Consumer complaint received 2020-06-15
Company: Fay Servicing, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Dear CFPB, My complaint is regarding Fay Servicing who did a " loan modification '' on my home in late XXXX and over the year I have had multiple, unresolved issues with the servicing of my loan. I want to be VERY clear, I have never been late on a payment in nearly 6 years with this mortgage servicing company and have been pushed aside every time I have asked for clear answers to the servicing issues on my loan. Additionally, while modifications were supposed to HELP the consumer after the " financial crisis '', XXXX 's modification was with a XXXX XXXX  interest rate which was significantly higher than what lenders were modifying loans for during that time. But I had no options and XXXX knew that. 

Here are the issues as follows : 1. On XX/XX/XXXX, on the advice of my tax attorney and due changing tax laws, I made an advance payment of {$8900.00} ( see attached bank statement ) for my property taxes to my local assessors office. At the time of modification, XXXX insisted that my tax and insurance payments were impounded. I reached out to Fay Servicing in early XXXX of XXXX to tell them that I made the advance payment and was looking for a refund on the escrow account for the full {$8900.00} due me. I contacted them repeatedly over the months, pleading with them to refund this large amount of money but not until XX/XX/XXXX of XXXX, did I finally receive a check for the amount of ( see attached ) {$5800.00}. 

So once again, I immediately began contacting the Fay Servicing 's customer service department to let them know that the check I received was over {$3000.00} dollars short and that I was expecting the balance forthcoming. Over the weeks and months I spoke to countless XXXX 's who assured me that someone would look into why this happened and get back to me. At NO TIME did anyone from Fay Servicing ever reach me or resolve my issue. 

Then in late XXXX my mother was diagnosed with XXXX and the priority of my life had a significant shift in focus. She passed in XXXX of XXXX, but I was just to exhausted and worn out with the XXXX " business '' to continue to fight with XXXX regarding the outstanding balance due me. 

Fast forward to XX/XX/XXXX. XXXX hits the United States and another economic crisis hits families across the nation. Mortgage lenders were willingly assisting those hardest hit and local and federal governments mandated mortgage companies to assist those in trouble. Did Fay Servicing assist? NO!!! 

XXXX. In early XXXX I reached out to Fay Servicing for assistance and was told by a XXXX that I could " defer a XXXX time payment '' but that it would negatively impact my now repaired credit scores. When I asked the XXXX, " How does this help my situation if you are going to destroy my credit? '' She simply said " That is not for me to decide sir. '' Frustrated again by XXXX 's customer servicing and bully tactics, I continued to make my payment on time. 

By the end of XXXX and my mortgage payment again approaching a XX/XX/XXXX due date ( I made XXXX and XXXX payments on time ), I AGAIN called Fay Servicing to see if they were assisting customers during the pandemic, as most mortgage lenders were mandated to do. I was asked a couple of " hardship questions '' by the XXXX XXXX never the same person ) who said it would go into review and that they would get back to my ONLY by mail in XXXX business days. That time period had come and gone! 

So on the XXXX of XXXX XXXX last day to make payment without penalty ), I called Fay Servicing yet again for status. I spoke with a XXXX named " XXXX '' who abruptly told me that my account was in " forbearance '' since XXXX. When I questioned him about this action and lack of ANY written or verbal communication he became rude and began talking in circles. I finally got him to state that any missed payments would be attached to forthcoming payments staring in XXXX and would not be attached to the end of the loan which is what most lender are doing to assist their customers. XXXX my already large payment does NOT help me in any way at all. 

So again, I queried " How does a forbearance help me if at the end of the forbearance period ( which I knew nothing about ) I am being asked to pay back all of the missed payments? '' His disrespectful response to that question led me to the CFPB website and this complaint. XXXX : " Look, I am just telling you what is in front of me, you are in forbearance now. You reached out to us and this is what happened. '' We went back and forth about how this was NOT communicated to me, until I asked to be transferred to a XXXX and he told me to write a letter. 

Well here we are!!! Write a letter he said ... that's fine!! I will a letter and file a complaint with the CFPB and contact the XXXX of Fay Servicing before I start blogging and taking this to social media. I am done being abused by Fay Servicing and their staff. Worst servicing company I have ever dealt with. Period. Please, please, please help!!!

Company response to consumer: Closed with explanation