: As stated in my previous complaints about FAY SERVICING, we have had a nightmare loan modification process with them. Please reference CFPB claim number XXXX for the backstory. When we did finally receive a loan modification from Fay, we were informed that the modification would be final after completion of the initial trial period, and after that we would received the documents. XXXX XXXX explained the terms to us, but nothing was emailed, they refuse to put anything in writing, and will only explain things over the phone. When we received the documents, we did sign them, making the unfortunate assumption that they contained the same information that was explained on the phone. It does, but buried in the document is also a balloon payment which will be due when the loan is to be paid off. I do not see how this can be legal! They agreed to assist a struggling borrower, to reduce the interest rate, and now are demanding a balloon of over 400k, at the end of a 30 year term, when the house ( original loan amount XXXX ) should be paid off at that point. This is extremely unethical. I've attached copies of the documents we received ( the first document that details the terms was never sent to us, I had to request it from my account manger and have only seen it in XX/XX/XXXX ) documents are encrypted, password is XXXX.
Company Response: Closed with explanation

Untimely Response

2018-08-16

Carver, MA

False statements or representation

Debt collection: Mortgage debt

Attempted to collect wrong amount
Complaint: Hello : Fay Servicing LLC is a debt collector working for XXXX XXXX a Division of XXXX XXXX XXXX XXXX XXXX. We have several attempts to discuss a trial payment plan sent to us that is not affordable, but XXXX XXXX, the account manager at Fay is completely unresponsive to emails or phone calls. The amount that Fay is trying to collect is different from the original debt and not documents were provided to show why there is a difference. They are trying to foreclose on our home. We have XXXX children and XXXX is XXXX XXXX XXXX. The loan was divided in two loans, one was dismissed in XXXX Superior Court when XXXX XXXX just like Fay Servicing try to collect. We need assistance from the CFPB to stop this injustice. XXXX Family
Company Response: Closed with explanation

Timely Response

2018-08-16

Katonah, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Untimely Response

2018-08-15

Allentown, PA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-08-15

Stilesville, IN

Struggling to pay mortgage

Mortgage: FHA mortgage

Complaint: Please see Attachments : I received a foreclosure letter from a law firm saying I owe the mortgage co. XXXX on XX/XX/XXXX18. I called the mortgage company spoke to my account manager XXXX XXXX he stated that I have a lean on my home. I ask him why did they approve the short sale and stating that my realtor can just make a offer on my home. I received 2 offers on my home from buyers. I sign off on the cash offer for XXXX for buyer to purchase my home. XXXX XXXX XXXX Principal Broker XXXX XXXX XXXX, XXXX XXXX Referrals are greatly appreciated and are the highest form of compliment! On Tue, XX/XX/XXXX at XXXXXXXX XXXX, XXXX XXXX XXXX wrote : XXXX, thank you for your email and docs. Because you have complied with the list price we will provide FC protection. The foreclosure has been placed and will continue to be placed on hold as long as the marketing continues with the agreed list price. Obviously if we approve a short sale, the foreclosure will continue be placed on hold. Let me know if you have any additional questions. XXXX XXXX Asset Disposition Specialist Fay Servicing , LLC XXXX XXXX XXXX XXXX XXXX XXXX | XXXX, IL XXXX XXXX toll free XXXX direct XXXX fax XXXX From : XXXX XXXX XXXX Date : XX/XX/XXXX at XXXX XXXX EDT To : XXXX XXXX XXXX Subject : RE : [ External ] XXXX XXXX XXXXXXXX PLACE PRELIMINARY HUD XXXX We have rushed this should be about 3 working days.5-7 is typically our turn around! XXXX XXXX XXXX Business Development Officer Department or Division Name XXXX XXXX XXXX | XXXX | *If wiring funds to XXXX XXXX , please call us at XXXX to verify our wiring instructions prior to wiring the money. We want to keep your money safe! XXXX XXXXXXXX ( XXXX XXXX ) XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, IN XXXX Office : XXXXMobile : XXXX Fax : XXXX Email pkgs. XXXX XXXX XXXX XXXX XXXXXXXX XXXX. XXXX, IN XXXX Office : XXXX Fax : XXXX XXXX XXXX : XXXX
Company Response: Closed with explanation

Timely Response

2018-08-13

Berkeley, NJ

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Untimely Response

2018-08-09

Lilly, PA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-08-07

CA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: My mother passed away and I have given Fay Servicing the certified Letters of Testamentary and Court order which says I am the personal representative. I just received a copy of a letter from Fay Servicing which states they are not accepting me as the personal representative. I brought this property out of foreclosure and Fay Servicing did not want to accept my payment and I had to go to court in order to get help. They will not provide a history of my mothers mortgage payments and said in court she had not made a payment in 8 years, but she received a XXXX for interest which disproves what they had said. They refuse to provide me with any information and I have sent them paperwork numerous times and they keep asking for it again.
Company Response: Closed with explanation

