Consumer complaint received 2022-04-10
Company: Fay Servicing, LLC
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
REINSTATEMENT PROBLEMS- DENIAL OF RIGHT TO CURE XXXX Mortgage Default with XXXX XXXX. 
XXXX Mortgage assigned from XXXX XXXX to XXXX. XXXX then also becomes the Servicer. 
XXXX XXXX moved account into foreclosure. 
XXXX I received funds from my 401k to come current. ( Took 13 wks to get my money from XXXX ) XXXX I called XXXX ( XXXX ) with the ability and desire to Cure Default. ( Exhibit A - Detailed Timeline Call Log XXXX XXXX ) XXXX XXXX from XXXX put in for a reinstatement quote. 
XXXX XXXX from this point on has been adding Costs, Fees, and Attorney Fees that would not have occured had they not illegally denied my payment and attempt to Cure. 
XXXX XXXX Filed Foreclosure Complaint for non payment in XXXX XXXX XXXX XXXX XXXX XXXX ( PA ) ( XXXX ) despite doing this while denying my right to cure, and done without proper service under your regulations. ( The improper service is plainly documented on the face of the record where they send to Plaintiff at the property address and not the last known address they list on the Complaint. ) XXXX I called XXXX ( XXXX ) Saw that RfQ  was put in by XXXX but not processed - said she would re-submit it. ( Exhibit A ) XXXX I called XXXX ( XXXX ) Said my request would not be processed until I fill out a written request no matter who I spoke to, gave me an email address. ( Exhibit A ) XXXX Sent in my written RfQ. ( Exhibit A ) XXXX Received an answer to my request, but with an Errored Reinstatement Quote, where they included an extra year 's worth of Payments not Due in the Payments Past Due Amount. ( Exhibit B - XXXX Reinstatement dtd XXXX ) XXXX Judgment entered in favor of XXXX. 
XXXX Served Notice of Sheriff 's Sale for XXXX. 
XXXX I called XXXX ( XXXX ) reviewing all previous calls and the Reinstatement Quote sent, she offered and I agree that it was wrong, and that she needed a supervisor to correct it and they would call me the next week. ( Exhibit A ) XXXX No calls came from XXXX. ( Exhibit A ) XXXX Met with Attorney XXXX XXXX and created Affidavit. ( Exhibit A ) XXXX Attorney XXXX XXXX entered an appearance, filed for emergency Stay and Petition to Open/Strike. 
XXXX Sheriff 's Sale Stayed XXXX Sheriff 's Sale Scheduled ( Stayed ) XXXX Court grants Petition to Open. 
XXXX Hearing held and judgment entered in Favor of XXXX as Attorney XXXX was a no-show. 
XXXX Appealed to Superior Court. 
XXXX SLS Assigns Mortgage to XXXX XXXX. Fay Servicing becomes Servicer. 
XXXX Superior Court Affirms with 7 pages of what Attorney XXXX did wrong. 
XXXX Attorney XXXX files Petition of Allowance of Appeal to Supreme Court of PA. 
XXXX Fay Servicing responds to another RfQ with the past due payments and {XXXX} in additional fees they have been adding the entire time. ( Exhibit C - Fay Servicing Reinstatement dtd XXXX ) XXXX Loss Mitigation package sent to Fay Servicing. 
XXXX Written RFQ NOE1 sent to Fay Servicing with specifics as to the errors. ( Exhibit D ) XXXX Attorney XXXX was suspended from practicing law in PA. 
XXXX Fay Servicing responds to my RFQ NOE1, 47 days after receipt violating 12 CFR 1024.35 ( d ). ( Exhibit E - Letter only ) XXXX After months of continual RESPA violations, Fay responds Loss Mitigation with ridiculous offer. 
XXXX Written RFQ NOE2 and Request for Documents sent to Fay Servicing with specifics as to the errors. ( Exhibit F - RFQ NOE2 ) XXXX Fay Servicing acknowledged RFQ NOE2 and says they will respond within 30 days. 
XXXX Supreme Court denies XXXX. 
XXXX Received package from Fay Servicing in repsonse to RFQ NOE2, but it was the exact same package they sent on XXXX, all documents identical as in their first response, simply copies ( even the responding letter dated the same ), not addressing any of the issues in RFQ NOE2, nor providing any documents thet were requested. 
XXXX I file Application for Reconsideration in the Supreme Court of PA pro se. 
XXXX Supreme Court Denies Application for Reconsideration. 
XXXX Banking Industry Expert XXXX XXXX issues opinion with conclusions. ( Exhibit G - XXXX Expert Opinion ) XXXX House is up for Sheriff 's Sale for the ninth different time in 4 years on this matter. 

EXECUTIVE CONCLUSIONS of Banking Industry Expert XXXX XXXX XXXX XXXX made good faith efforts to cure the defaulted mortgage within the confines of federal and state mortgage laws and regulations : 24 CFR 203.608 and 41 Pa.Stat. 404. 
The servicer failed to abide by those laws and regulation. 
Based on the analysis of the Reinstatement Quote alone, XXXX XXXX has sufficient cause to be allowed to reinstate the loan retroactive to the actual date of the Reinstatement Quote, without liability for any subsequent late fees or other costs levied by the servicer. 
Based on the analysis of all submitted documents, XXXX XXXX has sufficient cause to be allowed to reinstate the loan retroactive to the date of his first call to cure default, without liability for any subsequent late fees or other costs levied by the servicer. 

I have simply been trying to pay since XXXX and the Servicer has denied me, foreclosed on me, and the house is again up for Sheriff 's Sale. 

I am demanding they allow me to reinstate by paying the arrears of mortage payments actually due, with any charges applied to the account as per the law, prior to my first call to cure default, and no charges afterwards. Not necessarily by the CFPB, but to ANY entity that can enforce the law since the courts are having difficulty understanding the law. 

Because they may not have my house.

Company response to consumer: Closed with explanation