Consumer complaint received 2020-12-02
Company: Fay Servicing, LLC
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
During the course of the coronavirus we have fallen behind on some of our obligations due to certain unavoidable reduction of income. My husband was laid off during a period of time in which we fell behind in our mortgage. I am currently unable to work due to a back injury acquired during work. During the time of my husband being laid off I have spoken with the mortgage company on numerous occasions and spoke with a Mr. XXXX XXXX at Fay servicing ( the people that handle my loan, the regular mortgage holder is XXXX ). Upon speaking with Mr. XXXX he took our information over the phone and had to get my husbands permission for me to speak on behalf of the loan ( 3 separate times ). He explained to me that he could do a loan modification so we applied for that I believe it was sometime in XXXX my husband got laid off for 12 weeks. In XXXX we applied for the modification. I had to pay {$1200.00} up front before this modification was started, I asked if I had to send it to him all at once and he stated no as long as it was paid before the end of XXXX. I sent out a payment of {$1000.00} then sent out a second payment of {$290.00} to complete the contract both checks were cashed. I sent out the XXXX payment and it was returned back to me. I tried to call 3 time a week leaving him messages on his voice mail, spoke with other people in the company and they wouldnt tell me anything. Wouldnt even re-take the payment over the phone telling me I had to speak to my case manager, Mr. XXXX, and would transfer me over to his voicemail which I then attempted to leave a message and the voicemail hung up on me. One of his associates told me they couldnt take my payment over the phone because I didnt follow through with my agreement, I tried to explain how my check was returned to me and he stated that I am sorry maam theres nothing I could do for you. I left 3 messages for his supervisor no return call. As I kept calling, they tell me home is now in foreclosure. Finally Mr. XXXX called me mid-XXXX asking me why I didnt make the payment in XXXX I explained to him that I did and it was returned to me he said ok well do you have it now and I said no we had to use it on groceries but I would have it on Friday which was only a couple days away. He said I could post date a check for you and I wouldnt allow that because he wasnt going to give me a confirmation number. I sent it through my bank with online banking. So, I could get a confirmation number and I called Mr. XXXX with the confirmation number he told me that wasnt good enough and said he needed the money in hand. Never offered to make a notation that it was on its way and note the confirmation number. I had called during that time to see if they had received my check ( it was2 weeks approximately by now ) Mr. XXXX stated he did not and the next day after talking to him they cashed my check. XXXX payment went through without a problem ( only took them a week to cash my check this time ) XXXX I sent out my payment about the second week into XXXX and they cashed it XX/XX/XXXX. Making my payment late therefore putting me in foreclosure once again. After trying to get ahold of him he finally answered telling me that they made an exception for me 3 times, I asked what do you mean and he went back to XXXX when I was trying to get ahold of him on why my payment wasnt in and about the check wasnt sent back to me and how I used it on groceries, he told me you couldve made the payment with one of the associates and I explained I tried they wouldnt take it and then he went on about the other payments and I explained the others to him and he still insisted it was my fault. But I still tried to get something else done and they said there is nothing else I could do. My house was supposed to go up for sheriffs sale but we filed bankruptcy so it stopped the sheriffs sale. During which this time there was a law made that nobody could be evicted or foreclosed on due to the pandemic. I didnt know until recently that there was government assistance to help people that was affected during the pandemic. My husband had to find another job due to him still not being called back to work. 
I had tried to get help because I didnt want to file bankruptcy, not even the attorney I have for bankruptcy even mentioned to me about forbearance I dont know if that was because there was also a sale date on it or not. I wasnt offer or told anything about any type of help. I am finding this out on my own. 
The lawyer I have now, his assistant XXXX, refuses to resend me things they claim that they have sent me and I never received via email.

Company response to consumer: Closed with explanation