Consumer complaint received 2019-04-04
Company: Fay Servicing, LLC
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
My issue is with the CFPB. and the DBO. I talked with Federal Reserve Consumer they state, " Please be advised that the entity you are inquiring about is subject to supervisory oversight by the Consumer Financial Protection Bureau ( CFPB ) for certain consumer protection laws and regulations '' I also contacted Department of Consumer Affairs ( DCA ). Who stated, " Unfortunately, this is an issue that falls outside of DCAs regulatory authority. 
DCAs jurisdiction is limited to matters. 
Although the information you provided indicates that this is an issue that falls outside of the DCA 's  regulatory authority, we would like to offer alternative options and information for possible resolution of your complaint. 
We recommend you contact the Department of Business Oversight ( DBO ) which protects consumers and oversees financial service providers and products '' I also contacted the California Monitor, which replied " Program was created in XX/XX/XXXX to review bank compliance with the XXXX XXXX   Settlement. In the Settlement, five large banks promised to help homeowners and change their practices. In its two and a half years, the California Monitor Program has received and responded to over XXXX complaints from homeowners. Each complaint was put into a specially designed database to help families and enforce the laws. 
The California Monitor Program is now closed and will not be accepting any new complaints as of XX/XX/XXXX. Any complaints sent to the California Monitor Program will be forwarded to the Public Inquiry Unit at the California Attorney Generals Office. '' Even to XXXX XXXX XXXX Who said the main federal agency that is supposed to enforce these rules is the Consumer Financial Protection Bureau. 
And finally the XXXX.all advise me to contact the CFPB & DBO with my complaint, which I did and what YOU BOTH DID IS JUST FORWARD MY COMPLAINT, WHICH DID ABSOLUTELY NOTHING, WITCH ULTIMATELY HELPED IN LOOSING MY HOME. 

My original loan was through XXXX  XXXX XXXX in XXXX. I since have had 2 Servicing Companies handle my loan. 
My complaint is against Fay Servicing, as I believe they acted in : Unfair Deceptive, and Unlawful Loss Mitigation Processes, engaging in unfair or deceptive practices Failing to respond to inquiries. 
Failing to provide accurate and timely information needed in consideration of eligiblity for, loss mitigation services, including loan modifications. 
Providing false or misleading information while scheduling and conducting foreclosure sales during the loan application process. 
Providing false or misleading information, while proceeding with forclosure, during the loan modification application process ; where I was in good faith actively pursuing a loss mitigation alternative offered by Fay Servicing. 
Misrepresenting that loss mitigation programs would provide relief from the initiation of foreclosure or further foreclosure efforts. 

I believe my servicing manager XXXX XXXX along with FAY SERVICING violated the requirements for a single point of contact. During the final stages in the process of LOSS MITIGATION APPLICATION. He would not respond to any emails or phone calls, as I tried desperately to get an update of the COMPLETED LOSS MITIGATION FORMS. I also believe DUAL TRACKING was used in the process of my loss mitigation application. Whereas, I thought we were working together to stop the foreclosure of my home. 
Instead XXXX XXXX along with Fay Servicing kept me in the dark about critical information about the process of applying for foreclosure relief, as they continued ahead with foreclosure proceedings, after submission of a Loss Mitigation Application. 
Ultimately, I lost my home to a FORECLOSURE AUCTION SALE. 

*I emailed Loss Mitigation Application to servicer on XX/XX/XXXX **I received Acknowledgement of additional documents dated XX/XX/XXXX ( return due date of XX/XX/XXXX ) [ Additional document requested was home and hazard insurance. ] **On XX/XX/XXXX I purchased the home insurance they required. I sent the proof of insurance documents via email and fax. 

*I received Acknowledgement of completed application on XX/XX/XXXX. 

**I received denial of assistance letter on XX/XX/XXXX. 

I tried to contact servicer multiple times with no response. 
My home was auctioned and sold on XX/XX/XXXX. 

The amount of time from the completed loss mitigation application to the foreclosure sale date was 76 days. 

In the Aknowledgement of Complete Loss Mitigation Application dated XX/XX/XXXX, it states that application will be evaluated within 30 days. They held on to my application for one month and 25 days. 
I was in compliance of everything Fay servicing had asked of me requiring documents of loss mitigation applications and in the time frame that they requested. And I thought we were working together in finding a foreclosure prevention alternative. When infact Fay servicing continued to move forward with the foreclosure. Fay Servicing filed a " Notice of Sale '' recorded on XX/XX/XXXX signed by trustee on XX/XX/XXXX. I again called my account manager at Fay Servicing regarding the auction/sale of my home as I began seeing my home on websites. he told me not to believe those websites regarding auctions as they were not regularly updated and maintained. He reassured me that he would certainly send notice, a letter, or an email, if my home would ever be scheduled for auction. I took him on his word, but now I realize I was just being strung along. I asked him if he could keep me updated via email due to the my continued phone problems. Being the location of my home is in an area where my cell phone constantly loses signal and drops calls. 
As I was concerned about this process being the final steps of the evaluation. XXXX XXXX emailed me on XX/XX/XXXX with a request to reply to his email with necessary identification information, which he listed. I sent the information immediately, and he responded immediately, confirming confirmation and he stated in the following email, " going forward communication would be via email.. Yet there no emails? I checked my email everyday, sometimes more than 3 times a day, waiting to hear from XXXX XXXX or anybody from Fay Servicing, but nothing. In fact there was no more communication from Fay Servicing or XXXX XXXX ever again, 55 days from the time that I submitted a completed loan application till the day Fay Servicing denied my application. 
Yet from the day they denied me help, from the day they sold my house was only 20 days! No time for appeal no time to fully understand what they just did to me, my family, my life. 
No time even pack up as I got an eviction notice 1 week later. 
This is so wrong. I seek justice. I want my home back with a chance of a fair loss mitagation process.

Company response to consumer: Closed with explanation