Consumer complaint received 2021-02-24
Company: Fay Servicing, LLC
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This is my third or fourth attempt to seek assistance from Fay Servicing LLC. Each time has been painfully unsuccessful and stressful to the point of causing a mini melt down. I have been consistent with trying to reach my account manager and other account managers and get help. The record will also show I have several complaints filed here at CFPB in regards to Fay Servicing and the list continues. Please someone help me and look into their treatment of customers. I'm at the point now to believe Fay Servicing wants my home to foreclosure just in speaking with several representatives and the lack of understanding. My last complaint with CFPB, Fay Servicing responded back they made an error in my seek for assistance ( it was an big error and I believe if I wasn't persistent Fay Servicing would have continued to do unfair practices against myself and the hundreds of others that have complained. 

Moving to the current issue at hand after the last complaint I was offered a trial payment program with 3 months of on time payments. The payments were to be completed in the 30 day period. The plan started in XX/XX/XXXX, XX/XX/XXXX and end XX/XX/XXXX. The payment amount were to be {$1200.00} every month for three months. I called in and verbally agreed to it as no paperwork needed to be signed. I decided to send my payments in bi weekly ( That worked best for me ) later to hear from my account XXXX Mr. XXXX XXXX that since I was making bi weekly payments I must couldn't afford the payments. What an insult to me to judge what I could or not afford ( The phone call be pulled and listened to ). Any way I made payments over the phone on XX/XX/XXXX I paid {$1200.00} full payment. XX/XX/XXXX {$620.00} XX/XX/XXXX {$610.00} XX/XX/XXXX {$610.00} and final payment XX/XX/XXXX {$610.00}. On XX/XX/XXXX I called in to Fay Servicing to make them aware my bank returned the check and it was a bank error and can I pay right now since I'm on the phone or can the check be sent through it again. I was told NO and that I must couldnt afford the payments and why was I making bi weekly payments. I quote " from my account manger that I must didnt have enough funds in my account and to send in proof I had the money '' First, of all I didn't appreciate being judged as a person who was " broke ' or couldn't pay my bills. I asked my account manager why I couldn't just make the payment now on the phone since my bank credited back my account and waived the {$34.00} NSF fee. I was told No and that I then needed to bring my account current ... ..This makes strike 2 for me as I'm applying to get assistance so how can I bring my account current which is over {$40000.00} now to bring it current as I have been fighting with Fay servicing for over an year now. The fees and my balance is getting higher. I'm trying to save my home. I worked my tail off for three months to get those payments in on time for three months. I even had Covid and I have the paperwork to prove this and I still made sure the payments were in on time. Unfortunately, this last payment made XX/XX/XXXX was an bank error and the bank will not issue anything to prove this that I can turn in to Fay serving. The bank just apologized and waived my NSF. I can not get anything from my bank and Fay Servicing will not accept my last payment. Now, because of {$610.00} I have to face foreclosure after i have paid {$3000.00} in payments these last three months. Payments I've made in a pandemic when people are struggling. I'm typing in tears as I can't sleep because I'm afraid of losing my home. It's not fair how I've been treated this last year with Fay Servicing. The records of complaints showed how unfair Ive been treated. I was lied to as my loan modification papers would been sent out after my second month. I never received any loan modifications papers and I have proof of different representatives saying my documents were sent out in XXXX, then speak with another person and I was informed my documments were sent out in XXXX. As of XX/XX/XXXX when I called in to make the final payment my loan modification paperwork was never sent out per my account manger Mr. XXXX XXXX and to just continue to make my payments until he can get some loan modification can be sent out to me ( this phone call can be pulled ). So my point is they never really meant to give me a loan modification and the last payment returning was the excuse being used. They never tried to resubmit the payment just stated I didn't complete. Technically, I made a payment in XXXX and should be given the opportunity to resubmit the last payment and start the loan modification. Why go through the pain and suffering and I not make sure I had money in the bank. This is stressful I would never jeopardize my house for {$610.00} after I have paid over {$3000.00}. My account manager asked for proof the money was in my account by sending him bank transactions. I felt that was an invasion of privacy as i didn't have to show what I had in my bank account to start the trial payments. I feel as though my account manger wanted to pry and see what i had in my account ... ... that's illegal and unfair. I sent 3 emails to my account manger showing what my account held in and every time my account manager denied getting my payment accepted. Instead he told me I couldn't afford it and what I spent my money own. Please tell me if that's legal???? Its been almost a month and nothing has happened ... ..the money is still in my account and Fay servicing will not take the last partial payment but decided to keep my $ 3000+ I have not heard from anyone and I have left messages for my account managXXXX. Lastly, I'm able to check my account activity of Fay Servicing and it states on XX/XX/XXXX I was approved some type of assistance, but when I call in the representatives they report they dont see anything but try and submit another application for assistance. So I have no idea with going on with my account and who to trust. I'm including all documents I have and hopefully something can be resolved as I'm trying to save my loan and complete the loan modification paperwork and make the resubmit the final half payment. Please someone help me, we as consumers need help from these mortgages companies.

Company response to consumer: Closed with explanation