Consumer complaint received 2022-02-08
Product: Mortgage — Other type of mortgage
Issue: Trouble during payment process — 
Company: Fay Servicing, LLC (NY)

Our loan was transferred in XX/XX/XXXX ( start of pandemic ) to Fay Servicing , LLC. It has been a nightmare. They failed to apply our payments properly. They failed to pay our taxes as well and after many time consuming phone calls they eventually fixed it. When we were having issues due to the pandemic, we requested assistance and they refused to help or work with us. Struggling, we paid. We've been now dealing with their non-payment of our insurance premiums since XXXX XXXX. We were insured with XXXX XXXX XXXX at an " excellent '' rate. They did not pay and we received a Notice of Cancellation. After many calls, they claimed that payment was sent out. It was not. We made a partial payment in XXXX XXXX directly to the insurance company to hold the insurance and reinstate us until they received the payment in addition to our monthly mortgage. 

On XXXX XXXX, XXXX, we received an Important Insurance Requirements Notice from Fay Servicing, saying they have not received evidence of current insurance and have ordered temporary coverage through their insurance in the amount of {$6800.00}, more than 3x our insurance. I immediately contacted Fay and spoke to XXXX - see attached emails. I was told they were going to send out payment. 

Again in XXXX, when the next payment was due, XXXX still had not received the check from Fay and we needed to make another payment to the insurance company. They claimed it was mailed in XXXX and yet XXXX did not receive it. We were going back/forth between both Fay, who claimed the check was sent, but refused to send me a cancelled check showing proof and XXXX XXXX agent, who never received the check. We didn't know who to believe and we blamed our agent instead and went to another agent, which increased our premiums by {$600.00}. Fay has yet to pay our new insurance company. 

Our current agent called Fay and gave them direct instructions to pay the new insurance company and they failed to do so. We called and confirmed that payment was overnighted as we also directed them. We were told it was overnighted to the address we provided, etc. It was NOT sent as they were told. In fact, they claim they sent it to the address on the invoice. To date, they have not received it. We have already received another Notice of Cancellation from the new company, which they gave us 10 days past the due date to cure the issue. It is now 13 days past and they have yet to receive payment. 

I don't know what to do, who to complain to anymore. We need help. I am unable to refinance to get out of this insane loan because they have huge penalty clauses. I'm unable to continue to pay large mortgages that include taxes and insurance premiums and also have to pay insurance premiums on top of that. I feel that they are forcing us to take their insurance. This is a scam. 

We also had to constantly call with respect to finding out what happened to the money they " sent '' to XXXX. They only reimbursed us now, at the end of XXXX XXXX ( as they claim, I have yet to see it applied ). I can't keep taking 2-3 hours away from my job to deal with this. I'm going to lose my job and the property. This is causing so much stress and pressure on me and my husband as well. Something needs to be done. 

I've attached the relevant documentation. If this is not the proper authority to contact, please let me know who and where I can go to get help. I didn't want it to get this far, but I can't take it anymore. I appreciate your guidance, assistance, etc. If you could also let me know how to pursue a lawsuit against them, please let me know.