Consumer complaint received 2022-02-28
Company: Fay Servicing, LLC
State: CT
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
The issue began when I refinanced in XX/XX/XXXX with XXXX XXXX XXXX XXXX XXXX first on the XXXX and they lost the mortgage document and I re-executed again on the XXXX of XXXX. 
In XXXX XXXX I received a letter from XXXX XXXX XXXX XXXX XXXX XXXX stating the mortgage was again lost and XXXX XXXX were the owner servicer XXXX  should XXXX not re-execute they would go to the court to have the mortgage judicially validated at my expense. I did re-execute for the XXXX time and remained current at all times. I filed a Chapter XXXX bankruptcy in XX/XX/XXXX my mortgage was current and not the reason for the petition filing declaring a current mortgage invoice to the Attorney. In XXXX of XXXX the bankruptcy Attorney contacted me stating he needed to amend the petition to include the unsecured mortgage and I stated I signed a promissory note, and the mortgage can not be discharged at which time he stated there was not a security instrument/lien attached to the property and he would lose his license since I have assets. 
I informed him I owe the bank and I am current, and I need to keep my home, and he told me I had to pay the trustee not the mortgage, because there was no recorded mortgage on the property which created the asset. I continued to pay the mortgage until I received a call from the Attorney asking why I had not paid the Trustee and I told him I paid my mortgage. The bankruptcy Attorney told me you do not owe the mortgage you must pay the Trustee. Although the XXXX mortgage was not recorded, I continued paying the XXXX mortgage in full. The original lender was paid through XX/XX/XXXX yet the foreclosing servicer and their Attorney state 2 different dates of default both are incorrect in addition their submitted affidavits are written with unclean hands to steal my home, since they do not have an actual accounting of what is due or which mortgage they are collecting ( one, two or three ) their motion for summary of judgement was written with malice and forethought and I can prove the court was deceived ruling in their favor. First and foremost, they stripped the equity from the home, and they did not present the actual bankruptcy petition and the amount they claimed in default also was not an actual accounting. The mortgage was lost 3 times and they told the court none of that or which mortgage they were attempting to collect. It should not take 13 years to record a mortgage and it should not take almost 5 years or more to foreclose if you have true ownership to foreclose. I am a XXXX XXXX citizen who has lived in this home for over 23 years and it's nonsensical to pay to buy a home and pay to lose their home because of predatory lenders errors. I offered to pay them going forward if they were entitled to the money and they refused even though they buried me in debt before they started the action to foreclose, and I know it's because they did not know who owned the mortgage in addition to that they do not have an original mortgage.

Company response to consumer: Closed with explanation