Fay Servicing, LLC

2019-08-23

Miami, FL

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-08-22

Greenville, SC

Struggling to pay mortgage

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response

2019-08-22

Scottsdale, AZ

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: On multiple occasion our mortgage company has caused financial and emotional distress. XX/XX/XXXX we requested a another escrow analysis after only receiving a check and no disclosure statement of the analysis. Today, XX/XX/XXXX after opening our mail read the disclosure statement that states we are required to have {$2200.00} in escrow which is deceptive and misrepresentation. We called Fay Servicing and spoke with XXXX and she said a reanalysis was completed on XX/XX/XXXX and the analysis on XX/XX/XXXX was correct. This is false because ( see understanding your monthly escrow payment amount # 2 ). Additionally, today is XX/XX/2019 and we are just now receiving the new payment amount due XX/XX/2019 only 10 days before the payment due date. We made multiple requests to XXXX to advise the required cushion amount and the only amount she would give is the {$2200.00} but when we called on XX/XX/XXXX we were advised ( 2 ) month of cushion is required. Our new escrow amount is {$360.00}, so a ( 2 ) month cushion would be {$730.00} which is stated on the understanding your monthly escrow payment amount # 2. Once again our current escrow balance is {$2200.00}
Company Response: Closed with explanation

Timely Response

2019-08-20

FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: On XX/XX/XXXX XXXX XXXX XXXX, XXXX., the attorney representing the lender, emailed our attorney, XXXX XXXX XXXX, XXXX. and stated : " Good morning, Per our client, below are the items still missing to complete the package : 1. Please provide updated 4506T/EZ provided is expired. 2. Please Provide Sign and Dated Profit and loss Statement. 3. Last 2 months business bank statements '' On XX/XX/XXXX we provided the specific information to XXXX XXXX and her client as requested via email and by court filing in our foreclosure case, XXXX XXXX XXXX in XXXX County, Florida. We have heard no response from lender. At the time the documents were furnished to complete the Loss Mitigation Package, it was more than 45 days before a foreclosure sale which has been set for XX/XX/XXXX. Pursuant to the protections of 10 CFR 1024.41, the lender is required to determine completeness, communicate with borrower, and review it for loss mitigation options. No communications have been received. It appears that the lender is willfully in violation of the law in refusing to respond to our loss mitigation package.
Company Response: Closed with explanation

Timely Response

2019-08-20

Monroe, NC

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2019-08-20

Santa Ysabel, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: On XX/XX/2019 I submitted for a short sale with my Realtor. Fay Servicing first put me through a modification review and then a short sale review. We have had a full file in short sale review for 60 days. All documents are in. The Realtor has been calling weekly for Fay Servicing Short Sale Representative to follow up, but they have not. Fay Serving is waiting for their tile report. It has been over a month and they have done nothing. My complaint is that fact I came home today and have a foreclosure sale date taped to my front door. From my understating under the California Homeowner Bill of Rights that is illegal and predatory lending. We have confirmed today with Fay Servicing they have all docs they need and it is in “short sale review”. But nobody is communicating with my Realtor for the short sale. Fay Servicing has literally done nothing except back door me with an illegal foreclosure.
Company Response: Closed with explanation

Timely Response

2019-08-19

Boston, MA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-08-16

Bath, SC

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-08-14

Booth, TX

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-08-13

Rocky Ridge, MD

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: For several months my mortgage statements have reflected charges labeled as other charges which are not principal, interest, or escrow. Multiple calls have been made to Fay Servicing, who is the servicer, in XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX to get an explanation of said charges. At no point could charges be validated or explained but yet they reoccur and late fees are being charged based upon it. Fay Servicing has been lees than truthful and made other errors on our mortgage in the past which all can be proven. Fay servicing will not receive money that is not due. Our mortgage is and has been current. It would appear that Fay Servicing is engaging in predatory practices and with as many complaints as they have there couldnt be a servicer more deserving of governmental oversight. If there is no resolution to the current issues within 30 days we will be forced to take other action which, after initiating, there will be no recourse.
Company Response: Closed with explanation

