Consumer complaint received 2022-07-27
Company: Fay Servicing, LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX 
XXXX XXXX XXXX  XXXX XX/XX/XXXX To : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dear Consumer Financial Protection Bureau, On XX/XX/XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX filed a foreclosure action ( index no. : XXXX ) against me ( XXXX XXXX XXXX XXXX in the State of New York Supreme Court XXXX XXXX XXXX XXXX XXXX This foreclosure action involved my XXXX XXXX XXXX XXXX  mortgage ( see attached copy of XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX  ). 

On XX/XX/XXXX, the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX foreclosure action was dismissed because XXXX XXXX XXXX XXXX, XXXX XXXX, the " Plaintiff failed to present any evidentiary proof as to the original loan and the assertion that its predecessor-in-interest, XXXX XXXX XXXX, XXXX , sold and assigned the pertinent mortgage ( an assignment agreement ) to plaintiff, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Having failed to rebut plaintiff 's affirmative defense of lack of standing, this matter must be dismissed '' ( see attached copy of XXXX  XXXX XXXX Supreme Court Decision ). 

To date, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX has not presented any evidentiary proof ( to me or the Court ) that it was sold and assigned my XXXX XXXX XXXX XXXX XXXX 

Now, Fay Servicing LLC claims to be the purported servicer of my XXXXn XXXX XXXX XXXX  mortgage. In addition, Fay Servicing LLC claim XXXX XXXX XXXX, XXXX. as Trustee for XXXX Master Participation Trust is the current owner of my XXXX XXXX XXXX, XXXX mortgage, via a " Mortgage Assignment Agreement '' from XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX XXXX XXXX XXXX, XXXX XXXX is not authorized to assign a mortgage that the Supreme Court has ruled it doesnt own! 

Firstly, I received a Mortgage Statement ( dated XX/XX/XXXX ) from Fay Servicing LLC that contains Fees and Charges ( i.e.Overdue Payments, Interest Rate, Recoverable Corporate Advances, etc. ) that bear no relation to the content of my original XXXX XXXXXXXX, XXXX XXXX. ( See attached copy of Fay Servicing Mortgage Statement ). 

On XX/XX/XXXX, I mailed Fay Servicing LLC a " Request for Information '' letter, pursuant to the Real Estate Settlement Procedures Act, subject to the response period set out in Regulation X, 12 C.F.R. 1024.36 ( d ) ( 2 ) ( ( i ) ( A ), and a request under 164 ( f ) ( 2 ) of the Truth and Lending Act ( see attached copy of XXXXXXXX XXXX  " Request for Information '' Letter ). 

Within my " Request for Information '' letter, I requested, among other things, that Fay Servicing LLC provide ( a. ) evidentiary proof that my XXXX XXXXXXXX, XXXX mortgage  was sold and assigned to XXXX XXXX XXXX XXXX XXXX, XXXX XXXX and ( b. ) evidentiary proof of the current owner or assignee of my XXXX XXXX XXXX XXXX  mortgage. I did attach ( to the " Request for Information '' letter ) a copy of the XXXX XXXX XXXX Supreme Courts XX/XX/XXXX court decision. 

Then, I received a Changes to Your Mortgage and Interest Payments Notice ( dated XX/XX/XXXX ) from Fay Servicing LLC. Again, this Fay Servicing Notice contains mortgage figures ( Principle, Interest Rate, Interest, etc. ) that bear no relation to the content of my original XXXX XXXX XXXX XXXX mortgage ( see attached copy of Fay Servicing " Changes to Your Mortgage ... '' Notice ). 

The most recent letter ( dated XX/XX/XXXX ) that I received is from Fay Servicing 's Legal Department, which states Fay Servicing LLC " needs an additional 45 business days to gather '' the documentation that I requested ( see attached copy of Fay Servicing " Delay of Information '' Letter ). 

In that Fay Servicing LLC has acknowledged it did receive my " Request for Information '' letter on the date of XX/XX/XXXX ; Fay Servicing 's request for an additional 45 business days, to provide me the requested mortgage documentation, is a violation of the Real Estate Settlement Procedures Act, subject to the response period set out in Regulation X, 12 C.F.R. 1024.36 ( d ) ( 2 ) ( ( i ) ( A ), and a request under 164 ( f ) ( 2 ) of the Truth and Lending Act.

In addition, Fay Servicing LLC has violated the Law of Contracts and 42 U.S.C. 1981 in that I believe Fay Servicing LLC has changed the original terms/obligations of my XXXX XXXX XXXX XXXX XXXX mortgage. 

Fay Servicing LLC must immediately correct the above-mentioned violations including providing me ALL the information that I requested on XX/XX/XXXX, to which I am legally entitled. 

Sincerely, XXXX XXXX XXXX XXXX forwarded XXXX XXXX Fay Servicing LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation