Consumer complaint received 2017-05-12
Company: Fay Servicing, LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Around  XXXX   XXXX , received notice th at my mortgage had been transferred to Fay Servicing. The package included contact information for a single POC. I called on three occasions and left a message. Ne ver heard back.   On  XXXX   XXXX , my husband received a secondary notice of foreclosure. He is not listed on the mortgage at all, but on the deed. I personally, as the sole mortgage holder, never received a demand for payment or notice of the foreclosure. The notice stated the home would be sold on  XXXX   XXXX . This is less than 30 days-notice and not enough time to advertise for  4 consecutive weeks in the local paper, which is a weekly publications. ( We also  checked the week of the sale and it was not listed. So, the notice was run a maximum of twice ).   I contacted  XXXX , my POC a t Fay o n  XXXX   XXXX  via email. I explained the situation and asked for a letter of hardship for my  XXXX  in order to begin obtaining the funds to bring the account current.   On  XXXX   XXXX ,  XXXX  responded back to my email and sent the Borrowers Assistance Package for me to complete. At the time of receiving this or any notice of foreclosure, I was already under the 37 day requirements for the loan modification. I was told that would be okay, to just submit everything as soon as possible and that  Fay Servicing w ould still work with me on the modification.   On  XXXX   XXXX , I email  XXXX  again and explained that I was getting all the information together for the modification. I once again requested the letter for my  XXXX . She responded that the letter had been requested from another department at  Fay Servicing .   On  XXXX   XXXX , I emailed  XXXX  again asking for an update on providing a letter for my  XXXX  On  XXXX   XXXX , all documents for the loan modification were sent to  XXXX  at  Fay  Servicing On  XXXX   XXXX , I emailed  XXXX  requesting an update on the review of the modification and the documents sent. I once again requested a letter for my  XXXX .  XXXX  called and said they had everything needed, except that I had left the line blank to indicate the number of people living in the household. She stated I didnt need to send in the page again, to just email the number. This was sent on that same date.  XXXX  called again later that day and said I did actually need to send in the page again with the number of people filled out. I did that immediately.   On  XXXX   XXXX , I emailed  XXXX  again for an update. I explained that as we were a week away from losing our home, a response was urgent. I asked once again for a letter for my  XXXX  and explained because they had yet to send it, almost  3  weeks after the original request, that the funds wouldnt have time to clear my account before the sale date.   On  XXXX   XXXX ,  XXXX  called and stated that I needed to provide more complete bank statements. I went directly to my bank and obtained them and sent them in. She also stated some additional information was needed such as leaving line  XXXX  blank on the  XXXX . Everything requested was sent in and I once again requested a letter for my  XXXX  On  XXXX   XXXX , I finally received the letter for my  XXXX  withdraw and submitted it to  XXXX , the  XXXX  management company immediately. I called  XXXX  and explained that as it was Thursda y (   XXXX   XXXX  ) the funds would never have time to clear my account and allow me to pay it before  XXXX  am on Monday  XXXX   XXXX   XXXX , the sale date ). I asked  XXXX  for an update on the modification and was told it was still under review. I was told once again that  she (  XXXX  ) wa s fighting hard to get the modification approved and the foreclosure stopped and that we still had time. Later that afternoon,  XXXX  called and asked if I could provide a letter from my  XXXX  company stating the funds would be released. I called  XXXX  and they walked me through getting screen shots showing the funds were in clearing and would be in my account within  3 to 4  business days. This would mean Wednesday,  XXXX   XXXX . I sent the screen shots to  XXXX  on Thursda y (   XXXX   XXXX  ) evening. She called and told me she was sending that to her supervisor to approve an extension for payment if the modification wasnt approved.   On Friday afternoon,  XXXX   XXXX ,  XXXX  called and stated that the funds from my  XXXX  wouldnt be enough to bring the account current. ( I was originally told by  XXXX  that the amount due was close to {$15000.00}. I didnt actually know that full amount was {$17000.00} until I received the letter on  XXXX   XXXX  ). I explained that I did have the remaining balance due in the bank and in cash ( from the sale of a car ). She said I had to provide a copy of my bank account showing that balance. I explained that given the hour, I wouldnt have time to go home, get the cash, deposit it and provide that. I asked her simply for an extension of a few days to allow the  XXXX  funds to clear my account and get the payment to their most local office, which is actually a  XXXX  to  XXXX   hour drive  for me. I explained that this would all be a non-issue had I received the  XXXX  letter timely, as I had asked for it multiple times over a  three wee k period. I never heard anything back from  XXXX  about an extension of a few days or if the modification was approved or denied or why. In fact, I never heard anything back from her at all after she said I needed to provide a bank statement showing the balance.   On Monday,  XXXX   XXXX  ( the sale date ) we arrived at  XXXX   County Court H ouse to file an appeal of the foreclosure. We were told we could not do this ourselves because it had to be filed by a lawyer. Our home was sold on  XXXX   XXXX  at  XXXX   XXXX . The purchaser was  Fay Servicing.        Given the circumstances, I feel I was subject to dual tracking.  XXXX , my single POC a t Fay Servicing repea tedly told me not to worry as she was pushing to have the loan modification approved. She stated that it didnt even have to be approved to stop the foreclosure. I was told that as long as I submitted everything for the modification, it would stop the foreclosure until it could be reviewed and all options discussed. This was not done. I provided everything requested and never actually heard anything about the modification : whether it was approved or denied and if denied, why. The entire time  XXXX  claimed to be working with me , Fay Servicing was  pushing towards the foreclosure and eventually bought our home. From the first contact with  XXXX , I requested a letter to obtain funds from my  XXXX  in case the modification was denied, I would still be able to bring the account current and keep our home. This was not provided until time had run out. I also did explain to  XXXX  that I didnt have the full amount in my  XXXX , but had the rest in cash and in the bank. She never indicated that would be an issue. I, as the sole mortgage holder, was never even given notice of the intent to foreclose. I know only because my husband is listed on the deed and he received notification. I also f eel Fay Servicing did  not comply with laws in the state of Virginia on the advertisement of the property in the local paper.

Company response to consumer: Closed with explanation