Consumer complaint received 2018-08-29
Company: Fay Servicing, LLC
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I became behind in XX/XX/XXXX when my husband started developing health issues. My husband, XXXX XXXX was the sole provider and breadwinner of our home. Back in the day I was employed, however, and due to my husbands illness, I was forced to quit my employment to take care of him. Our daughters helped financially as much as they could but was not enough to cover all our living expenses and mortgage payment. In XX/XX/XXXX XXXX passed away. By this time our mortgage payments and late fees had accumulated to a point that I couldnt catch up. 
Ever since my husband fell ill I have been trying to resolve my delinquency with my servicers/lenders. My loan went from XXXX XXXX XXXX, to XXXX XXXX XXXX to now Fay Servicing. After numerous attempts to communicate with the previous lenders I was told by Fay Servicing that my previous hardship application with XXXX was not honored. They told me that I needed to reapply with them to see if I qualify for assistance, which I did. After a good amount of phone calls to Fay Servicing requesting an application for a loan modification at the beginning of XX/XX/XXXX, they finally sent me one in the mail. This occurred at the end of XX/XX/XXXX. I completed the application and returned it to them immediately via fax to XXXX with all the supporting documentation they requested, which included one full month of pay stubs, 2 months of bank statements, income taxes, utility bill, even the death certificate of my husband with a hardship letter. 
After I sent all this information I did not hear anything from the lender for the longest time. I thought they were working on my application. To my surprise they werent. I received a notice of trustees sale saying that the lender was selling my property on XX/XX/XXXX. I called the lender XX/XX/XXXX to check the status of my application and to asked them about the sale date. A representative in customer service told me that they decided to put me on a trial plan with a payment that changed for the worse and unaffordable to me. However, I decided to give it a try. My first payment was in XX/XX/XXXX. Unfortunately, they payments were to high for me and couldnt afford it. I called the lender and told them that I could not make the payment because the new payment was twice as much as my previous one, or even more. 
Fay Servicing told me that I had to reapply to see if they could give me a lower payment. I dont have a computer at home. They say they were mailing a new packet to me, which I received XX/XX/XXXX. I completed the new application again and went to the public library to the email it to a XXXX or via fax, which number matches the same I used to send my packet inXX/XX/XXXX. 
On XX/XX/XXXX I called the lender and spoke with XXXX XXXX who said that they were not going to stop the sale date because my application arrived to him within the 37 days of the sale date knowing that they had told me to reapply. They lied to me. They shouldve told me they were not going to review my application. He also was aware that I had submitted a complete new application, which was on his desk at the time of our phone conversation. 
I was forced to file for an emergency bankruptcy, which postponed the sale date but later was dismissed. 
After I filed for Bankruptcy I called the lender to see if they were working on my loan modification. They said no. They told me I had to refile again due to the fact that I was in Bankruptcy. I file a new application ( this is third one in the process to save my home ). The lender stated that they had a complete packet on XX/XX/XXXX. To my surprise in XX/XX/XXXX I received another notice of trustees sale scheduled for XX/XX/XXXX ( which I know is considered dual tracking according to people I have talked to ). This happened while I was in review. When I called the lender, I spoke with the same person XXXX XXXX who said that the file was incomplete, when they clearly had told me in XX/XX/XXXX that they did not need anything in my file. According to the lender, my application was missing the hamp form, and hardship letter only. The lender did not ever make a effort to let me know about the documents or the possibility of a sale date. I had to file for bk again since the previous one had been dismissed, simply because I thought that the lender was working with me. 
Now as it appears I have exhausted all my options and depleted my savings, I feel that the lender has enriched itself illicitly by dragging along my modification application with late fees, attorneys cost, and by extending the my deficiency over all this time and making it extremely difficult acting with malice and prejudicial. They treated me as a widow, as an elder person that can not fend for herself. They know my hardship and my means. The trial plan set by them was set so I would fail and default in no time. As it appears the lender reviewed my original application under what they call NO DOC, LIMITED SUBMISSION, which leads me to believe that they didnt even take into account my limited income. 
I needed to know who is actually behind Fay Servicing. On XX/XX/XXXX, I submitted a request to Fay Servicing for them to disclose who is behind all these by means of a qualifying written request. I need to know who the owner of my mortgage is and try to come to solution with that entity. As of today, Fay has not reply. 
Now a new sale date is scheduled for XX/XX/XXXX and I dont have any answers from the lender. I have left messages to the new single point of contact XXXX XXXX at XXXX each and every single time I call they put me directly to his voice mail I have not gotten a call back. 
I need your help to make sure Fay Servicing stops playing games with my life and home. I just need an opportunity to have the lender review my real income and expenses and to prove them that I can repay my debt if an affordable modification is given to me. Not counting with my husbands income force me to request your assistance and apply for a loan modification. My husbands income was an essential part to the successful payment of the mortgage. Without it, it is like weve lost 50 % of my cash flow. 

I am not contesting the fact that I owe the lender what I promise to repay. I just need to know that Fay Servicing has the authority and that they are not playing with my life or discriminating me due to my widow status, gender or age ( I am XXXX years old ), which at this point I feel they do. 
I have done everything in my power to make ends meet but unfortunately, I have fallen short and would like if the lender reconsiders working with me to modify my loan. My number one goal is to keep my home and I would really appreciate an opportunity if you can intervene and help me as the sale date is near. Please help me stop the sale date scheduled forXX/XX/XXXX.

Company response to consumer: Closed with explanation