Consumer complaint received 2024-04-12
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Fay Servicing, LLC (FL)

My name is XXXX XXXX XXXX. I am the administrator to the XXXX XXXX XXXX XXXX XXXX which is doing business with a corporation known as Fay Servicing LLC. FAY SERVICING LLC is falsely billing me with the words " Recoverable Corporate Advances ''. I live in the State of Florida. They have been found to be misrepresenting the facts and practicing unfair business in two state cases ... ... XXXX vs Fay Servicing LLC and XXXX vs. Fay Servicing LLC. 

Your Board also has full knowledge of these exploits as you had an entire department investigating them... here.

CFPB ATTN.OCFO Fay Servicing XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Dates of issue XXXX - Current I paid them off in full from their payoff statement on XX/XX/XXXX. They returned the money 2 days later. On the night they were paid in full they called circumventing the attorney and ultimately demanding another {$18000.00}. A round number. They are trying to foreclose on my house later this month showing they want the house not the money. They also sent a monthly payment stub approximately {$90000.00} higher. Their billing is either incompetent or intentional. 

Extensive additional information. 

Well, this corporation didn't listen to you and they're flaunting it. They're trying to take my home based on the same things they did then and this continuing till XX/XX/XXXX. I will provide you with the signed contract. My affidavit of fact and the criminal content of the bills, which they are still doing in the exact same words that you told them to stop doing and through Tacitus procanaria, they remain silent. When faced with these charges and thus admit it as any allegation that stands unrebutted stands. As fact so the fact is, they're continuing. With criminal behavior. 

Here are some of the violations. They are continuing with besides the Recoverable Corporate Advances false language. : 1. S.s. 2605 of RESPA Governs the servicing of mortgage loans and administration of escrow accounts.

2605 ( k ) Implicates regulation X by providing : " ( A ) servicer Are they federally related mortgage Shall not fail to comply with any other obligation found by. The consumer financial bureau of protection. By regulation to be appropriate to. Carry on the consumer protection purposes of this chapter '' ( see 12 USC 2605 ( K ) ( 1 ) ( b ) Regulation X clearly states That disclosures Must be clear and conspicuous in writing and in a form that the recipient may keep '' 12 usc 1024.32 ( a ) ( 1 ) Upon a borrower 's request for information. R f I relating to the servicing of the loan, 1024. 36 requires services to respond by : ( i ) providing the borrower with the requested info and contact information including a telephone number for further assistance in writing .... 

( ii ) Conduct a reasonable search for the requested info and providing the borrower with written notification That states that the servicer has determined that the requested information is not available to the service or provides the basis that is. The determination of the servicer and provides contact info including a telephone number for further assistance ''. 

Fay has complied with none of the above. But they have threatened me to pay the bill or face losing my home.

FAY has also violated this .... 

12 CFR 1024.36 ( d ) ( 1 ) ( i ) ( ii ) And 1024.38 .....

( 1 ) Accessing and providing timely and accurate info to a bar or as required by this support or applicable law .... 

" Recoverable Corporate Advances " violates this as Facia evidence. 

( iii ) Provide a borrower with accurate and timely information and documents in response to the borrower. Request for information with respect to the borrower 's mortgage loan. '' " Recoverable Corporate Advances '' violates this. If a loan servicer violates 2605 an aggrieved party may recover any actual damages. The borrower has been inflicted as a result of the failure and the any additional statutory damages as the court may allow. 

12 USC 2605 ( f ) ( 1 ) Faye has been sanctioned for these in the following violations of regulation x and respond the consumer financial Board also Found Fay and violations of RESPA including 2601 and Regulation X 12 CFR part 1024. 

Faye has once again with me. Repeated the prohibited foreclosure action against borrowers and violation of 12 CFR 1024.41 ( g ).

12 CFR 1024.38 ( a ) and ( b ) ( 1 ) ( v ) with no timely acknowledgement.

12 CFR 1024.38 ( a ) and ( b ) ( 1 ) ( v ) no notice The service failed to state in the acknowledgment notices a need for additional documentation. Documents and information from borrowers to make their loss mediation correct ... .Fay violated that ... .12 CFR 1024.41 ( b ) ( 2 ) ( i ) ( b ) Regulation x requires so. Services to have procedures and policies in place reasonably designed and constructed to ensure. The service of this can submit documents or filings required. 48 foreclosure process including documents and filings ... ... required by a court of a competent jurisdiction that reflects accurate and current information and that comply with applicable law .... Fay Servicing LLC did not do that. 

Your board also found fault recently with another scheme. That they're still practicing on me ... .... The unjust civil lawsuit using these false billings. As a pretext which Faye was found guilty of very recently by your board in the lack of acknowledgments and notices to borrowers like the XXXX XXXX  XXXX XXXX, which I am a victim of which is an unsubstantiated and false lawsuit in civil court at this very moment. Fay Servicing LLC is still taking the same unjust actions. This consist of unlawful bills after being told to cease from continuing in order to seize my property falsely. 

Previously, your board acknowledged that borrowers Who have not received fair treatment from Faye are entitled to damages from concrete injury ... ..... According to your board, < 2 years ago. 

I have met. 

The following criteria. That the board had previously said was damages and a need of being compensated ..... 

