Consumer complaint received 2018-07-31
Company: Fay Servicing, LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
What happened? 

I want to file a complaint to XXXX XXXX XXXX, Fay Services, XXXX XXXX XXXX and XXXX XXXX XXXX. My loan with Bank of America was originated in XX/XX/XXXX. The loan was for me and my wife XXXX XXXX name ( see attached documents ). I went through several loan modifications applications and finally I had everything completed all paper works as they asked done by XX/XX/XXXX. I called to check the status of the paperwork at the beginning of XX/XX/XXXX and they said they turned my mortgage over to another company, " Fay Services ''. When I spoke to Fay Services they said that my forms will transfer over and they said I didn't need to complete a loan modification because I already had one in due process. I ask them to provide me with what I need to do to get help to cure my debt they then said in XX/XX/XXXX it is too late because it's inside the dates for the foreclosure so it's too late. They made a sale date foreclosure for XX/XX/XXXX. I was able to file bankruptcy to try and figure things out so we can reapply for the modification. They allowed me to complete another modification as they requested. XXXX XXXX XXXX decided to send another foreclosure date on XX/XX/XXXX on behalf of XXXX XXXX. I then asked the law group to stop the foreclosure proceeding as I would get the finance, I disputed the balance owed. After a full research in the courthouse, I started questioning the legitimacy of the company foreclosing. I have proof in the records showing that XXXX XXXX XXXX did not hold the note at the time they were filing the foreclosure proceedings, the note was assigned to XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX ( See documents ). I tried to file a motion to stop the proceeding on XX/XX/XXXX and I reached out to the XXXX XXXX XXXX and ask them to explain why are they collecting on a debt that they do not own the rights to. The court magistrate said my paperwork has to be filed by a lawyer after I told her that I couldn't afford one and I was acting as Prose. I was then denied my right to pay and file my case through a court proceeding ( another issue ). My property was supposedly foreclosed on XX/XX/18. At the foreclosure no one bought the property it went back to the bank the guy uttered. I had a roommate who was told to leave. I made phone calls to Fay Services and they were saying that the investor is going to call me and no one ever called me to discuss me leaving as they realize that we knew that they were not the note holder, I ask them to show me proof that they own the note and I will cooperate and take legal actions as necessary. No one called or contact me until XX/XX/XXXX I found a note from another company XXXX XXXX XXXX company telling me that I have to leave and they summons me for an eviction on XX/XX/XXXX in XXXX XXXX VA . This company claims that they were the one who bought the property when clearly I was there and no one bought it. In addition to my complaint, the bank never sent me a notification that they were changing my lender. XX/XX/XXXX and on XX/XX/XXXX. I plan to submit all of my evidence in hope for a reversal on my so-called foreclosure. I am going to ask the court to allow us to cure the debt as offered by law. I want to file these complaints to assist with my filing, in addition, I would like the public to be educated on loan predators who act like they are the owner and they say they want to help you but they are just buying time to sell your debt for a profit. I am in the process of volunteering to help people in this situation, I would be glad to join your team in any capacity if needed. I am thankful for your help. My phone number is XXXX. Attached also is my prepared court documents that were denied a proceeding. Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation