Consumer complaint received 2015-08-27
Company: Fay Servicing, LLC
State: FL
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
-XX/XX/XXXX Purchased home. Equity soared $ XXXX within first year. 

-XX/XX/XXXX. Victim of Predatory Loan thru XXXX and XXXX XXXX XXXX. 
Pressured for months into agreeing/signing, forged paperwork and took out way more equity than was requested. 
-XX/XX/XXXX XXXX 'acquired ' XXXX-XX/XX/XXXX to XX/XX/XXXX..making on time payments. no problems. 
-XX/XX/XXXX Homeowner separated/divorced. 
-XX/XX/XXXX Payments were getting bigger and the loan principle rose enormously. Asked XXXX to modify for months. Submitted paperwork XXXX times before acceptance. 

-XX/XX/XXXX Granted Trial Plan Agreement from XXXX. 3 months at {$670.00} then modification. Homeowner paid for XXXX months. After XXXX months homeowner 's request for the paperwork to modify was denied and told the offer was rescinded. XXXX would not honor the trial plan and offered no reason. Homeowner was devastated but continued to make the payments. XXXX breached the Trial Modification Agreement. 

-XX/XX/XXXX made a CASH payment at the branch ( have receipt ). I was upset they reneged but still wanted to make my payment every month. A few days later I noticed the payment was posted in the computer online account as being 'received ' on XX/XX/XXXX. A blatant mis-posting of my cash payment which quickly sent the account into acceleration and foreclosure as the system saw it as missing a payment in XX/XX/XXXX. Fraud! That has since been admitted to in Federal Court. 

-XX/XX/XXXX. Inquired at XXXX XXXX branches with only shrugs from the employees as to the issue. Their stance was that cash payments are posted to the account on the day they are made. They could NOT explain how or why it was posted a day later in their system and could not fix it. 

-XX/XX/XXXX attempt to make payment declined-XX/XX/XXXX. Certified letter was sent to XXXX XXXX XXXX , XXXX Vice President of Customer Care explaining the issue of mis-posting my cash payment on the wrong date. 

-XX/XX/XXXX. Received response letter from XXXX, they were " looking into it '' -Meanwhile the online account was deactivated by XXXX and the acceleration letters and foreclosure threats stopped! In lieu I was sent multiple offers to short sale my property for {$25000.00} Yes XXXX! I refused as it was a matter of principle and why should I sell my house when XXXX committed fraud? 

-XX/XX/XXXX First of several attorneys retained to defend me. Had a Mortgage Audit performed through the attorney and paid an additional {$1000.00}. Homeowner has Never received the results after fervently requesting them for years. Scammed. 

-XX/XX/XXXX Mortgage was sold to XXXX XXXX XXXX , XXXX. This was a FRAUDULENT TRANSFER and XXXX has never been held accountable for what they did to me. I have held strong through XXXX, XXXX, XXXX, XXXX, and now Fay. only to lose and have a sale date granted. 

-XX/XX/XXXX Advised by my attorney to get her a Bankruptcy # to give the Judge at the summary hearing. That 's MALPRACTICE. Homeowner was forced to file bankruptcy. The attorneys I hired were all unable to ever defend me in my local court system. courts and Judges side with the Banks. 

-Assumed owner of loan/plaintiff has been transferred or substituted several times since the case was opened. No chain of title. I know all the lingo just ca n't get it enforced. The current 'holder ' being located in the XXXX XXXX under a tax haven provided by the U.S. government. 

-Plaintiffs have been 'substituted ' and changed several times and get full rights on their end but NO JUDGE has ever heard my defenses. Responses and motions are submitted to the docket but never heard. Creditor ignored the Federal Bankruptcy Judges ORDER TO MEDIATE, never complied, then came after the property through the circuit court after debt was discharged. 

-XX/XX/XXXX. Homeowner was offered XXXX ... no defense option! 
Sale Date XXXX.

Company response to consumer: Closed with explanation