Consumer complaint received 2021-09-16
Company: Fay Servicing, LLC
State: TX
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
Fay Servicing sold my property XX/XX/XXXX inspite of the ownership/title. On XX/XX/XXXX the reported 120days delinquent on my credit report. The Browwer 's shows XXXX XXXX and XXXX XXXX. Property was purchased in my XXXX XXXX and Loan has always been in my name. Below is the summary SUMMARY / HISTORY I purchased two lots ( lots # 7 and 8 ) in XXXX XXXX in XXXX. In XXXX, I built a house on lot # 8 ( physical address XXXX XXXX XXXX, XXXX XXXX, TX XXXX ). In XXXX, XXXX Ike did significant damage to my home and I was forced to move to XXXX. My insurance company ( XXXX XXXX XXXX ) was not responsive and I felt they significantly undervalued the damage from the hurricane so I hired a lawyer ( XXXX XXXX XXXX ). 
XXXX XXXX recommended XXXX XXXX XXXX of XXXX XXXX XXXX XXXX, XXXX ( XXXX ) to help me get a fair settlement from XXXX XXXX. XXXX XXXX and I met with a XXXX representative in XXXX and executed a contract. XXXX 's representatives and their roles kept changing. Many were trainees. There was always a delay. For eight months XXXX made no progress with XXXX XXXX ( XXXX ). I was still paying my mortgage while the property was exposed and the condition was deteriorating. Under the advisement of XXXX XXXX, I fired XXXX and filed a claim against XXXX in the XXXX XXXX XXXX in XX/XX/XXXX. XXXX settled and I began to restore my XXXX XXXX home while still residing in XXXX. 
In XX/XX/XXXX, I received a petition that I was being sued by XXXX for breach of contract. He submitted an invoice for {$11000.00} for expenses incurred. Still under the advisement of XXXX XXXX, I submitted to the court a general denial. At the XX/XX/XXXX court date, I requested a Motion of Stay but the judge issued a final summary judgement favoring XXXX. 
I was becoming concerned about XXXX and made several attempts to settle, including offers ranging between {$20.00} to XXXX, well beyond the price range of the court-ordered judgement. XXXX rejected all of them. In XXXX, I was served a Notice of Sale from the XXXX XXXX Sheriff that he was going to foreclose on my XXXX home. I hired a new lawyer ( I stopped working with XXXX XXXX, who has since been disbarred ) that helped me establish the property as my homestead, which made it inaccessible to XXXX. 
In XXXX XXXX, my lawyer advised me to file for bankruptcy to stop XXXX from targeting other assets. I was not successful. Soon after attempting to file for bankruptcy, XXXX served me with a notice that he was submitting a Writ of Execution on my XXXX property. He was holding a public auction on the property, which he could do since it was no longer listed as my homestead. 
In XXXX XXXX, XXXX put both lots # 7 and 8 up for foreclosure. He did this by applying a Notice For Sale Under Foreclosure through the local Sheriffs Department. I was notified by the Sheriff about the sale and filed for a temporary restraining order to prevent it but was denied by the judge. Because I was the legal owner, I assumed the sale was related to a lien and not a transfer of title. Online records from XXXX XXXX indicated I was the owner and up to date on the taxes. I continued to pay my mortgage, work on the house, and was using it as a second home. 
In XXXX, I made plans to rent the property and, upon checking the records, discovered that XXXX was listed as the property owner on the county tax records ( under a Sheriffs Deed ) even though I was listed as the owner on the XXXX XXXX note. He had purchased lots # 7 and 8 in foreclosure for {$1000.00} in XXXX XXXX ( deed reads Sheriff Sale Execution ) but the properties had officially been transferred to him in XX/XX/XXXX according to XXXX County. According to tax records the property legally became his nine months before he actually conducted the public sale of the properties, which he then purchased in foreclosure. I began notifying all entities associated with the escrow about the illegal change in ownership. XXXX did not properly serve all of the parties involved as XXXX XXXX heard of the foreclosure from me after the fact. 
In XXXX XXXX, I was advised by a XXXX XXXX legal representative that XXXX was listed as the owner but I still had the legal responsibility for the promissory note. Because I was not listed as the legal owner on the property tax record, I was not able to shop around for insurance, refinance, protest property taxes I could not do anything with the properties. I had to deal with forced insurance policies and the mortgage was significantly higher creating a financial hardship. 
During all of this, my mortgage was transferred from XXXX XXXX ( original lien holder ) to XXXX XXXX XXXX ( XX/XX/XXXX ) and eventually to Fay Servicing ( ~XXXX. XXXX ). 
I have statements that show I paid my mortgage consistently and fully throughout the life of the loan up until the re-classification of the ownership, which caused the mortgage payments to increase considerably. After several years of paying two mortgages, legal bills and trying to restore my damaged home, my savings were being depleted and I was late on several payments. In an attempt to keep my property out of foreclosure and a good faith effort to work with XXXX XXXX XXXX, I paid a lump sum of {$22000.00} in XX/XX/XXXX to reinstate the loan. I had hoped XXXX XXXX XXXX could help me retain full ownership but, as it turned out, the lump sum was the final payment because I decided I was not going to make any more payments until I was in full legal possession of the property. For the following two years, I reached out to various legal and property experts looking for advice to help me rectify the situation. 
In XXXX XXXX, I filed a lien against XXXX in XXXX to salvage the mortgage payments I had been paying, including the time he was named as the owner on the tax record. Immediately thereafter I received notification from the law firm representing Fay Servicing that they were moving forward with the foreclosure of my home/lot, which they did in XX/XX/XXXX. 
As of this writing ( XX/XX/XXXX ), the locks have been changed and all contents have been thrown out of the home. Both lots list the owners as XXXX XXXX or XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, IL XXXX. 
My personal research shows XXXX has targeted other homeowners and their properties ; he was practicing in violation of a permanent injunction ; operating under an assumed name that was in violation of the Texas Department of Insurance code ; subjected to disciplinary action from the Texas Department of Insurance ; and using an address at a location he had not resided for years. 
On XX/XX/XXXX, I received a notification from XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, that XXXX and his attorney XXXX XXXX have issued a Notice of Sale for more assets. No details were provided, including the date of sale or the asset in question. 
On XX/XX/XXXX, Fay Servicing listed the home for sale. The legal description only shows lot 8

Company response to consumer: Closed with explanation