Consumer complaint received 2023-08-10
Company: Fairway Independent Mortgage Corporation
State: TX
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
Due to XXXX and my recent Divorce, been legally separated from SPOUSE, my household has been reduced from {$5200.00} in month to {$1600.00} for XXXX people, me and my XXXX children. XXXX XXXX has been obligated by the temporary court order to pay mortgage. Since he has been retired from the military on XX/XX/XXXX he has a difficult time to find a good paying job thanks to XXXX. Because of this loss of income on the XX/XX/XXXX we made a last mortgage payment, and at the same month me with XXXX XXXX ( spouse ), WE called Fairway Independent Mortgage Corporation and explained to them our XXXX FINANCIAL HARDSHIP life situation. And we also notified them that XXXX XXXX lives at a different address. One of the Representatives made a note about, but I guess that information was disappeared. Thats why XXXX XXXX NEVER, I REPEAT THAT AGAIN, NEVER received any mail from Fairway, Trustees and others.

We called Fairway first with out any missed payments.

Fairway offered to us a loan Modification package, when I asked a representative for more information about, lady said that - The total past due amount will go back to our loan, all late charges and other charges will be removed, the interest rate XXXX and monthly payment {$1400.00} will be same as is on this moment.. After that helpful information, we accepted and started working on the application. 
We received a package on XXXX XXXX, signed and uploaded to : XXXX. I also fax them a bunch of bank statements, and other documents through the XXXX, paid over a {$100.00} for that. They never said anything about those documents, if they ever got them or not. Those documents probably had been lost, like a bunch of others. 
Then they helped me to open account for easy and FASTER process. 
On XX/XX/XXXX I received email from Fairway Notice of default and intent to accelerate. I called costumer services immediately to ask what is going on. Representative can not give me a good explanation, because everything is looks good. 
On XX/XX/XXXX I uploaded a document to Fairway Servicing with a question about what is going on with my application. 
XX/XX/XXXX XXXX I got email from Costumer Support saying that they have forwarded my email to the Loss Mitigation Team which handling my account. 
XX/XX/XXXX I received email from Los MIT Support from XXXX no last name was added, that they need more information. At the same time, same day I uploaded more documents to my Loss Mitigation account they asked me. 
XX/XX/XXXX I uploaded XXXX more documents. 
XX/XX/XXXX XXXX more documents. 
XX/XX/XXXX I got email from Los MIT that they need us to correct and complete 4506c form. 
XX/XX/XXXX XXXX more documents. 
XX/XX/XXXX I received mail from Servicing that our Application is incomplete and they need more information to process our request. 
XX/XX/XXXX I emailed to Lossmitsupp XXXX more documents. 
XX/XX/XXXX I uploaded XXXX more documents. 
XX/XX/XXXX uploaded correct form XXXX. 
On XX/XX/XXXX uploaded more XXXX documents. 
XX/XX/XXXX email from servicing after they discovered that they may have sent me a Single Point of Contact Reassignment Letter in late XXXX or early XXXX of XXXX, which incorrectly stated at that time that they received a Loan Modification application from us. All documents that they asked me over and over, had been uploaded in to my account every single month, and all documents were uploaded under - my documents column. 
XXXX month I dont hear anything from them. I called them found out what is going on again, they said that they needed more documents, but they didnt contact with me. If I dont contact them they probably foreclosed our house long time ago. 
On XX/XX/XXXX I emailed, uploaded and called to loss mitigation support with explanation where they can find all documents that they needed. 
XX/XX/XXXX I uploaded more XXXX documents, XX/XX/XXXX got mail from them, some following items are still outstanding. Same day I uploaded XXXX more documents. 
XX/XX/XXXX received email from Fairway that they received our complete application. 
On XX/XX/XXXX I got a email from Loss mitigation support RE : Underwriters Notice of Incomplete Application For Loan Modification. They give us XXXX  days period if we do not provide the required information our application will remain incomplete, they may initiate and/or move forward with FORECLOSURE. I checked in my account, all documents that they keep asked is in there. 
I called Loss MIT support asked them to check my account in my documents, they did and they saw all documents in there, but according to their requirements, all bank statements must be no later than 90 days. Almost All bank statements dont even pass a XXXX  days, but they still wanted a fresh bank statements. Of corse the package was started in XXXX, and they HELD out the collection of documents until XXXX, of course they need a fresh bank statements. Whether they are missing documentation or if information is missing from the documents they are not able to complete the review. All XXXX  months are the same excuses. 
In that period I tried to make a mortgage payment, unable to pay online I called Fairway to make a payment for XXXX month, they did not accept the payment from me. Explanation was, that when a loan is under review they not allowed to take a payments. 
ON XX/XX/XXXX I uploaded XXXX more documents. And in the same day I received email from XXXX XXXX Loss Mitigation Team : OUR APPLICATION IS COMPLETE. 
XX/XX/XXXX got email from Fairway : CONGRATULATIONS, YOU HAVE BEEN APPROVED. We will need execute with XXXX  days of receipt, the documents in the presence of a notary and return to Fairway no later than XX/XX/XXXX. 
The terms of the agreement : Change our monthly payment from {$1400.00} to {$1700.00}. When in the beginning it was promised that interest rates and mortgage payments would remain as it was. 
However It is not my fault that I behind on the mortgage payments for 8 months, I could continue made a payments after XXXX  months, but Fairway wont accept my payments. I couldnt made a payment online because my account was temporarily suspended Before received a package from the mortgage corporation, On XX/XX/XXXX XXXX I called and asked Texas  Homeowner Assistance Fund if they could help me with the mortgage payments, representative provided me the office address in our city. With office representative XXXX XXXX we Submitted Case : # XXXX. Same day on XX/XX/XXXX we called Fairway to notify them that I opened the case # XXXX with THAF. 
I received package from XXXX by mail on XX/XX/XXXX. Where we are informed that we have XXXX  days to complete, notarized, signed and return no later than XX/XX/XXXX. In the span of XXXX  months they finally reviewed my case and approved it. 
LOSS MIT SUPPORT they know exactly what they doing, everything what has been done by them have a REASON. 
I worked so hard to complete case with THAF soon as possible. Fairway called me almost every week asking why I unable to make a payment, and I explained to every representative about my and my XXXX children life situation. Reminded them every time they called me about my THAF case. 
From the XX/XX/XXXX and before I has been called to HAF and Fairway, trying to find out whos doing what and where they are. HAF waited for Loan Servicer to respond, they take a time for responding. I called Fairway XX/XX/XXXX, XXXX. 
XX/XX/XXXX at XXXX XXXX  I spoke with XXXX XXXX / HUD Certified Housing Counselor Money Management International, she asked if I want her to call Fairway to see if they have anything available to help me keep the house. She called them with me been on the phone with her, then she asked representative if they have any availability for me to keep the house. The lady said that yes it is still have a time for me to apply for HARDSHIP PACKAGE. She sent me email with application and explanation at the same time. And she told me upload, download everything before XXXX. I did upload everything in hour. XX/XX/XXXX I received a text message bold, simple message : your application is denied. No name or phone number, nothing. 
Monday XX/XX/XXXX, and Tuesday XX/XX/XXXX I BEGGED them to hurry up with responding to XXXX, BEGGED them put FORECLOSURE on hold, anything, something that would help me save the house. No, nothing they even told me that they dont know anything about HAF.

