Consumer complaint received 2018-02-28
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Fay Servicing, LLC (NJ)

XX/XX/XXXX Complaint Fay Servicing XXXX XXXX XXXX, XXXX XXXX XXXX Tx XXXX XXXX XXXX XXXX ACCT MGR XXXX Email XXXX XXXX XXXX ACCT MG XXXX Email XXXX To Whom It May Concern I am filing a complaint on Fay servicing for Unethical, unprofessional practices in which the company handled my attempt to apply for a modification. They were ruthless LIARS and deceptive the dont call you back when your clock is ticking down. This is how the string you along when they have no intention of working with the investor on your behalf to get a modification, they discriminate and never send your application to the investor nor did they ever intend to. 

On Monday, XX/XX/XXXX, I received a letter from a person offering to buy my home because it was going up for foreclosure on XX/XX/XXXX. I called Fay servicing XXXX number on XX/XX/XXXX to see what we could do to save my home. I spoke with XXXX XXXX For 1hr 4 minutes and 46seconds. I started off the conversation stating it has come to my attention that my house is up for foreclosure and Id like to modify my mortgage and stay in my home. He directed me to an application online, as he was explaining documents I asked him specifically did I need to get a professional to do this modification. He said no we dont have much time and A full package had to be submitted to the underwriter to stop the foreclosure and have it in a position to be reviewed for the modification. He explained in full detail over the next hour line by line what I needed to do. After talking with him it seemed easy enough. He validated my email address and we proceeded with the modification process. I sent over on day one THE BORROWERS ASSISTANT FORM, HARDSHIP LETTER, XXXX TWO YEARS TAX RETURNS, PROFIT, AND LOSS STATEMENT PAYSTUBS. 

On that same day XX/XX/XXXX I sent the full application including the Profit and Loss statement according to how XXXX XXXX told me to make one. As I was sending things over to him he was instructing me as to what was wrong and what needed to be fixed and we muddled along. On the following, XXXX responded via email at XXXXXXXX XXXX that he needed some documents. He needed a letter of explanation about my business account being the same as my personal bank account and I sent the letter over at XXXXXXXX XXXX  that same day. On XX/XX/XXXX I sent him another paystub from my non-borrower contributor AC. 

On XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX informed me that all he needed a was binder for Homeowners Insurance and to provide the insurance company Fay Servicing Info on the Binder. On XX/XX/XXXX I got the binder and sent the binder over to XXXX he emailed me back and stated a GREAT JOB! There was no more communication because he said the package was complete. ( DELAY TACTIC ) On XX/XX/XXXX XXXXXXXX XXXX a new account manager introduced herself as my new manager on the file. Her name was XXXX XXXX. She called to inform me that she was 2 documents short of a complete file for underwriter review. She the stated that she needed the profit and loss statement and the XXXXnsurance Binder. I informed them that I sent the P & L statement over to my account manager XXXX XXXX on XX/XX/XXXX and I sent the Insurance Binder over on XXXX XXXX to XXXX XXXX all via email and he let me know as we were going through the process what he needed and what he had. She said she couldnt find the documents so I sent them to her from my computer while on the phone with her and she confirmed receipt of the documents and once again 8 days later I had a full package. 

On XX/XX/XXXX I was trying to reach out to XXXX 3 times and got no callback. I called to get the status of the account and to let her know I never received a letter in writing going back to XX/XX/XXXX that they had a full package. Nor did I ever receive any letters stating that they needed anything because I was proactive all along and I just wanted to know why it took 8 days for anyone to say anything since the file was moving along smoothly with the last manager XXXX XXXX. He would have and always did let me know what was missing. Something about what she said on the XXXX seemed odd. But I left it alone thinking that I was paranoid about this being wrong. I then called her 4x On XX/XX/XXXX to get no answer nor return calls. 

On XX/XX/XXXX I reached out to XXXX XXXX 3x and got no answer nor call back. On XX/XX/XXXX I called XXXX 2 more times with no answer nor call back so I hit # XXXX for anyone to talk with me about my status. A lady that I misplaced her name told me that the file is no longer looking at because it was within the 3days of the package not being complete. I was UPSET and asked what was missing and I had been trying to get in touch with Tennile for over for some time and I was told I had a full package. She said I didnt have the P & L statement. She looked at the file and said I only had XXXX to XX/XX/XXXX in the file. I said that was a typo, its supposed to say XX/XX/XXXX thru XX/XX/XXXX. She said oh well there is nothing they can do and the house is going to foreclosure. I immediately called XXXX XXXX to find out what was going on and on 4x no answer nor call back. 

