Consumer complaint received 2015-05-31
Company: Fay Servicing, LLC
State: IN
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Starting as of XXXX/XXXX/15 we tried to make a payment online with Fay Servicing and was unable to do so. We called our account manager XXXX XXXX and asked why we could not. She told us that at that time they took off our link to make payments and we were in pre-foreclosure & would no longer take our partial payments. She explained I could fill out some paperwork to try and defer a payment. So, I filled out everything & sent her my paystubs like she requested. After I sent everything in I was told I did not make enough money and they declined the deferral payment. XXXX then stated that she wanted my wife to fill out this paperwork to see if her income ( Even though she is not on the loan ) would try & help to defer a payment. My wife sent in everything that XXXX had asked her to sent in on XXXX/XXXX/15 and we tried to make a payment again, but we were declined. These attempts would have placed us out of a pre-foreclosure status. XXXX then told my wife let 's try all of last years income and see if that works. We told her why try if you will not take our money and only make us get more XXXX out. We were XXXX getting pretty stressed over not being able to make a payment that would have released a full payment with the suspended monies setting in the account. We received multiple letters with the amount to settle up changing and the last letter stating that we had until XXXX/XXXX/15 to pay {$6200.00}. Now on XXXX XXXX, we had told XXXX XXXX we would be making a payment to create a full payment and that in XXXX we would pay XXXX consecutive {$500.00} payments on every Friday to help catch up. This was intended to be XXXX/XXXX/15 - {$370.00}, XXXX/XXXX/15 - {$370.00} XXXX/XXXX/15 {$500.00} which added to suspended monies is {$2000.00}. Now add {$2000.00} for XXXX and we have made XXXX payments and would be catching up more and take us out of pre-foreclosure, but XXXX did n't want any part of that. Finally on XXXX/XXXX/15 my wife tried to make another attempt at payment because that is what the XXXX counselor XXXX XXXX told us to do. My wife ended up speaking to XXXX who is a " Manager ''. He listened to the whole situation and was ready to take her payment, but then told her " I cant make a final decision '' you need to speak with XXXX XXXX XXXX who is the supervisor ), so they transferred her. She wanted to make a payment of {$560.00} which makes a full payment with suspended monies of {$820.00}, but he insisted that she could only make a payment of {$4100.00} to bring our account current. Pleas note how much time has went by and we could have been on our way to catching up. She told him that our case counselor stated that it is a LAW in Indiana for them to take our payment and that they could not keep the monies in a suspended account like they were doing. He insisted that XXXX XXXX at " XXXX '' obviously does not know the law and for her to prove it or show him. Since she was not able to make a payment or bring the account current he told her ; he did not care that you are trying to make partial payments or if your house goes foreclosure. At this time my wife heard XXXX in the background talking about her to XXXX and XXXX saying " That is why I did not want to get on the phone because XXXX I would have yelled at her ''. At this time my wife was so XXXX and XXXX that she simply told XXXX " Have a good day " & we are done talking and hung up on him. We have contacted XXXX XXXX of " GET HOPE '' and told her everything they have done and said about all of us and I signed a third party consent form for her to see what and how they are going to act towards her.

Company response to consumer: Closed with explanation