Consumer complaint received 2018-09-05
Company: Fay Servicing, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Company Name : Fay Servicing Company Address XXXX XXXX XXXX XXXX XXXX, IL XXXX I am writing this complaint against Fay Servicing, for failure to operate in good faith and for attempting to actively take my home from me. I first started being in constant contact with Fay Servicing in XX/XX/XXXX when I was going through my divorce and required a forbearance agreement. They provided me with a reduced payment of {$1500.00} USD. I had been through some significant changes to my health due to the stress of my XXXX  ex-husband and ended up eventually losing my job. During the entire time, I was in contact with my account manager, XXXX XXXX. We had conversations about me applying to Keep Your Home California, Californias hardest hit funds program. I applied and continued to stay in constant contact with Fay Servicing and Ms. XXXX. She kept reassuring me that she knows that I am operating in good faith by keeping in contact with them and keeping them updated on my situation. Upon my application to KYHC, Ms. XXXX   advised me that through her extensive experience with the KYHC program, that the program funds a large lump sum payment and that I didnt have to worry about making my payment, since my forbearance agreement had now expired. She expressed to me that once the lump sum was received that it would apply to my account and bring everything current, making up for the deficiencies in my forbearance agreement. Every time I spoke with her, over a 4 month period, Ms. XXXX assured me that I was not required to make a payment to Fay Servicing and that they know that I am working with KYHC and everything should be fine. Over that period of time, due to Fay Servicings advisement I missed approximately 4 payments at {$2300.00} each.

I was accepted into the KYHC program as of XX/XX/XXXX and my payments started funding through to Fay Servicing. I remained in contact at least monthly at this point with Fay Servicing. Ms. XXXX let me know that they had not received the lump sum payment she told me they were supposed to receive. Fay told me to talk to KYHC about it. KYHC let me know that they would only be paying monthly installments for the program I had been accepted into and that the information I was provided by Fay was false. I addressed this with my account manager and she just said that, it wasnt her experience in the past and that I shouldnt worry about it because I am now making regular payments. Upset by what I had been told about not needing to pay, I escalated the call to her supervisor and requested what was told to me in writing, which I never received. I asked that their quality assurance recorded conversations be accessed for reference and I was told that, that is not what those calls are for.

During my time on the program, I continued to be in constant contact with Fay asking multiple times if we can run scenarios for when I am again employed, of how to transition back into my payments. Fay refused to talk to me about that, saying that without any confirmed info, that would all be up in the air. During this time, I focused on raising my XXXX XXXX XXXX  children, completing my divorce, finding a job. Though my home possesses over $ 100K in equity, I was unable to refinance due to lack of employment and my ex-husband damaging my credit so severely before our separation. InXX/XX/XXXX, I was finally able to secure employment and let both Fay and KYHC know as part of my program requirements. At this time I asked my account manager again if there was any way that I can get my account into good standing, since I was misled by them. I still received no answers, and found that now it was becoming increasingly difficult for me to get a hold of my account manager. KYHC provided me with an additional 3 months of grace period payments with my final payment scheduled to post on XX/XX/XXXX. On that same day I reapplied to KYHC for acceptance into an additional program to help me save my home, my application is currently still pending and the program has stated during my requests for updates that it has been increasingly difficult for them to reach Fay Servicing as well.

I received a letter of default and acceleration on XX/XX/XXXX that was datedXX/XX/XXXX which was 22 days prior to my final payment with KYHC posting. I enlisted the assistance of a family friend who knows mortgages and I requested a loan modification packet from FAY. They requested all of my financials, My XXXX  ( which I didnt have yet ), a completed XXXX which they provided, 3 months bank statements, copy of my divorce decree, My tax returns and 3 paycheck stubs, an account of all my expenses and a letter of explanation that included a request for a HAMP modification. They sent a letter to me saying that they hadnt received all they had requested, stating that the XXXX was the incorrect form, even though THEY SENT ME THE FORM. It was a clearly a stalling tactic. The correct document was provided to them for them to consider the completed packet. With all this information, Fay returned to me a letter onXX/XX/XXXX datedXX/XX/XXXXas a response to the packet of financials I sent them that said that they were offering me a Trial Period Plan under their Modification Program and that my first Trial Period Plan payment was scheduled forXX/XX/XXXX. The subsequent dates for this program wereXX/XX/XXXX, and XX/XX/XXXX which was impossible, being that it was 218 years ago. Additionally, the initial payment they offered me was {$9000.00}, even after careful review of the information I provided them they still deemed this payment affordable. They never responded to the request for the HAMP Modification and what they presented was in no way affordable as at the time I had received the letter I had just barely made approximately {$12.00}, 000 through my employment, and after being unemployed for over a year and a half.

On XX/XX/XXXX I called Fay and requested a new letter with viable dates. I was pressured during that call to make a decision based on the faulty letter I was provided. I declined stating that it was impossible for me to agree to something that had no valid dates. I also requested a copy of my most recent statement. I received an updated letter with corrected dates. I submitted a letter of appeal to Fay stating that I provided all my financials and that they were aware of how much money I currently made and had made since being employed, I also stated that they were aware of me having XXXX  small children both with XXXX XXXX, they are aware of me just getting back on my feet and that I had approximately {$2000.00} for a payment. I received a Letter of Denial for my appeal on XX/XX/XXXX datedXX/XX/XXXX, with a statement saying that the immediate offer stands and there are no more appeals.

On XX/XX/XXXX, I called Fay Servicing to make a payment in the amount of {$2300.00}, my regular payment. They refused my payment and said that they would only accept the {$9000.00} payment. I spoke to a XXXX XXXX  that day.

This company and its representatives lied to me to gain access to my home. They have not acted in good faith and are very aware of the equity in my home and have preyed on my misfortune to make a grab for my home. I have asked for other modification options but none been provided to me in good faith. Nothing they have done has been in good faith. I have turned my situation around and have worked with them even prior to my hardest hit program in good faith, showing them that I have an interest in my home and doing whatever they told me to try to save my home. I am asking that you assist me with finding a viable resolution to this situation, such as a HAMP Modification, delinquency reabsorption and loan extension or any other modification in good faith that I can afford and to not allow them to steal from hard working people who are just trying to do the right thing.

Company response to consumer: Closed with explanation