Consumer complaint received 2018-06-29
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Fay Servicing, LLC (NY)

My mortgage was in active foreclosure and I was not having any success in working out a modification or repayment with the servicer so I hired the XXXX XXXX XXXX to defend the foreclosure and try to work out a modification in XX/XX/XXXX. On XX/XX/XXXX we submitted a modification application to the servicer, Fay Servicing. On XX/XX/XXXX the banks attorney filed a Referees report. On XX/XX/XXXX I received a letter requesting additional documentation for the modification application to be sent by XX/XX/XXXX. On XX/XX/XXXX I sent all of the information to The XXXX XXXX XXXX who submitted it to Fay Servicing the same day. They followed up with several phone calls to confirm receipt of the documents to no avail. Finally on XX/XX/XXXX they were informed that the confusion was because they had inadvertently opened my loan with an incorrect social security number and that was why they could not get the file moving into underwriting. They said that the only missing docs were an updated 4506T dated in XXXX because 2 months had passed trying to get the file underwritten and a w2 for XX/XX/XXXX and they needed them before XX/XX/XXXX. On XX/XX/XXXX we sent the 4506t and a letter explaining that there was no XXXX for XXXX because I was XXXX injured. The XXXX XXXX XXXX then called Fay Servicing again on XX/XX/XXXX and was told the file was marked complete on XX/XX/XXXX and was sent to underwriting. They said there would be a decision within 30 days. On XX/XX/XXXX The XXXX XXXX XXXX contacted XXXX XXXX at XXXX XXXX ( Law firm for Fay Servicing ) both by email and phone to let him know that the loss mitigation package was complete as per his client and requested that he withdraw the Motion for Foreclosure which he had submitted to the court pending the outcome of the modification review. he said that he would. At the court appearance the following week the attorneys again discussed withdrawing the motion by stipulation. Our attorney handed a Stipulation to the attorney from XXXX XXXX who said he would return it in a few days. We did not receive it back so we contacted XXXX XXXX again and were told by XXXX XXXX that he never signed it because his client now needed an updated pay stub because so much time had elapsed that it was outdated. He also said that he had been informed that our attorney did not show up at the conference and that is why we didnt know this. We sent the updated pay stup to Fay Servicing and we sent him the conference report and stipulation showing that The XXXX XXXX XXXX was in fact at the conference to XXXX XXXX and received a phone call back from the firm saying that XXXX XXXX was no longer with the firm and they did not know what had transpired so were unable to help us. Over the next several weeks we followed up trying to get a decision on the modification before a sale was scheduled but repeatedly were told they would research why it was taking so long and get back to us. In the interim the Judgment of Foreclosure was signed and a sale was immediately scheduled for XX/XX/XXXX. On XX/XX/XXXX XXXX XXXX XXXX XXXX was informed that they were going to stop reviewing the file because the sale was less than 37 days away and that is their policy. They said that the file was again incomplete because they were now missing a pay stub for XX/XX/XXXX -XX/XX/XXXX. I explained and sent a letter that there was no pay stub for that week because I was off that week and if they checked the YTD earnings on the previous and following pay stubs it was obvious that there was no pay stub missing. They stated that it was unfortunate but they still were not going to review the file for a modification. I am now 2 weeks from a sale and they will not even reconsider the decision which was wrong for so many reasons. The application was complete months before the sale was scheduled and due to their errors it was not reviewed in time.