Consumer complaint received 2022-05-02
Company: Fay Servicing, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I have a XXXX mortgage allegedly held with Fay Servicing who is claiming is in arrears. I am in danger of losing my home due to their questionable business practices. Fay Servicing firm is required to implement policies and procedures to ensure borrowers like myself receive adequate protections from foreclosure to which we are entitled to under RESPA and Regulation X, which includes preventing Fay Servicing from improperly making first filings. Improperly moving borrowers for foreclosure judgements or orders of sale, and from conducting foreclosure sales against borrowers who have submitted timely and facially complete loss-mitigation applications. ONCE AGAIN A SALE DATE HAS BEEN SCHEDULED FOR XX/XX/XXXX. 

I know that there are government programs for struggling homeowners like me. I am contacting your office to let you know that Fay Servicing is not allowing me to be considered for a partial claim, loan modification, forgiveness or special forbearance, but rather trying to just push me into foreclosure. This is an loan which is insured by the government and thus there are government programs that Fay Servicing is denying me access to. I dont want to lose my home. I need your offices help! 

I purchased my home in XXXX executing an loan which I paid faithfully and on time as agreed for several years. In XXXX, like many homeowners, I was affected by the XXXX pandemic and the California wildfires. As a result, I suffered a loss of income of approximately {$2000.00} a week. Next, my mother had XXXX XXXX and I had to take care of her and her medical expenses, as well as find someone who could take care of her when I went back to work. This set me very far behind on all my financial obligations, resulting with me defaulting on my home loan and necessitating that I ask for my lenders help. 

I only recently contacted Fay Servicings agents and explained my situation. They offered me the opportunity to apply for a loan modification. I submitted my application for assistance. However, days later I received a notice on my gate regarding a sale date. When I contacted their agents I received the runaround and paper chase. I was advised that the debarment handling my application was separate from the foreclosure department and the agent also advised that he and his coworkers dont even know the agents in the foreclosure department or what they do. After looking up my file I was advised that my file was incomplete due to an unchecked box on my application. The problem I have with this is I never received notice of any kind that the box was unchecked. Had I not called in I may have lost my home because of an unshelled box. I revised the form and resubmitted it. On XX/XX/XXXX, I was advised my application was complete and would be moved to review status and it would take 3-5 days for underwriting to review my application and even more time to make a determination. I DO NOT TRUST that my file will be moved up by underwriting and a determination made before the sale date and I was told the sale date would NOT be suspended. The Fay Servicing agent I spoke to advised me that there was nothing I could do, but wait for a response which I fear will come the day before my sale date leaving me no other options to save my home due to the sale date being a day or two away. ONCE AGAIN A SALE DATE HAS BEEN SCHEDULED FOR XX/XX/XXXX.

Company response to consumer: Closed with explanation