Consumer complaint received 2020-04-14
Company: Fay Servicing, LLC
State: CA
Product: Mortgage
Sub-product: Reverse mortgage
Issue: Trouble during payment process

Complaint:
I am the administrator of the Estate. Fay Servicing was informed in XX/XX/2020 that there would be a probate and request to do a short sale and I provided them with all necessary documents prior to receiving letters of administration, so they could prepare the file. They confirmed receipt of the documents and told me when I received letters of administration they could further discuss the account. I provided letters of administration immediately upon receipt, XX/XX/XXXX. It was an uphill battle from this point forward. 

I have been in communication with Fay Servicing since XX/XX/2020. XX/XX/2020 is the first day that I was informed to work with XXXX XXXX directly to handle the foreclosure/short sale process. As you can see by the below timeline of events, I have been in consistent communication with Fay Servicing and have continuously been provided bad information and/or no follow up at all. 

Upon Fay Servicing receiving the certified letters I should have been informed to contact XXXX XXXX directly. There really is no reason that should not have happened. 

Timeline of Events : XX/XX/2020 - Informed Fay Servicing that the owner is deceased and a short sale would be necessary. Provided the application dated XXXX XX/XX/XXXX, Obituary and Code Violations against the property. ( sent to XXXX ) XX/XX/2020 - Followed up via email to XXXX to requesting a NOD be extended and an appraisal be completed and the file be reviewed for a short sale. 

XX/XX/2020 - Emailed XXXX ; email sent on XX/XX/2020. 

XX/XX/2020 - emailed XXXX Certified Letters of Administration. 

XX/XX/2020 - Spoke with several representatives ; XXXX XXXX was confused as to why the applications department was requesting certain documents, she did not tell me what those documents were. She reached out to her manager and I was supposed to receive a follow up. Did not receive a response from anyone. Called and spoke with XXXX and XXXX. XXXX stated that the XXXX was working on the file and had not received a follow up from management. 

XX/XX/2020 - I was also informed that I needed to send in a request for payoff to XXXX which was completed and sent to that email address as well as XXXX and XXXX. Also requested NOS filing be extended, Short Sale Document Request be confirmed and time to list the property for sale. 

Additionally, received a call from Fay Servicing but XXXX had already confirmed that he received my request, so there was nothing to do at that time. 

XX/XX/2020 - Followed up by phone on the previous request. Was told it was not approved because it was not signed. Although my name and contact information was on the request, no one reached out. Resent the XX/XX/2020 request, signed. 

Additionally, another representative assisted me in creating an account on line and resubmitted all documentation previously provided via the email also added XXXX XXXX as a 3rd party representative, she is the Realtor Listing the property.

Representatives I spoke with the same day : XXXX XXXX ( got disco ) ; called back XXXX, said it would be 3 days to get payoff ; XXXX showed me how to create an account. 

The same day all the documents were put into the account the file package was closed. I received no follow up.I don't know exactly what that mean, but is sure doesn't seem right. 

XX/XX/2020 - XXXX XXXX communicated with XXXX XXXX, one of many account managers who provided untimely or no follow up. The communication consisted as follows : XXXX : Thank you for taking our call earlier. We need immediate assistance as we have been tossed around without getting to the appropriate department. XXXX XXXX, the administrator for this probate and myself have since the XXXX of XXXX been submitting documentation. Please see timeline submitted below. Please understand that your systems ( and possibly work crew ) are not allowing for the documents coming in to be recorded and filed into the appropriate systems. XXXX has submitted documents and then got kicked out of the system and then submitted again. This has been extremely frustrating. She was promised a call back from management although none was received. We have had multiple circumstances where when we call in we are not recognized even though the third party authorization was submitted. All documents were also uploaded to the online back office and can be seen there ( so when we are being told something isn't in the system and we see it's been uploaded, it's frustrating ). We were also told the trustee sale date would be removed. In fact, the notices continued. We are being told it's because not all docs are in but we need to know what documents are missing, if any. None that we are aware of are missing. The system is notating docs are needed that are not ( ie ; bank statements ). Please help us get this situation resolved asap. ( Please see documented timeline below ). 

We are now in a situation where we have the probate docs all submitted, the short sale docs all submitted, a ready and willing buyer and an unknown market situation. I am increasingly concerned the market will be changing and we could lose this buyer. 

Already done : Probate was initiated - all docs sent in Docs were declined/file declined - although all docs were in Probate docs re-initiated Short sale docs sent in Confirmation on Friday 44 pages sent in but could not confirm every item received Asked for a list of docs needed to review short sale - was told to go to website but could not locate on website which docs are needed for short sale - we sent in the purchase agreement, listing agreement, HUD 1, addendums, etc. You should have a complete package! 

No voice messages have been received from any party of Fay Servicing. 

