Consumer complaint received 2018-02-09
Company: Fay Servicing, LLC
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am filing a complaint to notify the XXXX that Fay Servicing is guilty of a Dual Tracking Violation in relation to my Loss Mitigation Application. After having submitted a completed Loss Mitigation Application and an Authorization to Release Information on XX/XX/XXXX, I received a letter from Fay Servicing dated XX/XX/XXXX acknowledging their receipt of my request to participate in the Deed-In-Lieu of Foreclosure Program. XXXX XXXX, my account XXXX, never once instructed me that I would need to have an interior home inspection as a part of this process. Nevertheless, after having a realtor call me to set up an inspection and being unable to reach XXXX XXXX by phone for over a week, I facilitated an interior XXXX   XXXX, which was completed on XX/XX/XXXX. A copy of that completed appraisal was then mailed to me by Fay Servicing. I subsequently assisted XXXX XXXX in assuring that the title to my home was clear by contacting a local attorney and my XXXX and emailing the requested information to XXXX XXXX. At this point XXXX XXXX assured me that I had provided everything I needed to provide and that the deed-in-lieu application was on track and in process. To my surprise, I then received a letter from XXXX, a Florida law firm, dated XX/XX/XXXX, stating that they had been employed by Fay Servicing to start foreclosure proceedings and that the foreclosure sale of my home was scheduled to be conducted on XX/XX/XXXX. When I called XXXX XXXX to ask him about this, I was unable to reach him, again for approximately XXXX week. When I was finally able to contact him on XX/XX/XXXX, he stated that the deed-in-lieu application was still being processed and that it had been submitted to " the investor '' for final approval. He then told me that I needed to send him an email stating that I would vacate my property before the date of the scheduled foreclosure sale, or the foreclosure would occur on XX/XX/XXXX regardless of where we were in the loss mitigation process. I complained that I had never been told by him that part of the deed-in-lieu application process was the requirement for me to make plans to immediately vacate my property. He said that yes, that was what I needed to do, so I sent the email he requested to him under duress. 
In a panic, I began researching your website and it became abundantly clear that Fay Servicing was guilty of a Dual Tracking violation, a practice that is specifically restricted under XXXX   rules. Fay Servicing moved forward with foreclosure while simultaneously working with me to avoid foreclosure. They started a foreclosure proceeding after I had already submitted a complete application for an alternative to foreclosure, and when that application was/is still pending review. Once again, Fay Servicing has " violated the XXXX servicing rules by ... illegally launch [ ing ] or mov [ ing ] forward with the foreclosure process while borrowers were actively seeking help to save their homes, the same violation for which they were issued a Consent Order and fined {$XXXX} XXXX as recently as XXXX of XXXX.

Company response to consumer: Closed with explanation