Consumer complaint received 2017-12-05
Company: Fay Servicing, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
We submitted a forbearance ( Borrower Assistance ) application on XX/XX/XXXX to our loan servicer, Fay Servicing. Two months later, we received a letter indicating that certain tax documents are missing and we must submit these documents in order to process our request for assistance. We submitted the documents on XX/XX/XXXX, but did not receive any update as to whether the request is still in process, approved, or denied. 

Around XX/XX/XXXX, we called to make a partial payment of the delinquent amount, but we were told that payment can not be accepted unless paid in full. When we inquired about the status of our forbearance request at the time, we were told that no decision was made, because our application was incomplete. However, we were advised to submit a new request ; therefore, on XX/XX/XXXX, we submitted another forbearance request. 

As we waited for a decision our application, we received a letter from XXXX XXXX XXXX XXXX, XXXX on XX/XX/XXXX demanding full payment of the mortgage balance on behalf of XXXX XXXX XXXX, XXXX. We doubted the authenticity of this claim, because we never knew XXXX XXXX XXXX, XXXX as our lender, as we had just submitted, on XX/XX/XXXX, documents requested by Fay Servicing regarding the forbearance request. So, we sent a letter by mail postal and email to XXXX XXXX XXXX XXXX, XXXX requesting verification that XXXX XXXX XXXX, XXXX is our lender. We also called Fay Servicing customer service to confirm if XXXX XXXX XXXX, XXXX is our lender, but they could n't confirm that. Therefore, we sent an email to our account manager to verify this information and we are still waiting to hear from him. However, 4 days later, on XX/XX/XXXX, we found a business card from a process server for the XXXX County XXXX Judicial Circuit asking us to contact him, because he has important papers for us. Immediately, we called Fay Servicing customer service again to explain what is going on and we were then told that indeed XXXX XXXX XXXX, XXXX is our lender, but not to worry, because our forbearance application is still in process. 

Meanwhile, the process server has made several attempts to serve us foreclosure papers. An attempt was even made to serve our son whose is not on the mortgage and lives in a different state. When we asked why our account manager has not replied to our email, we were told that they have no permission on file to communicate with us via email, so we have to respond to an email they will send us to obtain authorization for contact by email ; however, we have already provided such authorization on XX/XX/XXXX. Nonetheless, we immediately responded to the email requesting permission to contact, but we have still not heard from the account manager. 

Up till the time of writing this complaint, neither Fay Servicing nor XXXX XXXX XXXX XXXX, XXXX has given us proof that XXXX XXXX XXXX, XXXX is our lender. Our original loan servicer/lender was XXXX XXXX XXXX, who transferred the loan servicing to Fay Servicing as of XX/XX/XXXX. Fay Servicing customer service told us that if we look on page 13 of the Welcome Kit they sent us, we will see that XXXX XXXX XXXX, XXXX is our lender ; but the Welcome Kit we received is only 6 pages long ( not numbered ) and no one is mentioned as our lender. The Welcome Kit only states that Fay Servicing , LLC is our new loan servicer as of XX/XX/XXXX and XXXX XXXX XXXX, XXXX. will stop accepting payments from us after XX/XX/XXXX. On Friday, XX/XX/XXXX, we called Servicing customer service to pay the full delinquent amount in order to bring our account current, they told us ( for the second time ) they can not accept out payment, because our forbearance application is still pending ; yet the process server made another attempt today to serve us foreclosure papers.

Company response to consumer: Closed with explanation