Consumer complaint received 2024-04-16
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Fay Servicing, LLC (AL)

Tue, XXXX XXXX A wrongful foreclosure has occurred. My property is address XXXX XXXX XXXX XXXX, AL XXXX. You are listed in conjunction with wrong doings listed below. I request a full servicing file with any other information you have on my property. In your previous response you to provide me with what I ask for, lots of blank papers was sent Multiple laws have been broken, Alabama law Section 35-10-14, ( a ) The sale was not at main court house. I was there entire day, I have video, photo, telephone records, to back my claim. 

( b ) XX/XX/XXXX, I was dropped off by my friend, XXXX XXXX before XXXXXXXX XXXX. and picked up by my daughter XXXX XXXX, and her husband XXXX XXXX at XXXXXXXX XXXX I have proof. All will testify to this fact. 

( c ) The sale of my home was not held on XX/XX/XXXX, prior to this date aldridgepite.com stated a bid of {$79000.00} on their website. 

( d ) The sale of my home never changed hands. 

( XXXX } I should have been afforded the right to bid and purchase along with the general public. 

Multiple RESPA / TILA violations have occurred in respect to disclosures, servicing, accounting refusing payments, escrow, pay-off, fees, insurance, throughout the history of loan see previous filing, have records at The Alabama Attorney Generals office. 

I call into question, validity of loan, and the right to those whom foreclosed. 

According to 18 USC 152.157 and 3571, a person that files a false claim could be fined up to {$500000.00} imprisoned up to 5 years or both, which has occurred see attachments. 

According to XXXX  XXXX Bankruptcy filings 11-00337, 20-11182-JCO-13, and 21-11360-JCO-13, all in the Southern District, Mobile , AL. According to Land Records recorded and filed in Mobile County Probate, according to Instrument # XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX AFFIDAVIT OF ERRONEOUS ASSIGNMENT OF MORTGAGE recorded XX/XX/XXXX states, Instrument # XXXX, in XXXX  XXXX XXXX XXXX XXXX XXXX 

Instrument # XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX, was used in case XXXX, Claim XXXX, Part 2, Filed XX/XX/XXXX, XXXX MORTGAGE Instrument # XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX was used in case # XXXX Claim XXXX XX/XX/XXXX, XXXX MAIN DOCUMENT, by Fay Sevicing, LLC signed by XXXX XXXX, in Bankruptcy, after filing it was ERRONEOUS documentation in XXXX. 

Instrument # XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, was used in case # XXXX as exhibit 2 multiple times XXXX XXXX XXXX XXXX Assistant Vice President of Bankruptcy, XXXX XXXX XXXX and ERRONEOUS XXXX XXXX, with a loan transaction dated XX/XX/XXXX. 

The listing of creditors within last two bankruptcies XXXX, XXXX, show the 2nd Mortgage 20 %, securing deed and title of home, the % 80 creditors would split up claims, XXXX XXXX XXXXXXXX, Fay Serving XXXX XXXX XXXXXXXX XXXX XXXX and XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

In the first bankruptcy, 80 % securing deed and title BAC, LP, 20 % BAC, XXXX transfered, to Real Time Soulutions. 

XXXX Both of my loans originated in XXXX, my 80 % Countrywide/ XXXX XXXX XXXX XXXX XXXX was Inactive as of XXXX, XXXX XXXX Probate original Instrument # XXXXXXXX XXXX XXXX XXXX XXXX  Deed Instrument # XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX REAL EXHIBIT " A '' XXXX XXXX XXXXXXXX, now Inactive in XXXX reflected active XXXX Bank of New York My home XXXX XXXX XXXX XXXX XXXX XXXX. 

Original Loan # XXXXturned to XXXX & XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX Fay Servicing, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX Matter of : XXXX XXXX and XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX AL XXXX Account Number # XXXX R.E.S.P.A. QUALIFIED WRITTEN REQUEST Dear Sir or Madam : Please treat this letter as a qualified written request under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605 ( e ).

Specifically, we are disputing a ) the identity of a true secured lender/creditor, and b ) the existence of debt, and c ) your authority and capacity to collect on behalf of the alleged lender/creditor. Because of extensive criminal activity and fraud in this arena, we require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor. Further, we require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor. 

