Consumer complaint received 2017-09-07
Company: Fay Servicing, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
In XX/XX/XXXX of this year, XX/XX/XXXX, our loan was sold/bought from XXXX XXXX to XXXX XXXX. XXXX XXXX sent us a very large packet containing information regarding bankruptcies, foreclosure and other negative information about defaulting on mortgages. I called them immediately for 2 reasons - 1 ) We were not in default on our mortgage and never have been ; and 2 ) That I was appalled by the implications of the content in the envelope and that our loan was sold to a " Debt Collector ''. I was " assured '' that they were a mortgage lender and that " All mortgage companies are debt collectors ''.
Our next incident with XXXX XXXX was in XX/XX/XXXX. Our statement had a note on it stating that our payment was going up {$45.00} beginning on XX/XX/XXXX due to our impound account being too low. In XX/XX/XXXX we received a second statement with the new payment amount indicated. Again, still in XX/XX/XXXX, we received a third notice that our XX/XX/XXXX payment was {$45.00}. We, my husband and I, were concerned over the three statements and so I called Fay Servicing again and spoke with " XXXX ''. I expressed my concern over the substantial differences in the payment amounts. He looked into our account and said that in XX/XX/XXXX, our first payment to them, that we had made a double payment and that they were crediting us that amount so our current payment was just the payment bump from the impound account. I informed him that there was absolutely no way we made a double payment to which he said that it must have been an overlap from the sale and that everything was ok and to just pay the {$45.00}. I asked him for a confirmation statement that all we were required to pay for XX/XX/XXXXwas the {$45.00}. He said he could n't provide that but the statement was our conformation.
Our next incident was XX/XX/XXXXin the week of XX/XX/XXXX-XXXX. We received a call and a letter from XXXX XXXX the Account Manager stating that we had a Non- Sufficient Funds check returned. We have NEVER bounced a mortgage check and certainly had not done so at this time. We collected the cancelled checks and e-mailed them to XXXX the following day. When I sent the documents to XXXX I requested an e-mail confirming he had received the documents. He did not respond. I knew he had opened the e-mail since I had placed a notification notice that he had done so. I requested again that he acknowledge that he had received my information. Still, no response! I then went on-line to XXXX XXXX website and filed a customer complaint. I received a call quite quickly from XXXX 's supervisor - a XXXX XXXX or XXXX. See message below : Hello, My husband and I became a customer in XX/XX/XXXXof this year. Apparently your company acquired our account # XXXX. Our first notification of this transfer was receiving an extremely large packet that held numerous documents regarding bankruptcy and foreclosure. I was appalled!!! I immediately called your office and was informed that you are a " Debt Collector '' now servicing our loan. I find it very uncomfortable that our loan ended up with your company. We have NEVER missed a mortgage payment. Nor have we EVER defaulted on a mortgage!
In XX/XX/XXXX we received 3 statements from you! One stated our mortgage was going to go up {$45.00} due to impounds ( taxes ) beginning with XX/XX/XXXX's payment. Next we received a statement of the new amount, THEN we received the third statement stating we owed {$45.00}. Which we thought meant more for XX/XX/XXXX. I called ( I was told my call was being recorded - so you can listen to it all! ) to find out what was going on.
I was told that I had made 2 payments in XX/XX/XXXX ( I 'm assuming one was from our previous account holder ) and that the statement of {$45.00} was all we owed for XX/XX/XXXX.
Then yesterday, XX/XX/XXXX, my husband gets a call from XXXX XXXX stating that our payment for XX/XX/XXXX was returned as Non-Sufficient Funds. We have NEVER had a NSF issue with you or any other account holder!! I sent XXXX XXXX an e-mail this morning with the copies of all of the checks mailed to your company since you took over our loan to prove this. I asked that he let me know that he received them but he could n't be bothered to respond to my e-mail. I know he opened it because I put a tracker on the e-mail. I sent a second request asking if he got the documents and again he did not respond to my request ( he opened the request!! Again, I attached a tracker to my e-mail!! ) Your company has a MAJOR accounting issue! Or should I say LACK OF ACCOUNTING!!!
We have paid everything we have been instructed to pay. We do not owe you for a NSF check.
You need to get your accounting problem fixed and quickly!! I am tired of these discrepancies. In my 30 years of home ownership I have never had issues like these! This is ridiculous!
These issues YOU are having had better not show up on our credit in any way!
Please see that my account is cleared of any of this negligence on your part!
She stated that their accounting department had notified them of our NSF and that she had instructed XXXX to call us the date before regarding it. She said she was in possession of the documents that I had sent and would wait for the accounting department to get back to her. She said that they are not allowed to e-mail us unless they have on file a form from us stating that they can do so. She also said that she would get back to me when she heard from the accounting department.
On Tuesday,XX/XX/XXXX my husband called Fay Servicing to find out the status of the situation. He was told by XXXX 's supervisor they have found that we did not have an NSF check ( duh! ) and that we now owed them 2 payments! One for XX/XX/XXXXand ONE FOR XX/XX/XXXX SINCE THEY HAD MADE A MISTAKE AND THAT WE DID OWE THE FULL AMOUNT IN XX/XX/XXXX - NOT JUST {$45.00}!! She said that she could give us until XX/XX/XXXXto get the extra payment to them. Really?? How are we supposed to come up with another payment? My husband asked her if they could add it to the end of our loan and she said no, by XX/XX/XXXXor they would begin foreclosure procedures.
There is no way we can come up with another payment! How could an average person do so?

Company response to consumer: Closed with explanation