Consumer complaint received 2022-02-10
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — 
Company: Fay Servicing, LLC (FL)

To date, either myself, my husband, representatives from my attorney 's office or representatives from my title company have reached out to a variety of staff in the commercial section for resolution regarding a loan in XXXX, VA. This loan is paid in full and I need a Certificate of Satisfaction and letter indicating the loan is paid in full in order to sell this property. This loan was paid XX/XX/XXXX. Closing was due to occur yesterday, XX/XX/XXXX. We have called ( the latest phone call was today to XXXX XXXX both by my husband and by my attorney 's office ) multiple times and emailed at least 15 times between myself and my attorney 's office and an additional 5 times minimum by my title company. 

I personally reached out on XX/XX/XXXX by phone call and spoke to XXXX XXXX requesting a Certificate of Satisfaction for the aforementioned loan and a letter indicating that the loan is paid in full. This has not been filed with the independent City Clerk 's office. I called again on XX/XX/XXXX and spoke to XXXX XXXX. I emailed her the request for release and indicated therein that pursuant to Section 55.1-339 of the Code of Virginia that Fay Servicing is required to record a valid certificate of satisfaction within 90 days. This deadline was XX/XX/XXXX. In between I called and attempted to leave a message for XXXX XXXX on her direct line, but this mailbox was full. Both myself and my attorney 's office called back ( together ) on XX/XX/XXXX and spoke to XXXX XXXX regarding this matter. In this 2 hour phone call, XXXX left us on hold for 45 minutes to only come back and indicate that this would move to XXXX XXXX, his supervisor and " would be expedited. '' I called later on XX/XX/XXXX to speak directly to XXXX XXXX to get a timeline as the release needed to be notarized and overnighted to arrive by Monday, XX/XX/XXXX to meet the deadline for closing. She told me " there's an exception to this lien release '' and that you're " working on it. '' I asked if the release would be done by XX/XX/XXXX and was told no and something was wrong with the person with the power of attorney was unavailable. I requested an email summary of our phone conversation, but was never provided one. Also on XX/XX/XXXX, to follow up from our phone call, my attorney 's office emailed the following : XXXX XXXX, XXXX XXXX, the general inbox of XXXX, XXXX XXXX and XXXX XXXX with the subject line " URGENTXXXX UNRELEASE LIEN ". This email ( copied below ) summarized the phone call indicating that no resolution has been reached. My attorney 's office called again on XX/XX/XXXX seeking resolution to be given no indication that anything had changed. Much has been pushed off on the mysterious " lien department '' that no one can contact and their contact information can not be provided to me, as the customer, or to my legal representative. 

My attorney 's office emailed XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX XX/XX/XXXX at XXXX requesting information again about the lien release. Around the same time, XXXX spoke on the phone with both my husband and myself about this matter where he provided me with blame and buck passing to XXXX and no indication as to why or when this would be resolved. It seemed more important to XXXX that the email from the attorney 's office was sent to a mistyped email address to XXXX XXXX ( XXXX ) than anything about resolving this issue. He said XXXX was working on it. My attorney 's office has sent emails with a read receipt, so we know that each of these staff members have read our emails. Further, my attorney 's office has called and spoke to XXXX today who indicated that he has no recollection of the 2 hour phone call on XX/XX/XXXX. At XXXX XX/XX/XXXX, my attorney 's office representative who was left on hold for nearly 2 hours, spoke to XXXX again who assured her that XXXX were " actively working on the issue '' and he would walk to XXXX 's office about the matter himself. This matter has been " expedited '' since XX/XX/XXXX and XXXX told my attorney 's office he will update everyone. I also reached out to XXXX XXXX, Assistant Vice President - Complaints Manager outlining this entire ordeal. Her reply is below : " I am so sorry to hear about this and would like to extend my contact information and let you know I will be personally following up on this. I will also assign staff to issue you a written response as well. My email at is XXXX. I will be forwarding this message for staff assignment first thing in the morning and will escalate this issue and let you know what I find. Again, my sincerest apologies. '' I emailed her XX/XX/XXXX with the pertinent details along with an attachment of the request for the certificate of satisfaction. As of the morning of XX/XX/XXXX, the following has been done either by me or my attorney 's office : XXXX. I have emailed XXXX XXXX again asking who this case was assigned to and their contact information and requested a resolution date. 
XXXX. My attorney 's office emailed XXXX XXXX, who assured us that there would be a next step, to see where this resolution is at. 
There has been no response as of XX/XX/XXXX at XXXX. 


I will attach our requests for the lien release. According to the Code of Virginia, there are fines involved by the lienholder 's failure to record a certificate of release within 90 days.