NEEDED ASAP We need to reconfirm all short sale documentation are in BPO is already done Official probate appraisal ( @ {$360000.00} ) submitted with opening of file - see your back office Death certificate submitted - see your back office Probate docs submitted - see your back office Financial info submitted ( however the owner is dead and all documents like bank statements, which we are getting requests for, are still kicking back as needed ) trustee sale postponement was approved however still shows in the system ( trustee sale needs correcting asap ) Trustee sale date needs to be removed Review by the investor CONTACT WITHIN FAY SERVICING WHO CAN DIRECTLY COMMUNICATE ON OUR ACCOUNT EACH TIME WITH FOLLOWUP AND ACCOUNTABILITY ( someone who can see a full file and work with the investor directly ) Please help us get to the correct people to fix this by advising which documents are missing ( none should be ) and next steps. Trustee sale date needs to be removed. We need this file to get to the investor asap before the market changes. XXXX is experiencing a lot of layoffs already. I don't know how this would not affect the housing market! 

Please advise XX/XX/2020 - Communication with XXXX XXXX. ( Received no response ) XXXX, Thank you for taking my call. As I stated before, I am a bit confused as to why XXXX said she was not the point of contact for this file, which again is extremely frustrating, when you have just confirmed that is she is the contact. 

I am again requesting a postponement of the sale date, an appraisal be completed and information on any other steps necessary to proceed with a short sale. Again, the owner is deceased, so I am not sure why I am being told to provide bank statements and pay stubs. More than one representative has confirmed that these items are not necessary due to the fact that the owner is deceased. 

I'm not sure who received documents at the fax that we were provided for XXXX because she said today that she does not have a fax but a full packet was received according to XXXX XXXX and I have the confirmation that the documents were sent last Friday as well. 

The property is in contract and we need time to close. This can not be completed in 2 weeks ; when no information as to a short sale has been provided. 

Attached are all the documents previously provided. Cc 'd is the real estate agent handling the transaction. 

XX/XX/2020 - to XXXX XXXX ( received no response ) Does our foreclosure fall under this moratorium? 

HUD later announced its official policy, stating that the Federal Housing Administration is enacting an immediate foreclosure and eviction moratorium for single family homeowners with FHA-insured mortgages for the next 60 days. 

And please confirm receipt of this email and the 2 prior emails. 

XX/XX/2020 - Communication with XXXX XXXX and Fay Servicing XXXX and XXXX, I'm not sure what the below means. I have not received an update from anyone at Fay Servicing or XXXX XXXX. 

Here is the latest screenshot. Request for Assistance was Approved yesterday XXXX. Request for Assistance Closed Today XXXX. I don't know what this means. I have not herd from anyone. 

Has the Cease and Desist been removed from the account? 
Has the short sale been approved? Has the sale been extended or removed? 

XX/XX/2020 - Communication with XXXX XXXX and Fay Servicing XXXX and XXXX, Today at XXXX I spoke with a Fay Servicing representative today by the name of XXXX XXXX who stated to me, '' Why does it matter if we foreclosure or a short sale is done ; the owner is deceased. '' After I got over being shocked, I stated that a buyer is in contract and we would like to proceed in closing but can not because Fay Serving and it's affiliates has chosen not to respond to any communications made by my Realtor or myself. XXXX informed me that a Ceased and Desist was on the file, which I am very well aware of and have requested on XX/XX/XXXX, when I was originally informed about it and XXXX XXXX said she would her manager reach out to me ; that did not happen and the last request to sent in on XX/XX/XXXX ; receipt was confirmed by XXXX XXXX on Wednesday, XX/XX/XXXX, who stated it should have been removed already but is unsure why it had not been. I asked XXXX to double check the file to confirm receipt and reach out to a manager while I was on the phone to have this updated. He chose not to research the file, made the same statement and hung up. 

None of the managers that I have left messages with or have been looped into the this file have responded to the status of the short sale approval nor the status of the extension of the short sale that I have requested on at least 4 occasions. 

I have looped in my attorney as well and I hope that we can get this moving forward as soon as possible. 

XX/XX/2020 - Communication XXXX XXXX I received a call from Mr. XXXX stating he was now the point of contact as well as XXXX XXXX. I provided him with all the details from prior communications. I told him the request for the Cease and Desist was submitted but was never removed from the account, he said he would call/email me and my agent regardless of it being there or not. He told me I was harassing them. I informed him again of all the issues I had previously and stated, it's not harassment when I am told I would receive communications and receive no response. I was following up. 

He informed me the sale had been postponed. Moments after I got off the phone I received an email with the sale date of XXXX ; the original sale date. I forwarded this email to him and requested the new postponed date. None was provided. No response was provided. I was able to find the updated sale date on property radar, which I subscribe. 

He requested an increased offer of over 400k. Our current offer was at XXXX. We informed him, no offer came in that high due to 2 deaths on the property ( natural and suicide ), XXXX in code violations and property conditions. 

The following week my attorney reached out stating, the buyer is essentially paying upward of XXXX for the property including the code violations. The email bounced back. His phone number was no longer working. We sent the same email to various associates we've communicated with in the past including XXXX and XXXX XXXX. As of XXXX no response. An updated offer was submitted at XXXX to XXXX XXXX and XXXX XXXX on XX/XX/XXXX. 

There are so many more communications but this is already too long. Additionally, we are in California where we have a Stay In Place Order, gathering are not allowed. How would a fair sale be  conducted?

Company response to consumer: Closed with explanation