Timely Response

2019-08-13

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-08-13

Newark, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-08-12

Montgomery, AL

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-08-12

Billerica, MA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-08-11

Rosenhayn, NJ

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: XXXX XXXX, loan # XXXX. Fay Servicing the loan company. I be trying to fixing the problem. But is lake had to be there way. From day one they get me problems. That first is for home insurance, I got insurance and then pay for a second one {$1600.00}. Asking for proof of insurance and then need to change the loan # on the insurance. I had to find the problem on that one. Then They race my loan well not note. For {$810.00} to XXXX. Because property taxes race. Know they collected money for insurance and taxes plus the loan. But is not necessary to races the payment. Now they collected over {$1500.00} and the taxes are XXXX more. I pay on to XXXX and then say I old XXXX and XXXX. I tray but is lake is there way. Is late reported to my credit and more and I made payment on time. And my account manager taking all the time to fix this and I tray to fix that and XXXX XXXX the account manager doesnt know working with number. Number are perfect, people fear. My cell number is+XXXX and email XXXX. I appreciate your help. Thanks
Company Response: Closed with explanation

Timely Response

2019-08-07

Las Vegas, NV

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2019-07-30

San Gabriel, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I am selling the property as a short sale. The short sale approval took almost a year from the first lien holder but it was approved. The second lien holder could not be located. It was originally with XXXX, then the FDIC and lastly with XXXX XXXX. Called XXXX and they said they closed down and sold their assets. They looked up the loan and said that this particular loan remained with the FDIC, even though XXXX currently still showed XXXX as the servicer. The FDIC said they do not have the loan and that XXXX had it. Upon contacting XXXX they said they do not service loans and are only acting in the capacity of a nominee for the servicer. After explaining the problem they said they can help provide a release of lien if it was with the FDIC at one point which this was. So I sent them what they requested. At this point the short sale approval had expired and the bank put a foreclosure sale. I didn't think that XXXX was going to help and the first lien holder felt the same way so I thought I was just going to get foreclosed on because there was no way to find who the debt was owed to on the second mortgage. Then XXXX responded and said they are recording a release this week. I immediately informed the first lien holder and they said that's great but they don't know if they can postpone the sale. They suggested filing for bankruptcy but that's not an option. I explained that only they can request a postponement and they said they would try. The sale is for tomorrow. The buyer is still willing and able to close in two weeks if the first mortgage can provide a new short sale approval, which they said they could. When all seemed like there was no way to avoid foreclosure now there is a way to close the sale and avoid foreclosure and I'd like to be able to do that. Please help.
Company Response: Closed with explanation

