Consumer complaint received 2020-04-25
Company: Fay Servicing, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
STATEMENT OF FACTS On or about XX/XX/XXXX to present my husband and myself made numerous unsuccessfully attempts to XXXX XXXX XXXX in writing to correct a fraudulent Bait and Switch loan modification of our home mortgage located at XXXX XXXX XXXX, XXXX XXXX XXXX, CA. XXXX, perpetrated by a dishonest employee XXXX XXXX. 
Numerous e-mails from Ms. XXXX and XXXX timestamp tracking information during that period depicts and supports the banks employee deceptive fraudulent actions against us which is consistent with reports by a former XXXX XXXX XXXX employee- whistleblower who worked at a facility in Minnesota and alleged the bank unlawfully engaged in systematic, large scale alteration of mortgage notes and fabrication of related documents in preparation for unlawful foreclosures. ( See attached Exhibit ( A ) ) The process of requesting XXXX XXXX XXXX to reverse its action and correct this fraud against our mortgage continues to almost Ad infinitum, with numerous XXXX XXXX XXXX  office of the President Representatives ignoring each written requests to apply the corrective process on our mortgage account. From XXXX to present XXXX XXXX and its employees took us to a mountain of paper work forcing us to submit 17 Request for Mortgage Assistance ( RMA ) applications from XXXX up to XXXX of XXXX to no avail. ( See attached Exhibit ( B ). 
XXXX XXXX XXXX notoriously known for its fraudulent activities against mortgage holders, sell or transfer our long disputed debt, to unscrupulous Debt Collector Fay Servicing although a major unresolved dispute still exist. 
On XX/XX/XXXX, Exhibit A the eight page documents attached herein was served on XXXX XXXX XXXX and Fay Servicing pursuing to The Fair Debt Collection Practices Act ( FDCPA ) Validation of debt. The letter also notify Fay Servicing that its a third party to a debt in dispute, and therefore lacks proper jurisdiction as a debt collector pursuant to California Rosenthal Fair Debt Collection Practices Act. 
Fay Servicing on behalf of XXXX XXXX XXXX apparently ignore our XX/XX/XXXX letter and proceed to file a fraudulent Notice of Transfer of Claim with the Chapter XXXX Court on XX/XX/XXXX. Fay Servicing which in turn recruit XXXX XXXX an individual located outside the United States in the country of XXXX to further enhance the original fraud perpetrated on our mortgage account while making false statements to the Chapter XXXX Bankruptcy court. 
With the long stand documented evidence of a major dispute exist with our existing mortgage account, Fay Servicing designated by XXXX XXXX XXXX  to act as the loan servicer is a third party to a debt in dispute, therefore lacking any legal standing to purse any collection activities to include foreclosure and other adverse actions to above mortgage account number. 
Proceed and file a fraudulent foreclose scheduling a sale date of XX/XX/XXXX for the property.. 

Since filing the foreclose notice, all attempts to reach Fay Servicing to work out a solution via email and numerous telephone calls have gone unanswered. ( See attached Exhibit ( C ). it should be notice like XXXX XXXX XXXX, deceptive practices and heavy fines by State and Federal Attorney Generals, Fay Servicing was investigated by Consumer The Consumer Financial Protection Bureau ( CFPB ) and ordered to Pay up to {$1.00} XXXX to Borrowers Harmed by Illegal Servicing Practices. ( XXXX XXXX XXXX ) More troubling, on XX/XX/XXXX, an individual claiming to be working on behalf of Fay Servicing and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX was caught on home surveillance camera while demanding entry into our home. The individual proceed to climb over the perimeter fence of the property and take several photographs. Triggering a direct violation of California Rosenthal Fair Debt Collection Practices Act amendment effective on XX/XX/XXXX, the term consumer debt is amended to explicitly include mortgage debt. The term debt collector, and Taken into account the COVID-19 pandemic and the social distancing lock down order by our States governor, and that a Debt Collector is prohibited by both state and federal law from harassment and intimidating borrowers, we proceed and file a criminal complaint with our local lawenforemcnt. 
Despite this ongoing fraudulent activates over the course of two years we have made all payments north of {$280000.00} in compliance with the original Chapter XXXX plan despite knowing the bank and its deputations continue to file fraudulent claims with the bankruptcy court. 
The Trustees office was notified in a letter with supported evidence dated XX/XX/XXXX, that all Proof of Claim filed by XXXX XXXX XXXX, Fay Servicing and others are byproducts of this on-going fraud by XXXX XXXX XXXX  against our mortgage. ( See Attached Exhibit ( C ). 

XXXX XXXX XXXX  Lawyers XXXX XXXX XXXX XXXX XXXX WAS also notified in writing with very same supportive evidence attached on XX/XX/XXXX of the continuing fraud and all Proof of Claim it had filed with Chapter XXXX court was fraudulent. ( See attached exhibit ( D ).

Company response to consumer: Closed with explanation