Consumer complaint received 2023-08-29
Company: Fay Servicing, LLC
State: WI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage
Sub-issue: Delays in the application process

Complaint:
On XX/XX/XXXX, I started the VA refinance process with XXXX XXXX XXXX XXXX XXXX XXXX XXXX. By XX/XX/XXXX, everything required by myself, and my husband had been completed and the refinance loan request went to underwriting. I then received a phone call from a XXXX team member ( XXXX ) inquiring about a deferment balance of {$8800.00} that is showing on my current mortgage with Fay Servicing. She requested that I call Fay Servicing, and ask for a copy of the Deferment Agreement as underwriting will not go forward with the refinance without a copy of this document. 
On XX/XX/XXXX, I called Fay Servicing and spoke with a representative ( XXXX XXXX ) and requested a copy of the Deferment Agreement. I spent XXXX minutes on hold and XXXX said she had found the document and would email it to me. I received the document and uploaded it to my XXXX documents portal. 
On XX/XX/XXXX, I received a call from a XXXX team member ( XXXX ) informing me that the document received was not the requested Deferment Agreement, but a payment history for XXXX, the original mortgage owner from XXXX, that showed some account restructure activity. XXXX asked me to call Fay Servicing back and request the Deferment Agreement that specifically addressed the dollar amount {$8800.00}. 
On XX/XX/XXXX, I called Fay Servicing and spoke with a representative ( XXXX XXXX ) and explained exactly what I needed. I was on hold for XXXX minutes when she said she had found the document and she would email it to me. I received the document via email and forwarded it to my XXXX team. 
On XX/XX/XXXX, I received a call from XXXX at XXXX letting me know the document received was still not the document required. The document received was an unsigned Deferment Agreement offered by Fay Servicing dated XX/XX/XXXX, for a past due amount of {$1100.00} which had been paid XX/XX/XXXX. During this phone call, I was informed that legally, if Fay Serving could not provide the Deferment Agreement contract, they could not demand payment for the {$8800.00} from us. 
On XX/XX/XXXX, I called Fay Servicing once again and spoke with representative XXXX XXXX and again explained exactly what I needed. I was placed on hold for XXXX minutes while she searched for the documents requested. She stated she had found the documents and would email them to me. The documents received were a billing statement from XXXX XXXX XXXX ( the previous mortgage owner XXXX XXXX ) dated XX/XX/XXXX that showed the Deferred Balance of {$8800.00} but did not include any Deferred Agreement contract. The email also included a Reinstatement letter dated XX/XX/XXXX, from XXXX XXXX XXXX for a past due amount of {$5500.00} with additional fees of {$3000.00} for a total of {$8500.00} to avoid foreclosure, but nothing regarding a deferment agreement. 
Because I knew these documents were still not the correct documents, I called XXXX XXXX XXXX to see if I could get a copy of the Deferment Agreement, as they would have been the ones to transfer all of the paperwork from their company to Fay Servicing. I spoke with representative XXXX who informed me that XXXX did not keep records for more than 2 years and we had not had an account with them since XXXX. She did say that if she had an account number that she would send that to their XXXX  XXXX XXXX to see if they still held any records and would let me know when she heard anything back. I provided her with my old XXXX XXXX XXXX account number. 
On XX/XX/XXXX, I received a phone call from XXXX at XXXX informing me that the last docs received were not the correct documents and she suggested we complete a XXXX call with Fay Servicing to see if they would provide her with the proper document directly. We were on hold for almost XXXX minutes while the representatives searched for the deferment agreement only to be told they could not find that specific documentation. 
On XX/XX/XXXX, I called Fay Servicing again to request a copy of the deferment agreement, with the hopes of speaking with a supervisor. I explained to the representative exactly what I was looking for and was placed on hold while he searched for the deferment agreement and when he came back on the line, I was told he could not find any documentation showing that there was a deferment agreement. I informed him that I was aware that if Fay Servicing could not provide me with the document that they could not hold me liable for that payment and he then brought a supervisor on the line. She then placed me on hold while she searched for the documentation, and she informed me Fay Servicing does not have the deferment agreement. I asked her if she could please provide a statement saying as much and she stated that she would not, and that Fay Servicing would send a request to XXXX XXXX XXXX  for a copy of the deferment agreement and that could take 30 days. This phone call took over XXXX minutes. After hanging up with XXXX, I called XXXX for a status of my request and there were no updates. I then sent an email to my XXXX team to let them know of all the information thus far. 
On XX/XX/XXXX, I received an email from XXXX at XXXX asking me to request a Life of Loan Payment History from Fay Servicing, in the hopes that this would show the origination of the deferment and hopefully bypass the need for a copy of the agreement and underwriting would then approve the refinance loan. 
On XX/XX/XXXX, I called Fay Servicing and requested the XXXX XXXX XXXX XXXX XXXX which I received via email and forwarded to XXXX team. 
XX/XX/XXXX, received a call from XXXX at XXXX informing me that underwriting could not accept the XXXX XXXX XXXX XXXX XXXX as it did not show the deferment within the history at all and asked if I would once again get on a XXXX call with fay Servicing XXXXo see if they would produce the proper documentation. Made a XXXX call to Fay Servicing and again requested the documentation, was placed on hold for XXXX minutes by the representative who then informed us that Fay Servicing did not have the documentation. XXXX let the representative know that if Fay did not have the signed agreement, they could not require us to pay the deferred amount. The representative told us that they would send a request to XXXX XXXX XXXX, and it could take 10 days to receive the document if XXXX had it, and it could take 30 days if they did not, and Fay would have to track it down from there. 
XX/XX/XXXX, called XXXX XXXX XXXX for a status and they have no updates to give. Received a call from XXXX at XXXX who has been calling both Fay Servicing and XXXX XXXX XXXX  in the hopes that one of them can provide a copy of the Deferment Agreement. Fay Servicing is saying they have requested it from XXXX, but XXXX is not responding. XXXX informed XXXX that they destroy records after a certain period of time and they could not find my old account under my name, my phone number, nor with my old account number.

Company response to consumer: Closed with explanation