Timely Response

2019-07-26

Great Neck, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: This letter is to inform CFPB on the efforts we have embarked on most recently. We have hired a world renowned forensic auditor to investigate the mortgage, as well as the note, securitization, to examine all signatures, just to name a few. The forensic audit as attached for your review of over 1000 pages will outline all the illegal forged documents as well as proof that the current alleged Bank does not have any rights to mortgage or the note. ( The CFPB portal does not allow an excess of XXXX MB of file to be uploaded, therefore I will attach the summary findings of all fraud and will file it with court during the litigation process ) The signature of the Vice President by the name of XXXX XXXX of the Washington XXXX XXXX has been forged when the employee has been long gone. Please see attached audit for proof of evidence. Please note Fay Servicing and XXXX XXXX XXXX XXXX have scheduled an auction date on XX/XX/2019. I am kindly requesting your agency to cancel the upcoming auction which is scheduled on XXXX the XXXX so we can provide the evidence in court to vacate the judgement of foreclosure. To summarize, I applied and was approved for an alleged mortgage in XX/XX/XXXX with XXXX ( Washington XXXX. ) Since that time, there have been multiple transfers of only the mortgage and not the note and have been the subject of a contested foreclosure since XX/XX/XXXX involving XXXX, XXXX AND XXXX XXXX XXXX XXXX. We became suspicious when a complete stranger ( XXXX XXXX XXXX XXXX ) appeared out of nowhere, claiming ownership of Note and mortgage without providing any substantiating documentation. We realized that Fay as well as XXXX XXXX XXXX XXXX was not interested in helping us and for reasons that are now clear. Due to the well publicized mortgage crisis, we felt it was in our best interest to challenge the validity of XXXX XXXX XXXX XXXX and Fay Servicing ( see attached ). Recently, we submitted a request for validation of debt, error resolution and information request & proof of claim pursuant to RESPA, FDCPA, & the Uniform Commercial Code ( see attached ). Unfortunately, Fay Servicing and XXXX XXXX XXXX XXXX has refused to furnish any information whatsoever and instead has thumbed their nose in the face of our legitimate disputes amidst continued foreclosure activity. Fay Servicing and XXXX XXXX XXXX XXXX operates as if it is above the law in what appears to be a continued effort to take our home without fulfilling its lawful duties and obligations. In our investigation, please see attached extensive documentation to prove fraud, deceit, forgery of signature, there is a significant amount of Civil Code Violations, violations of Dodd-Frank Wall Street Reform and Consumer Protection Act, violations of RESPA, FDCPA, TILA, FCRA, falsified signatures, as well as disclosures prior to commitment and ROBO signed instruments. - I believe that they violated the Fair Debt Collection Practices Act - We have undisputed evidence that XXXX as well as XXXX XXXX XXXX XXXX does not legally own the Note and mortgage, - The Note and mortgage were both Rescinded and do not exist ( see attached ). -Fay Servicing and XXXX XXXX XXXX XXXX has refused to provide ANY accounting of the alleged debt and that it does not exists. - We have evidence that the debt was satisfied by either tax deduction, insurance claim or by bailout which would necessitate Fay Servicing and XXXX XXXX XXXX XXXX to work out a settlement to resolve this matter. - I could be irreparably damaged by their lack of adherence to consumer protection laws. As stated, it has became obvious that Fay Servicing and XXXX XXXX XXXX XXXX had no intention of providing the requested information and has brushed off our requests. We did not feel that this represents the behavior of a bank that claims a valid interest in our Note and mortgage. After performing further due diligence, information became available through a database search performed by a professional auditor, that our loan number as well as the physical address were part of a securitization involving investors and institutions and a REMIC trust. This newly discovered information pertaining to the potential ownership of our Note and mortgage was never divulged as Fay Servicing and XXXX XXXX XXXX XXXX arrogantly moved forward while pushing the narrative that it was the owner of the Note and mortgage. The involvement of other parties, and a REMIC trust, changes the dynamics of this dispute and foreclosure. It is distinct that the instruments utilized in this foreclosure has to be rendered unenforceable in the state of New York. There is sufficient evidence that Fay Servicing and XXXX XXXX XXXX XXXX is in violation of the law and is pursuing an unsubstantiated claim and is engaged in illegal collection activity as well as foreclosure practices. Furthermore, there is evidence of shady transactions that have been concealed to enhance the Fay Servicing and XXXX XXXX XXXX XXXX foreclosure. Fay Servicing and XXXX XXXX XXXX XXXX should be scrutinized in this foreclosures due to it's involvement and implementation of it's " fraud manual '' in which directions were given to it's agents for the production of bogus documents for the purpose of foreclosure. Please note Fay Servicing and XXXX XXXX XXXX XXXX have scheduled an auction date on XX/XX/2019. I am kindly requesting your agency to cancel the upcoming auction which is scheduled on XX/XX/XXXX so we can provide the evidence in court to vacate the judgement of foreclosure. Thank you.
Company Response: Closed with explanation

Timely Response

2019-07-25

Las Vegas, NV

Closing on a mortgage

Mortgage: Conventional home mortgage

Complaint: I was approved for a mortgage on my homoe in XX/XX/XXXX for {$110000.00} per the deed of trust. I was paying {$700.00} a month until XX/XX/XXXX. I saw the deed of trust did not have a legal prescription and was not properly filed. This loan was processed through XXXX XXXX XXXX, onto XXXX XXXX XXXX, then onto Fays Servicing LLC ( who owns the loan ). I have filed for Bankruptcy Chapter XXXX with one creditor and I have to file a grievance letter so that I can file for adversary proceeding with my evidence.
Company Response: Closed with explanation

