Consumer complaint received 2016-01-14
Company: Fay Servicing, LLC
State: CA
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan modification,collection,foreclosure

Complaint:
XXXX XXXX XXXX gave me a XX/XX/XXXX XXXX XXXX ( XXXX ) which was a HELOC. They would n't modify it and or restructure it and eventually went to my home, where I had a tenant living at the time ( little over a year ago ) and disclosed personal info to him violating the debt collection act by telling him the history of my loan payments and tax payments, that I had been collecting rent ( {$1800.00} per month ) from him and not paying the note which was illegal and that I would go to jail. And my tenant got angry and stopped paying rent and did about $ XXXX in damage to the property. When I reported this to the XXXX, they said they would modify my loan and 3 days later, in XXXX XXXX, they sold it to Fay Servicing who came for my jugular. I had over XXXX of equity in the property. I had been working to try to come up with a viable solution with XXXX and started all over with FAY. the XXXX never could produce documents proving the loan was theirs. They were missing payments we had made over the years. They would not work with my Ex Husband being on the loan. I had found an investor to bail me out and bring my loan current. ( {$30000.00} XXXX In return, our agreement was that I would bring him on title, we could make monthly payments, upgrade the home which he would also pay for XXXX {$20000.00} XXXX and then I would split the equity with him. I told the servicer we would have a listing agreement and sell it XX/XX/XXXX.FAY XXXX refused to allow him on the title, and pursued a forclosure. I asked them for a modification review XX/XX/XXXX. They gave me until XXXX XXXX to turn my info in. At that pointm they stopped communication with me and would n't return calls or emails after multiple attempts. They would n't tell me if my info had been received via FAX until FINALLY on XXXX XXXX when I got an email that said, " yes I have rec 'd the documents you sent and forwarded them to the appropriate department. On XXXX XXXX, they put my house on the acution block and it was sold within minutes to a third party. I was stunned. The people at the default company told me that they had denied the modification on XXXX XXXX. THEY NEVER TOLD ME THAT. I was completely and utterly bewildered. Even on XX/XX/XXXX, when I rec 'd the email telling me they got the XXXX, did n't mention a word. The equity that I had in that house was mine. I did everything I could to make sure that I could get the money from the property and move on in my life. They did everything they could to make sure they would get money that was owed to them and forclosed on my home, where I reside as a single Mother of XXXX kids, ages XXXX and XXXX. It is CRIMINAL what they did, banking on the assumption that I did n't have the money or knowledge or both, to fight them. Not only did I do what they asked from day one, I also had presented them with a viable solution to bailing myself out. Now I have a 3 day notice, no means to move, and my children are terrified as am I. No one lets a home forclose if they have equity in it. I was not planning to do so either, but I trusted the word and written letters, from the servicer. I am essentially homeless and need help to bring criminal charges against them, educate people on what not to do and report them to as many agencies as I can so that this does n't happen to someone again.

Company response to consumer: Closed with explanation