Fairway put our house on the Market XX/XX/XXXX and the house had been sold. 

SUBSTITUTE TRUSTEES DEED STATE OF : Texas COUNTY OF : XXXX WHEREAS, pursuant to the authority granted in the Deed of Trust and accordance with the terms of the Notice, at XXXXXXXX XXXX, or within XXXX hours after such time, on Tuesday XX/XX/XXXX, the Substitute Trustee did offer the Property for sale at public venue at the county courthouse of XXXX County, Texas, in the area of said courthouse designed by the commissioners court of XXXX County, Texas, for sales of real property under a power of sale conferred by a Deed of Trust or other contract line, or, if no such designation had been made by said commissioners court, at the courthouse door of said courthouse ; and WHEREAS, at such sale XXXX XXXX ( Grantee ), BID for the Property the sum of {$230000.00} which was the highest and best BIDOFFERED for the Property, whereupon the Property was struck off and sold for such sum to Grantee inaccordance with the terms and provisions of the Deed of Trust and laws of the State of Texas. 
DATED : XXXX By : XXXX XXXX. 
STATE OF : Texas COUNTY OF : XXXX On XX/XX/XXXX before me, XXXX XXXX XXXX a Notary Public, personally appeared XXXX XXXX who proved to me on the basis of satisfactory evidence to be person whose name are subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 

P.S. XXXX XXXX BID for the property : XXXX in the XXXX County Courthouse Signed and Dated : XXXX XXXX County On XX/XX/XXXX THAF emailed me Current Case Summary they still waiting for Loan Servicer to respond to them. 
I called Fairway and spoke with Manager Customer Advocacy ; and Default Operations XXXX XXXX, tried to find a way how to save a roof for my children. She told me that if I could pay {$26000.00} before end of the day then I be able to save a house for my kids. I tried to find that much money in the few hours, but I couldnt. I called her back and asked if I still have a time then why they didnt contact with HAF. XXXX not remembering what her answer was. 
But on XX/XX/XXXX I called her again asked if I still have a small chance to keep a house for my kids, after she puts me on hold she told me that if I can make a payment of {$26.00}, XXXX at this moment then I could get a house back. I asked WHY she didnt tell me about yesterday, she couldnt answer. 
Now me and my XXXX children from HOMEOWNERS became a HOMELESS. Me and my son we living in the car, taking a shower on the lake, dont have a good meal for loooong time. Temporary XXXX of my girls live with my older daughter friend family. School is starting soon and I cant provide our mailing address. 
On XX/XX/XXXX I received email from Fairway : Free U.S. Government Homeowner Assistance Help. With explanation : What is Homeowner Assistance Fund ( HAF ) On XX/XX/XXXX I received email from THAF. XXXX XXXX Costumer Service Coordinator, because I asked THAF for help. 

Thank you for your inquiry to the Texas  Homeowner Assistance Fund program. I have reached out to leadership in regards to your case. It appears that your loan services informed us that you were over the program limit of {$65000.00}. My supervisor will be reaching out to your servicer today to make sure the amount quoted was accurate. 

On XX/XX/XXXX I received other email from THAF. 

I have called and emailed your servicer. Hopefully I will hear back soon. 

XXXX XXXX HAF Property Charges Senior Manager Texas Homeowner Assistance Fund ( HAF ) Program Texas  Department of Housing and Community Affairs ( TDHCA ) XXXX XXXX XXXX XXXX | XXXXXXXX XXXX XXXX XXXX  I HOPE THIS TIME I WONT FORGET ANYTHING ABOUT OUR EXPERIENCE WITH FAIRWAY INDEPENDENT MORTGAGE CORPORATION.

Company response to consumer: Closed with explanation