Consumer complaint received 2022-11-21
Company: Fay Servicing, LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am contacting the CFPB for desperate help in dealing with my mortgage servicing company, Fay Servicing. I have been fighting for years to get my loan approved for a loan modification and failed due to no fault of my own. Now there is a foreclosure auction scheduled on my property for XX/XX/XXXX and I am begging for help considering my hardship and the fact that I can finally provide what is needed for a permanent modification. Back in XXXX of XXXX, I was a victim of domestic abuse from my husband, XXXX XXXX. After the last incident and a few court dates, I was granted a restraining order at which time he left the state and moved to Florida. He has done all he could to contest the divorce, making it as difficult as he can to continue his abuse from afar. It appears he is winning because I am losing this house to auction next month. 
This loan was approved for a six-month trial modification from XX/XX/XXXX, through XX/XX/XXXX. ( See trial agreement attached ) I completed the trial payments on time and was issued a permanent modification agreement. However, that agreement required XXXX XXXX signature and he would not cooperate threatening me, he will do all he can, so I lose this house. After thousands of dollars in court, on XX/XX/XXXX, the court ordered XXXX to execute the loan modification documents as well as a quit claim deed. ( See court order attached ) I quickly contacted Fay Servicing, but I was told I needed to reapply for a modification as they could not reissue that same agreement months later. Keep in mind, that is when the Covid19 pandemic just started, and I was on unemployment in XXXX. I went ahead and reapplied ; however, Fay Servicing insisted, my loan could not be approved with XXXX just signing the documents and that an approval could not be issued without the final recorded divorce decree. On XX/XX/XXXX, I appeared in court for the foreclosure status conference and the judge was kind enough to persuade the foreclosure attorney to work with me on a settlement. I was told to reapply for the modification after I returned to work in XX/XX/XXXX, and I was to reapply using the family court stipulation that XXXX XXXX is to execute the loan documents. I reapplied and was told again ; they could not accept the application with only the stipulation attached. Told I needed the actual quit claim deed and final divorce decree. 
XXXX XXXX finally executed the deed which his attorney sent to the county for recording. However, the deed was returned three times for errors made. Again, yet another strategy to continue this abuse. Knowing that these delays would cause me to lose the house. As of now, the deed is finally pending recording with the county. 
I am desperately requesting assistance. The divorce proceedings are in the final stages ( see court appearances attached from ecourts ) and pending the decree to be drafted. I am begging Fay Servicing to please accept the {$20000.00} I have saved and is in my account to use as a down payment to modify the loan. Even if I could start making trial payments, the divorce decree and quit claim deed would be recorded prior to the permanent agreement being generated. Please, this man should not be able to get away with this continued abuse. My children and I have lived in this home for over 15 years, we love and need this home and wish for nothing more than to keep it after all we have been through. Please help us.

Company response to consumer: Closed with explanation