Timely Response

2019-07-25

Kiryas Joel, NY

Incorrect information on your report

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

Account information incorrect
Company Response: Closed with explanation

Timely Response

2019-07-24

Three Bridges, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-07-22

Balmville, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-07-18

Detroit, MI

Written notification about debt

Debt collection: Other debt

Didn't receive enough information to verify debt
Company Response: Closed with explanation

Timely Response

2019-07-18

Arvada, CO

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My name is XXXX XXXX XXXX. My mother, XXXX XXXX XXXX, and I own a house. Our mortgage was sold to Fay Servicing , LLC in XX/XX/XXXX but had been behind two months with the previous mortgage company so right away to be able to pay a payment we had to search for a phone contact because Fay Servicing never gave us any information to be able to make a payment. I actually to call the previous mortgage company to find who the company was that bought our loan. At this point we were assigned a mortgage account manager named XXXX XXXX and paid the XXXX payment and asked how we could catch up with the two months in arrears. XXXX made it seem so easy and sent us papers to fill out called Loss Mitigation. We did everything we were told to do and faxed it by XXXX and he even told us we would have Lender-Placed Insurance for {$960.00}. Then he told us that they would make a decision and at that point Fay Servicing switched our account manager to XXXX XXXX. We barely spoke to him and he never gave us any information on what the decision of Loss Mitigation was. All along we were making our monthly payments, not the two months arrears, and they were accepting those payments. We never heard anything from XXXX except that they closed the Loss Mitigation. This was in XX/XX/XXXX. Now we get a new account manager named XXXX XXXX was very abrupt and would not help us in any way. My mom told XXXX that by law she could not foreclose on our account if weve kept in contact with her ( 60 days, etc. ) that legally they can not foreclose on our house. She was very upset by that and didnt want to do another Loss Mitigation but she ended up doing it. Now for XXXX XXXX payment the mortgage company would not take our money. They stated we had to come up with the two back payments, along with almost {$1000.00} in fees, plus XXXX. At this point the Loss Mitigation hadnt even been given an answer too. The whole reason we were behind in the two payments was because I was a XXXX XXXX who didnt get paid during holidays and non-school days. Also my mother is on Social Security and something had happened where they had to investigate how much Social Security she should get. That was all resolved and we asked Fay Servicing if we could make a little extra with the monthly mortgage payments, which XXXX answered No it has to be another full payment. In XXXX they said they would not accept the Loss Mitigation and so they wouldnt take both XXXX and XXXX payment but wanted the two months back pay plus outrageous fees. They stated that we didnt get the Loss Mitigation because we didnt have insurance which we have proof in the attachment that was {$960.00}. We went to an insurance company and paid them {$200.00} and thought it would go to escrow, however they said it didnt matter and our income didnt match up to make the payments. I told them I will be starting as a XXXX XXXX with XXXX XXXX XXXX as of XX/XX/XXXX. They said that didnt matter because it hasnt happened yet. Then I borrowed money from my father and talked to XXXX XXXX ( XXXX was out of the office ) on Friday XX/XX/XXXX and he stated that if we paid {$2200.00} ( 3payments ) we could be out of foreclosure. I called XXXX XXXX today, XX/XX/XXXX and she stated she would not accept this money. She wants the 4payments and fees for a total of {$2900.00}. We literally get a different answer every single time we talk to her or anyone else at that company. Not only do we have a lot of equity in our house which weve lived in since XXXX, but we have this double insurance that the {$960.00} for Fay Servicings insurance shouldnt be apart of. We have 7 papers to show that : First we never received anything on them closing the Loss Mitigation in May and second that we have insurance that we had to pay the mortgage company and they told us we had to have our own ( which was part of why we were denied the Loss Mitigation )
Company Response: Closed with explanation

Timely Response

2019-07-18

Champlin, MN

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response