On XX/XX/XXXX I spoke with XXXX XXXX and he stated that even he missed as well as Tennile, the typo error on the Profit and Loss statement. He instructed me to write a letter of explanation as to what transpired and explain that it was supposed to read XX/XX/XXXX, not XX/XX/XXXX. I sent the letter over and copied XXXX as well as XXXX XXXX. I followed up with XXXX on the XXXX of XXXX 2x to get no response what so ever. I spoke with XXXX XXXX about the letter of explanation and wanted a status update and to complain about XXXX never answering her phone when I have questions for my account manager. He said he was going to send the letter up to a guy in higher management but he is out with the flu. 

XX/XX/XXXX XXXX I MISSED a call from XXXX and I promptly called her back at XXXX, XXXX. She called me back at XXXX she stated how sorry she was about not getting back with me and that they did have a complete that was marked on XX/XX/XXXX and the foreclosure was stopped and it will take XXXX to 60 days for underwriting. I thanked her for correcting the wrong that I was feeling was being done to me. I called her back on XX/XX/XXXX at XXXXXXXX XXXX to inform her that the sheriff sale still had my name on the docket for sale on XX/XX/XXXX. I never received a call back from Fay after leaving several messages about what I saw as a potential problem. SHE OUTRIGHT LIED TO ME!!! 

On XX/XX/XXXX XXXX XXXX called to let me know that XXXX was no longer with the company and that I was not out of the woods yet on this modification and it had still not been reviewed. Now I knew it was official and they were never going to give me a modification and when I asked on day one about getting a lawyer to do my modification Fay servicing wanted nothing to do with a lawyer negotiating on my behalf. I feel they had a plan to violate my rights from day 1. So XXXX XXXX says he will go to the upper management to get an exception to get this modification thru. I was thinking he was meaning because we all missed the typo since XX/XX/XXXX day 2 of the document exchange I really, in fact, had a full package since XX/XX/XXXX But No, that way of thinking was too good to be true. 

On XX/XX/XXXX I called XXXX XXXX 3x before I finally got thru to him at XXXX XXXX. This what happened, XXXX THANK YOU FOR CALLING FAY SERVICING THIS IS XXXX SPEAKING MAY I HAVE YOUR ACCOUNT NUMBER PLEASE. ME XXXXXXXXX, XXXX XXXX PLEASE CONFIRM YOUR NAME AND PROPERTY ADDRESS. ME, XXXX I SAID STREET NAME. XXXX, THANKS, XXXX XXXX GIVE ME A MOMENT HERE. I DO HAVE YOUR ACCOUNT VALIDATED, I DID GET AN UPDATE EARLIER THIS AFTERNOON MANAGEMENT WAS NOT ABLE TO GET TO FORWARD FOR AN EXCEPTION THE INVESTOR ON THE ACCOUNT DID NOT WANT TO GO THROUGH THAT PROCESS, THE PROPERTY IS GON NA GO THROUGH FORECLOSURE. ME THANK YOU!!! XXXX ALRIGHT SORRY ABOUT THE NEWS. 

XX/XX/XXXX XXXX I JUST SPOKE WITH XXXX XXXX TO GET MY INVESTORS NAME HE GAVE ME THE NAME XXXX XXXX XXXX. I HAD HIM LOOK AT PAGE 35 OF THE DOCUMENT WHICH CLEARLY SHOWS I HAD IT IN THERE ON THE XXXX OF XXXX ALSO HE SAW THE INSURANCE HE NEVER SENT THIS OVER TO MY INVESTOR STATED BY XXXX I AM SO CONFUSED HE MADE JOKES AND LAUGHING AT ME, ABOUT ME NOT PAYING FOR A LONG TIME. I HAD AN ACCIDENT AND TRIED TO WORK THIS WITH XXXX AND XXXX DISAPPEARED FOR YEARS. I HAD AN ACCIDENT AND THEY KNOW THIS BUT ITS FUNNY!!! 

CLOSING ARGUMENT I HAVE NEVER BEEN SERVED FORECLOSURE PAPERS ( MY RIGHT ) I WAS NEVER GIVEN AN OPPORTUNITY FOR MEDIATION ( MY RIGHT ) I WAS NEVER GIVEN TIME TO ANSWER THE COURTS ( MY RIGHTS ) THE SERVICER CLAIMED THAT I ANSWERED THE DOOR AND SIGNED FOR PAPERS DURING THEIR WALK UP NOT TRUE I CAN PROOF WHERE I WAS ON SAID DATE THE SERVICER DECIDED ON THEIR OWN WITHOUT TALKING TO THE INVESTOR THAT I HAVE NOT PAID MY MORTGAGE IN MANY YEARS THEY ARE NOT LOOKING AT IT any more DISCRIMINATION FAY SERVICING GOT THE FILE FROM XXXX AND DIDNT KNOW THE HISTORY AND WHY XXXX BANK STOPPED MAKING ME PAY. IT NEVER DAWNED ON THEM AS TO HOW MY MORTGAGE WASNT PAID IN SO LONG!! 

WHY PUT ME THROUGH THIS WHEN THE SERVICER NEVER INTENDED TO GIVE ME A MODIFICATION IN THE FIRST PLACE