Consumer complaint received 2023-11-23
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Fay Servicing, LLC (AZ)

Our lender Fay Servicing violated federal guidelines by refusing to offer our family any type of assistance when our income was impacted due to Covid 19. We were not offered the CARES program, we were not offered any type of forbearance, we were not given any breaks. When I informed them that my husband was XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX their agents told me that since we now only had one income we could not apply for any type of modification assistance. After being denied access to Covid relief programs by Fay we began the process of applying for the Arizona HAF program which would have paid off the past due payments to Fay. We were in constant contact with our assigned account manager XXXX XXXX and he knew we were in process with that program and in review. Even though Fay had this information, they moved forward with the foreclosure sale on XX/XX/XXXX ( we were approved for HAF on XX/XX/XXXX ) and now they are trying to evict us from our home. We feel that Fay Servicing unlawfully denied us access to Covid relief programs and then moved forward to foreclose even though they knew we were in review for a government Covid relief program. 

We bought our home in XXXX  and at the time operated a successful XXXX XXXX. Problems began in XXXX  when Covid hit and eventually our business was shut down. I contacted Fay to ask if they had any options for help at that time and since we were struggling but not delinquent was told nothing could be done. I took a job at XXXX to make ends meet and we kept scraping together the mortgage payments. In XX/XX/XXXXXXXX  XXXX got very sick due to XXXX which turned into other major health issues due to XXXX in the XXXX and XXXX XXXX caused by long XXXX which resulted in XXXX XXXX XXXX XXXX XXXX XXXXXXXX. We used up all of our savings and sold off our assets to keep up with the mortgage payment because Fay Servicing refused to offer any type of assistance. 

When we started missing payments I called Fay to ask for help since we were delinquent and was again told that they did not have any programs to help us due to XXXX related income loss. I told them that I had the money for two past due payments and attempted to make a payment but was told they would only accept three payments. At that time I asked if we could apply for modification and they said that since I was the only one working they would not even look at the paperwork. I believe this is a violation of guidelines for Fay as a mortgage servicer.

Due to my husbands health issues I am now a XXXX XXXX XXXXXXXX  for my husband, who is now suffering from XXXX XXXX  XXXX. We applied for and were in the approval process for Arizona HAF prior to the foreclosure sale date and we informed our account manager XXXX XXXX but Fay moved forward with the foreclosure sale on XX/XX/XXXX, even though we were in review process with HAF who approved our application on XX/XX/XXXX and were reaching out to Fay to obtain reinstatement figures so that we could save our home. Instead of rejoicing due to this government Covid program, we are facing eviction due to the continued unethical servicing practices of Fay Servicing. 

At this time Fay is sending out people to try and change the locks on our home and kick us out. I informed Fay that there is major water damage to our home. We had to have the carpet removed and the walls cut out to remove the mold from the structure. This house could not pass a property inspection and is not fit for sale on the market. We believe this to be a wrongful foreclosure and would like your agency to investigate the matter. Thank you