1. ) No evaluation notice 2. ) No Acknowledgement notice. 3. ) Notification to borrower th
at Faye must not take foreclosure actions against the affected consumer during the outreach and solicitation process of the consumer upon being served with the evaluation and acknowledge notice. Borrower may submit a lost mitigation report in response to Fays solicitation within 60 days, and Fay must not take any foreclosure actions against the affected consumer till then. During the last mitigation process, Faye also was ordered to develop and implement policy and procedures that ensure borrowers are appropriately protected from prohibited foreclosure events in accord with ... ..12 CFR 1024.41 ( f ) ( 2 ) and ( g ).

Furthermore, They have been found guilty in court on these same things in the State of Florida for the same issues that they're trying to employ on me now. See XXXX vs. FAY SERVICING LLC and XXXX vs FAY SERVICING LLC. They were told to stop using false language like the Recoverable Corporate Advances which is what they're trying to use to take my home. 

They have also broken the FDCPA 's Bonafede defense clause .... 

A borrower 's RIGHT to discover a loan servicer 's risk coverage. Reports, as possibly relevant to the fair debt collection practices act Bonafede error defense.. 

This is also an article three violation of my constitutional rights according to XXXX vs FAY SERVICING LLC and XXXX vs. XXXX. 

I am asking that your file be recovered that dealt with them to see if they have corrected their mistakes ... .file # 2017-CFPB -0014 In the matter of Fay Servicing consent order .

I would also like to point out that they breached the contract precedent Based on " '' Recoverable Corporate Advances " XXXX vs. FAY SERVICING LLC ( XXXX AND XXXX ) This was based on the overstepping of charges ... ..also reference : XXXX XXXX  XXXX XXXX XXXX ( s.S.40.06 ) Right now they have put false testimony into a civil case against me, which is being upheld with hearsay and false data from the bill .... Recoverable, Corporate Advances. 

A complaint survives a motion to dismiss if it states a claim to relieve that is plausible on its face. In other words if it's factual allegations allow a court to draw a reasonable inference that the defendant is liable for the misconduct alleged .... 

Faye has full knowledge of what they're doing because they were told to stop so beginning middle and end of story. They're still using this false language to try to take my home through deception and unfair business practices and I demand that it stop and I'm willing and eager to file criminal charges along with a civil complaint. I will include a affidavit of fact to back up my claims through proof of claim and take the appropriate civil and criminal counter action and consumer action to enact a criminal charge and hold them accountable as they know exactly what they do because they were told to cease and desist but have refused to do so. 

FDCPA Provision. 

Prohibit a person from making false or misleading statements or misrepresentations in connection with the collection of any debt and from using unfair or unconscionable means of debt collection ... .15 usc 1692 ( e ) ( f ). 

They have notably violated this as they were told to stop doing it before. Our XXXX circuit court has recently ruled on a case regarding Fay Servicing ... XXXX  vs. FAY SERVICING LLC. In this case, the court determined that TILA encourages lenders to give borrowers info about their loan information. That is useful only if it is accurate and fair. As the f DCP a requires conversely, when services use periodic statements to collect the debt, they can be held liable for any damages and any misleading or unconscionable representation. They make in those statements .... ''. 

I am the owner and administrator of the XXXX XXXX XXXX and not relying on risk or information injuries to confer standing .... 

Rather as Administrator for the XXXX XXXX XXXX Im attempting to abide by law in an attempt to settle all valid evidence-based debts and accounts. The XXXX XXXX XXXX alleges that Fay and their associates collective efforts cause injury. Such injuries can be concrete as identified by Congress as a legally cognizable harm reference : XXXX  ( XXXX XXXX XXXX at XXXX ) That is what Congress did in the FDCPA and which action Florida much like The Consumer Financial Protection Board supported. 

The statue allows individuals to recover. Any actual damages sustained because of a violation of 15 USC 1692 ( k ) ( 9 ) ( XXXX ) .... And actual damages under f d c p a include damages for emotional distress ... .reference : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX  XXXX ) .... Not ironically, the XXXX circuit. Court, which reprimanded Fay in several cases, made the determination in this matter. 

I XXXX XXXX XXXX also state emotional harm which gives me article XXXX standing in the XXXX  Vs. Fay Servicing LLC also. 

" Congress often requires companies follow overlapping rules and courts can not then ignore those rules. Instead, they must give effect to each one because the 2 statutes here, both federal and state in fact, work together. We hold that face servicing must comply with both TILA AND FDCPA STATE LAW .... '' Lastly... I would like to post the following contract violations over and above the long list of previous violations. 

1. ) # 14 ON CONTRACT .... Loan charges .... " A lender must not charge fees that are expressly prohibited by the security instrument or by applicable law '' They did that exactly by violating TILA 15 USC 1692 ( E ) AND ( F ) 2 ) LETTER " O '' ... .RESPA ... AND REG X 3. LINE " D '' SUCCESSOR : " Any party who has taken Title to The property, whether or not the party has assumed borrowers obligations. '' I XXXX XXXX am both the holder and administrator through holding a quiet title and administrator of the trust for the XXXX XXXX XXXX ... his mother and borrower. 

I wish to follow this up by submitting the affidavit of fact. And cooperating with the federal government and a full investigation of which. I will produce direct evidence as well. 

Thank you for your time and look forward to hearing from you in the near future .... 

XXXX XXXX XXXX, Consumer and Administrator to the XXXX XXXX XXXX XXXX XXXX, an entity doing business with Fay Servicing LLC, A corporation licensed to do business In the state of Florida.