Consumer complaint received 2023-01-31
Company: Fay Servicing, LLC
State: WY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I inherited property when my mother and sister passed away on XX/XX/XXXX, I informed Fay Servicing through their attorney, XXXXXXXX XXXX XXXX first thing XX/XX/XXXX which was the following Monday, and the and the first possible chance to inform them, I let them know I was an heir to the property and was now handling all of the financial aspects of my mothers estate. I began the legal estate process as soon as possible and informed Fay servicing and their attorneys of the process and kept them up to date throughout the entire process, Fay Servicing refused to speak to me even after receiving my birth certificate, which should have clearly indicated that I had a legal interest in the property, the minimal communication that did occur was done through their attorney. Soon after my mothers passing I filed an insurance claim on the house due to a fire that had taken place in her house, the fire was substantial and took several months for the insurance company to process it, during that time I began receiving threats of legal action against me from Fay Servicing 's attorney, who was claiming that his clients believed I was intentionally delaying the insurance process, which I did not do even after learning that Fay Servicing was contacting the insurance company in an attempt to expedite the insurance payment, I was told by a witness at the insurance company that they informed him they needed to get the check as soon as possible so they could move forward with a foreclosure before the estate process was finished, the tactics used by Fay Servicing did not get them the check faster by doing that, in fact the check was not ready for them to deposit for months after the estate process had concluded in XXXX of XXXX. I sent all of the necessary documentation to Fay Servicing several times over the next few months showing that the estate process was completed and that I was the sole heir to the estate, Fay Servicing refused to acknowledge the court paperwork that had been signed by a XXXX transferring ownership of the property to me. Late XXXX of XXXX Fay Servicing had their attorneys file the foreclosure in which I was not given notice of until after the publications began, once I received notice that they had begun the foreclosure process I contacted their attorney and informed him that Fay Servicing was still refusing to acknowledge my status as the Successor in Interest and that I would be filing a lawsuit against them immediately if the foreclosure continues, the attorney informed me that they had lost the insurance check and would be postponing the foreclosure sale until they were able to get the check reissued anyways. In the beginning of XX/XX/XXXX, Fay Servicing received the replacement check and listed me as the Successor in Interest on the account, at that time Fay Servicing and their attorney had misled me into believing that if I authorized the check to be put towards the account instead of using it to make the necessary repairs to the house that I would be caught up on everything and that there would be no foreclosure, I was actually under the impression that I would be receiving a check from them as they had an additional insurance check for almost {$45000.00} in addition to the new insurance check of almost {$400000.00} but instead of receiving a refund check, Fay Servicing proceeded with the foreclosure and denied me any chance to file loss mitigation and denied me any time to rectify the situation, they didn't even get me the documentation I requested when I informed them of the errors on the account, also they continued charging the account legal fees for their attorney against XXXX  state law, and subsequently charged the account for the postponement of the foreclosure that they admitted was only postponed because they had lost the check, still to this day Fay Servicing has refused to give any explanation as to what " corporate advances '' are, {$16000.00} in unexplainable corporate advances is completely unacceptable. Fay Servicing received {$440000.00} prior to the foreclosure and with plenty of time to end the foreclosure sale but chose to continue with the sale, the past due amounts and all past interest and fees had been more than satisfied, therefor I believe the sale was illegal as were so many of their other servicing practices, especially with regards to how everything was handled with the successor in interest situation.

Company response to consumer: Closed with explanation