Timely Response

2018-08-07

Great Falls, VA

Took or threatened to take negative or legal action

Debt collection: Mortgage debt

Seized or attempted to seize your property
Company Response: Closed with explanation

Timely Response

2018-08-07

Allen, TX

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-08-02

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-08-02

North Las Vegas, NV

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-07-31

San Gabriel, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: This is my second complaint after i submitted the first the company has called me one time they have taken the first account manager that was helping me and stuck me with a lady whos ben on vacation longer than wat she has helped same thing she told me 2 submitt papers for loan modification never heard from her i call her XXXX XXXX never in so i call her supervisor XXXX always in meeting then i call XXXX XXXX supervisor never in no return calls i get a hold of XXXX about 2 weeks later for her to say paper she didnt get thats her famous line but she never calls to inform me of any information that they need she is in fact a XXXX she is always yelling rudely i asked for payoff she tells me to fill out papers then itll take 7 days to let me know because they dont send out monthly statement which clearly is a lie because i have one in front of me she stated that they sent out a statement to bring loan current pay this amount so i tried they would not excpect but she stated we have not tried to pay clearly lying run around run around
Company Response: Closed with explanation

Timely Response

2018-07-31

Seaford, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-07-31

Temperanceville, VA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: What happened? I want to file a complaint to XXXX XXXX XXXX, Fay Services, XXXX XXXX XXXX and XXXX XXXX XXXX. My loan with Bank of America was originated in XX/XX/XXXX. The loan was for me and my wife XXXX XXXX name ( see attached documents ). I went through several loan modifications applications and finally I had everything completed all paper works as they asked done by XX/XX/XXXX. I called to check the status of the paperwork at the beginning of XX/XX/XXXX and they said they turned my mortgage over to another company, " Fay Services ''. When I spoke to Fay Services they said that my forms will transfer over and they said I didn't need to complete a loan modification because I already had one in due process. I ask them to provide me with what I need to do to get help to cure my debt they then said in XX/XX/XXXX it is too late because it's inside the dates for the foreclosure so it's too late. They made a sale date foreclosure for XX/XX/XXXX. I was able to file bankruptcy to try and figure things out so we can reapply for the modification. They allowed me to complete another modification as they requested. XXXX XXXX XXXX decided to send another foreclosure date on XX/XX/XXXX on behalf of XXXX XXXX. I then asked the law group to stop the foreclosure proceeding as I would get the finance, I disputed the balance owed. After a full research in the courthouse, I started questioning the legitimacy of the company foreclosing. I have proof in the records showing that XXXX XXXX XXXX did not hold the note at the time they were filing the foreclosure proceedings, the note was assigned to XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX ( See documents ). I tried to file a motion to stop the proceeding on XX/XX/XXXX and I reached out to the XXXX XXXX XXXX and ask them to explain why are they collecting on a debt that they do not own the rights to. The court magistrate said my paperwork has to be filed by a lawyer after I told her that I couldn't afford one and I was acting as Prose. I was then denied my right to pay and file my case through a court proceeding ( another issue ). My property was supposedly foreclosed on XX/XX/18. At the foreclosure no one bought the property it went back to the bank the guy uttered. I had a roommate who was told to leave. I made phone calls to Fay Services and they were saying that the investor is going to call me and no one ever called me to discuss me leaving as they realize that we knew that they were not the note holder, I ask them to show me proof that they own the note and I will cooperate and take legal actions as necessary. No one called or contact me until XX/XX/XXXX I found a note from another company XXXX XXXX XXXX company telling me that I have to leave and they summons me for an eviction on XX/XX/XXXX in XXXX XXXX VA . This company claims that they were the one who bought the property when clearly I was there and no one bought it. In addition to my complaint, the bank never sent me a notification that they were changing my lender. XX/XX/XXXX and on XX/XX/XXXX. I plan to submit all of my evidence in hope for a reversal on my so-called foreclosure. I am going to ask the court to allow us to cure the debt as offered by law. I want to file these complaints to assist with my filing, in addition, I would like the public to be educated on loan predators who act like they are the owner and they say they want to help you but they are just buying time to sell your debt for a profit. I am in the process of volunteering to help people in this situation, I would be glad to join your team in any capacity if needed. I am thankful for your help. My phone number is XXXX. Attached also is my prepared court documents that were denied a proceeding. Sincerely, XXXX XXXX
Company Response: Closed with explanation

Timely Response

2018-07-31

Atl, GA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-07-30

Elmhurst, NY

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-07-27

Base Line, CA

Struggling to pay mortgage

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response

2018-07-27

Derry, NH

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-07-26

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response