Consumer complaint received 2021-06-28
Company: Fay Servicing, LLC
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
My escrow changed which caused the increase in monthly payment. I lost my job in XXXX due to the pandemic, was out of work for 10 months, and just started working in XXXX. I have been trying to catch up on debt as well as catch up on the mortgage account. Fay Servicing was accepting my previous monthly payment amount each month even though the payments were short {$150.00}. Every month the payment would be split between 2 months, paying the remainder balance of previous month and crediting the current month. This continued until XX/XX/XXXX where my XXXX payment was held in a escrow account and not applied to XXXX and XXXX balances. 

Fay Servicing accepted my XXXX and XXXX payments but never informed me that they would not accept or apply the funds to my account. Each of my statements from Fay Servicing state " Partial Payments are not applied to your mortgage, but instead are held in a sperate unapplied account. If you pay the balance of a partial payment, the unapplied funds will then be added to your mortgage. '' I was never notified that Fay Servicing would refuse partial payments, my payment would not be credited/applied, or that they would not accept partial payments. Like I said Fay Servicing was accepting the short payments prior to XX/XX/XXXX. 

Fay Servicing waited until the end of XXXX to serve me with a 45 day letter. Then when I contacted them I either couldnt get through, got hung up on, or no returned communication ( phone or email ). I was ready to make a {$1000.00} payment on XX/XX/XXXX but Fay servicing just returned my XXXX Bank check stating my property is in the foreclosure status and they can not accept any payments unless it is the full balance. Fay Servicing would have had {$3300.00} applied to the account with all the payments since XXXX. I do not even know where the XXXX payment has went because Fay servicing has not applied it to my account but I have documentation proving it was sent. 

Attached you will find my documentation and supporting evidence that my account was only delinquent 30 days with a {$630.00} balance if my payments were applied accordingly. I was never giving the appropriate time to rectify this situation and now Fay servicing wants roughly {$2500.00} in XXXX XXXX fees which I need to pay with the past due balance to remove my loan from foreclosure. This is a scam, rip off, and they are taking advantage of the situation. 

Please help me rectify this situation. I do not want to file bankruptcy and reaffirm my home ( which would be cheaper than {$6000.00} ) but if I have to and have no choice I will. 

Payment History : XXXX Payment - paid remainder of XXXX XXXX {$92.00} ) and left XXXX with a {$270.00} balance XXXX Payment - paid remainder of XXXX XXXX {$270.00} ) and left XXXX with a {$450.00} balance XXXX Payment - paid remainder of XXXX XXXX {$450.00} ) and left XXXX with a {$630.00} balance Currently owe = {$630.00} which is only for the end of XXXX and {$1500.00} to become current in XXXX. 

Like I mentioned I was willing to pay {$1000.00} on XX/XX/XXXX but wasnt given that opportunity. That would have brought the balance to {$580.00} by the end of XXXX.

Company response to consumer: Closed with explanation