Consumer complaint received 2022-01-26
Company: Fay Servicing, LLC
State: OR
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Fay Servicing Company is using illegal practices to try to force me into foreclosure. The below statements all have documentation as support : -- My previous mortgage lender was XXXX XXXX -- Due to Covid impact on my income, I accepted an offer for a forbearance plan from XXXX XXXX in XXXX of XXXX. -- I did due diligence and was assured that several re-payment plans would be offered at the end of the forbearance. The forbearance was due to End on XXXX XXXX,, XXXX. All paperwork was done in time for the consideration of loan modification. 
-- My loan was sold to Fay Servicing on XX/XX/XXXX. 
-- I called Fay Servicing three times ( XXXX XXXX XXXX ) trying to resume payments on time and was put off; told that my information was not yet in their system. 
-- In a subsequent phone conversation I was told that they received my loan on XX/XX/XXXX. 
-- I called on XXXX XXXX, attempting to make a payment, which was refused, and I was given a link to an online application for assistance with a modification. I began the application process immediately. 
-- I called again on XXXX XXXX, to make a payment, which was again declined. 
-- I reached out to XXXX home loans that day about a refinance and spoke with XXXX who confirmed that Fay is trying to force a foreclosure ; it is illegal to refuse to take a payment, and that Fay would know I can not refinance without XXXX consecutive on time payments. 
-- I called numerous times between XX/XX/XXXX and XX/XX/XXXX and finally found someone who unwittingly took a payment for {$810.00}. 
-- On XX/XX/XXXX, I received a packet in the mail saying I was in default and foreclosure proceedings were beginning. 
-- I called beginning on XXXX XXXX, to make a payment and was told that only one person could take my payment : XXXX XXXX. I left messages for XXXX on XXXX XXXX and XXXX with no response. 
-- As of XXXX XXXX, I have spoken with XXXX twice and an unnamed woman once. Neither who will take a payment and neither who could track down XXXX. 
-- XXXX XXXX, I received a notice of default from Fay Servicing, postmarked on XX/XX/XXXX, dated on XX/XX/XXXX ; XXXX DAYS AFTER I made a payment. 
-- XX/XX/XXXX. I have spoken with XXXX at XXXX  and have forwarded all paperwork. He says that Fay is Double tracking which is illegal. They are using crossover dates, which create an impossible scenario for me to navigate. 
-- XX/XX/XXXX I am informed that I have been approved for a forbearance, and no payments are currently due. I forward this to XXXX at XXXX for clarification on this. 
-- XX/XX/XXXX. Called Fay servicing and after over an hour of transfers, I spoke with XXXX XXXX, who explained that the forbearance is for one month only and I am now allowed to pay whatever you can prior to XX/XX/XXXX, after which time no payments will be accepted. After the XXXX, I will be given an opportunity to re-apply, from scratch, for a new plan. I told XXXX I would like to make a payment this day and she said only an account manager can take my payment ; none of which were available and she told me to call back. I told XXXX, and I believe it was noted, that what is going on is clearly back-handed legal maneuver, and I refuse to be forced into foreclosure. 
-- XX/XX/XXXX. I have been on the phone, hours here and there, trying to make a payment. Have talked to several people but then am put back into a hold queue, supposedly for an account manager. I have left messages, none have been returned. It is literally impossible for me to make a payment with a live person and the website has now changed and I need a new account as my old one has been deleted? 


Note : All references relating to my particular account manager, XXXX XXXX at his number are added to a generic phone loop that does not go anywhere. It asks for account number, reason for call, etc. over and over and never ends up either with a person, or with the ability to make an online payment. I have never spoken with a XXXX XXXX, nor has he ever returned any messages that took hours to leave with various other people. 

-- XX/XX/XXXX, XXXXXXXX XXXX In person appointment with attorney, XXXX XXXX. He went over all of my paperwork and agreed that there were illegal practices occurring ; said he would write a letter, may end up going to court, kept all paperwork for copies. He suggested I hand mail a payment in, as I have it in writing that payments will be accepted until XX/XX/XXXX. 

I mailed a payment out the following morning ( XXXX XXXX  XXXX ) I regret not sending it certified. 

-- XX/XX/XXXX. Received from Fay Servicing, my un-cashed check, stamped received by them on XX/XX/XXXX. The check was refused due to the pre-foreclosure status.

Company response to consumer: Closed with explanation