Pursuant to Subtitle XXXX Mortgage Servicing of the XXXX XXXX XXXX Reform and Consumer Protection Act and pursuant to XXXX U.S.C. Section XXXX ( XXXX ) ( XXXX ) ( A ) and XXXX. X Section XXXX ( XXXX ) ( XXXX ), please provide : XXXX. A full, double sided, certified true and accurate copy of the original promissory note and security instrument and all assignments of the security instrument. 

XXXX. Full name, address and telephone number of the actual entity that funded the transaction. 

XXXX. Full name of Trust where the Note Number is trading, or has traded, and the identifying XXXX of Certificates. 
( Note : If the note number is being traded in a XXXX XXXX XXXXXXXX or XXXX XXXX XXXX, please provide all information to identify the Trust ( i.e. Fannie Mae XXXX XXXX, XXXX  Number, XXXX or XXXX XXXX XXXX and Trust Class/Tranche ). 

XXXX. Full name, address, and telephone number of the Trustee. 

XXXX. Full name, address, and telephone number of the Custodian of my original Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641 ( f ) ( 2 ) of the Truth In Lending Act.

6. Full name, address, and telephone number of the Custodian of my original Security Instrument, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641 ( f ) ( 2 ) of the Truth In Lending Act. 

XXXX. A physical location ( address ) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents. 

XXXX. Full name, address and telephone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for this account. 

XXXX. The electronic MERS number assigned to this account if this is a MERS Designated Account. 

XXXX. Proof of true sale of the note from alleged Lender to investors, by showing : Wire transfer document ( s ), and/or Signed purchase and sale agreement ( s ), Bank statements or similar documentation. 

XXXX. The MERS Milestone Report, if the note number and security instrument was tracked by Mortgage Electronic Registration Systems. I want to see the audit trail of the alleged transfer in ownership and alleged transfer in security interest. 

XXXX. A complete audit history from alleged loan origination, showing the dates payments were applied, and to what internal accounts ( i.e. principal, interest, suspense, escrow, etc. ) payments were applied. 

XXXX. A complete and itemized statement of all advances or charges against this account. 

XXXX. A complete and itemized statement of the escrow for this account, if any, from the date of the note origination to the date of your response to this letter. 

XXXX. Have you purchased and charged to the account any Force-Placed Insurance? 

XXXX. A complete and itemized statement from the date of the note origination to the date of your response to this letter of the amounts charged for any forced-placed insurance, the date of the charge, the name of the insurance company, the relation of the insurance company to you or a related company, the amount of commission you received for each force-placed insurance event, and an itemized statement of any other expenses related thereto. 

XXXX. A complete and itemized statement from the date of the note origination to the date of your response to this letter of any suspense account entries and/or any corporate advance entries related in any way to this account. 

XXXX. A complete and itemized statement from the date of the loan to the date of your response to this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan. 

XXXX. A statement/provision under the security instrument and/or note that authorizes charging any such fee against the account. 

XXXX. Copies of all property inspection reports and appraisals, broker price opinions, and associated bills, invoices, and checks or wire transfers in payment thereof. 

XXXX. Complete copy of any transaction report ( XXXX ) indicating any charges for any " add on products '' sold to the debtors in connection with this account from the date of the note origination to the date of your response to this letter. 

XXXX. Complete and itemized statement of any late charges added to this account from the date of the note origination to the date of your response to this letter. 

XXXX. Complete and itemized statement of any fees incurred to modify, extend, or amend the loan or to defer any payment or payments due under the terms of the loan, from the date of the note origination to the date of your response to this letter. 

XXXX. Complete, itemized statement of the current amount needed to pay-off the alleged loan in full. 


XXXX. Verification of any notification provided to me of a change in servicer. 

You should be advised that within FIVE ( 5 ) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY ( 30 ) DAYS to fully respond as per the time frame mandated by Congress, in Subtitle E Mortgage Servicing of the XXXX XXXX XXXX Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605 ( e ) ( 1 ) ( A ) and Reg. X Section 3500.21 ( e ) ( 1 ).

TRUTH IN-LENDING ACT 131 ( f ) ( 2 ) Pursuant to 15 U.S.C. 1641 ( f ) : Please provide the name, address and telephone number of the owner ( s ) of the mortgage and the master servicer of the mortgage.

You should be advised that Violations of this Section provide for statutory damages of up to {$4000.00} and reasonable legal fees. The amendments also clearly provide that the new notice rules are enforceable by private right of action. 15 USC 1641 XXXX XXXX XXXX XXXX