Consumer complaint received 2019-07-18
Company: Fay Servicing, LLC
State: CO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My name is XXXX XXXX XXXX. My mother, XXXX XXXX XXXX, and I own a house. Our mortgage was sold to Fay Servicing , LLC in XX/XX/XXXX but had been behind two months with the previous mortgage company so right away to be able to pay a payment we had to search for a phone contact because Fay Servicing never gave us any information to be able to make a payment. I actually to call the previous mortgage company to find who the company was that bought our loan. 
At this point we were assigned a mortgage account manager named XXXX XXXX and paid the XXXX payment and asked how we could catch up with the two months in arrears. XXXX made it seem so easy and sent us papers to fill out called Loss Mitigation. We did everything we were told to do and faxed it by XXXX and he even told us we would have Lender-Placed Insurance for {$960.00}. Then he told us that they would make a decision and at that point Fay Servicing switched our account manager to XXXX XXXX. We barely spoke to him and he never gave us any information on what the decision of Loss Mitigation was. 
All along we were making our monthly payments, not the two months arrears, and they were accepting those payments. We never heard anything from XXXX except that they closed the Loss Mitigation. This was in XX/XX/XXXX. Now we get a new account manager named XXXX XXXX was very abrupt and would not help us in any way. My mom told XXXX that by law she could not foreclose on our account if weve kept in contact with her ( 60 days, etc. ) that legally they can not foreclose on our house. She was very upset by that and didnt want to do another Loss Mitigation but she ended up doing it. 
Now for XXXX XXXX payment the mortgage company would not take our money. They stated we had to come up with the two back payments, along with almost {$1000.00} in fees, plus XXXX. At this point the Loss Mitigation hadnt even been given an answer too. The whole reason we were behind in the two payments was because I was a XXXX  XXXX who didnt get paid during holidays and non-school days. Also my mother is on Social Security and something had happened where they had to investigate how much Social Security she should get. That was all resolved and we asked Fay Servicing if we could make a little extra with the monthly mortgage payments, which XXXX answered No it has to be another full payment. 
In XXXX they said they would not accept the Loss Mitigation and so they wouldnt take both XXXX and XXXX payment but wanted the two months back pay plus outrageous fees. They stated that we didnt get the Loss Mitigation because we didnt have insurance which we have proof in the attachment that was {$960.00}. We went to an insurance company and paid them {$200.00} and thought it would go to escrow, however they said it didnt matter and our income didnt match up to make the payments. I told them I will be starting as a XXXX XXXX with XXXX XXXX XXXX as of XX/XX/XXXX. They said that didnt matter because it hasnt happened yet. 
Then I borrowed money from my father and talked to XXXX XXXX ( XXXX was out of the office ) on Friday XX/XX/XXXX and he stated that if we paid {$2200.00} ( 3payments ) we could be out of foreclosure. I called XXXX XXXX today, XX/XX/XXXX and she stated she would not accept this money. She wants the 4payments and fees for a total of {$2900.00}. 
We literally get a different answer every single time we talk to her or anyone else at that company. Not only do we have a lot of equity in our house which weve lived in since XXXX, but we have this double insurance that the {$960.00} for Fay Servicings insurance shouldnt be apart of. 
We have 7 papers to show that : First we never received anything on them closing the Loss Mitigation in May and second that we have insurance that we had to pay the mortgage company and they told us we had to have our own ( which was part of why we were denied the Loss Mitigation )

Company response to consumer: Closed with explanation