Consumer complaint received 2019-07-26
Company: Fay Servicing, LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This letter is to inform CFPB on the efforts we have embarked on most recently. We have hired a world renowned forensic auditor to investigate the mortgage, as well as the note, securitization, to examine all signatures, just to name a few. The forensic audit as attached for your review of over 1000 pages will outline all the illegal forged documents as well as proof that the current alleged Bank does not have any rights to mortgage or the note. ( The CFPB portal does not allow an excess of XXXX MB of file to be uploaded, therefore I will attach the summary findings of all fraud and will file it with court during the litigation process ) The signature of the Vice President by the name of XXXX XXXX of the Washington XXXX XXXX has been forged when the employee has been long gone. Please see attached audit for proof of evidence. Please note Fay Servicing and XXXX XXXX XXXX XXXX have scheduled an auction date on XX/XX/2019. I am kindly requesting your agency to cancel the upcoming auction which is scheduled on XXXX the XXXX so we can provide the evidence in court to vacate the judgement of foreclosure. 

To summarize, I applied and was approved for an alleged mortgage in XX/XX/XXXX with XXXX ( Washington XXXX. ) Since that time, there have been multiple transfers of only the mortgage and not the note and have been the subject of a contested foreclosure since XX/XX/XXXX involving XXXX, XXXX AND XXXX XXXX XXXX XXXX. We became suspicious when a complete stranger ( XXXX XXXX XXXX XXXX ) appeared out of nowhere, claiming ownership of Note and mortgage without providing any substantiating documentation. We realized that Fay as well as XXXX XXXX XXXX XXXX was not interested in helping us and for reasons that are now clear. Due to the well publicized mortgage crisis, we felt it was in our best interest to challenge the validity of XXXX XXXX XXXX XXXX and Fay Servicing ( see attached ). Recently, we submitted a request for validation of debt, error resolution and information request & proof of claim pursuant to RESPA, FDCPA, & the Uniform Commercial Code ( see attached ). Unfortunately, Fay Servicing and XXXX XXXX XXXX XXXX has refused to furnish any information whatsoever and instead has thumbed their nose in the face of our legitimate disputes amidst continued foreclosure activity. Fay Servicing and XXXX XXXX XXXX XXXX operates as if it is above the law in what appears to be a continued effort to take our home without fulfilling its lawful duties and obligations. In our investigation, please see attached extensive documentation to prove fraud, deceit, forgery of signature, there is a significant amount of Civil Code Violations, violations of Dodd-Frank Wall Street Reform and Consumer Protection Act, violations of RESPA, FDCPA, TILA, FCRA, falsified signatures, as well as disclosures prior to commitment and ROBO signed instruments. - I believe that they violated the Fair Debt Collection Practices Act - We have undisputed evidence that XXXX as well as XXXX XXXX XXXX XXXX does not legally own the Note and mortgage, - The Note and mortgage were both Rescinded and do not exist ( see attached ). -Fay Servicing and XXXX XXXX XXXX XXXX has refused to provide ANY accounting of the alleged debt and that it does not exists. - We have evidence that the debt was satisfied by either tax deduction, insurance claim or by bailout which would necessitate Fay Servicing and XXXX XXXX XXXX XXXX to work out a settlement to resolve this matter. - I could be irreparably damaged by their lack of adherence to consumer protection laws. As stated, it has became obvious that Fay Servicing and XXXX XXXX XXXX XXXX had no intention of providing the requested information and has brushed off our requests. We did not feel that this represents the behavior of a bank that claims a valid interest in our Note and mortgage. After performing further due diligence, information became available through a database search performed by a professional auditor, that our loan number as well as the physical address were part of a securitization involving investors and institutions and a REMIC trust. This newly discovered information pertaining to the potential ownership of our Note and mortgage was never divulged as Fay Servicing and XXXX XXXX XXXX XXXX arrogantly moved forward while pushing the narrative that it was the owner of the Note and mortgage. The involvement of other parties, and a REMIC trust, changes the dynamics of this dispute and foreclosure. It is distinct that the instruments utilized in this foreclosure has to be rendered unenforceable in the state of New York. There is sufficient evidence that Fay Servicing and XXXX XXXX XXXX XXXX is in violation of the law and is pursuing an unsubstantiated claim and is engaged in illegal collection activity as well as foreclosure practices. Furthermore, there is evidence of shady transactions that have been concealed to enhance the Fay Servicing and XXXX XXXX XXXX XXXX foreclosure. Fay Servicing and XXXX XXXX XXXX XXXX should be scrutinized in this foreclosures due to it's involvement and implementation of it's " fraud manual '' in which directions were given to it's agents for the production of bogus documents for the purpose of foreclosure. Please note Fay Servicing and XXXX XXXX XXXX XXXX have scheduled an auction date on XX/XX/2019. I am kindly requesting your agency to cancel the upcoming auction which is scheduled on XX/XX/XXXX so we can provide the evidence in court to vacate the judgement of foreclosure. Thank you.

Company response to consumer: Closed with explanation