Consumer complaint received 2019-03-22
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Fay Servicing, LLC (CA)

On XX/XX/2016 I was involved in a car accident. While still in recovery my home was flooded on XX/XX/2016. The abatement company that worked in my home, cross contaminated my house with mold and asbestos by XXXX XXXX XXXX. I was living in my home not knowing that I was being fully exposed to contamination. For more than a year I lived out of a suitcase. I was allergic to the chemicals they used to contain the contamination, which seriously jeopardized my health. The health complications compounded to the injuries sustained in the car accident, led me to close my business causing an extensive decrease in my income as well as increases in my expenses. Furthermore, it depleted my entire life savings. Prior to all this, I had excellent credit rating, and I had never defaulted in my mortgage payments. I attempted to refinance prior to falling behind on my mortgage payments, but because of the negative equity and many mortgage financing programs not being available any longer, I was unable to get help. At this point, I'm renting rooms in my home which will allow me to afford a modified mortgage payment. In addition, I've been proactive in successfully cutting out all the non-essentials in my life to be able to bring down my expenses. Furthermore, I've secured a part time job since I'm still recovering from the toxicity in my body, and can't work full time. I was not a victim of the fires in California per se, but the results have been the same, because I've been a victim of chemical burning and contamination. At this point, Fay Servicing is adding fees of {$1600.00} a month to a monthly mortgage payment of {$3000.00}. These fees Fay Servicing is adding, plus my own re-arrears has mounted to a debt of {$98000.00} in late payments. I would like XXXX XXXX XXXX ( owners of my loan ) to consider putting these re-arrears at the back end of my loan, to give me the opportunity to keep my home. This would allow me to have a fresh start. I've talked to a HUD adviser, we went over my monthly expenses and monthly income. He figured out that after paying all my monthly expenses, I still have about {$700.00} dollars left in income. He said that he didn't understand why my lender refuses to work with me, when it's clear that given the opportunity, I could start making my monthly payments. SIDE NOTE : At this point the master bedroom in my home is completely sealed, since it's believed to be contaminated with mold and asbestos. I have not taken care of it, because I don't want to invest money in a house that the bank refuses to let me keep. The lender will have to disclose the history of contamination to potential buyers, if they decide to take the house away from me. The estimate to bring this room back to normal, including the laundry room which is bare because all the cabinets were removed due to contamination, will be over $ 25K. The estimate that I'm submitting here, does not include all the walls in the master bedroom shower and master bedroom closet that will have to be tore up, to remove the mold. This estimate was given to me verbally by another restoration company. Also, the room will require to be re-tested post clean up, to make sure that no contamination is present anymore ( see attached estimate ). In addition, the house is in need of a new roof. The estimate I got from a licensed contractor is for $ XXXX. The house is also in need of new appliances, stucco repairs, bathroom repairs ( 2nd bathroom in the house ). All in all, it'll take over $ 50K in expenses to bring the house back to normal. The lender is saying that my house is worth $ XXXX, and I don't agree to that. The real value of the house is about $ XXXX. This is the value that XXXX gave to my house a few months ago. The comparables that Fay Servicing has sent me, show homes that have been totally remodeled. This is an old neighborhood, and all the houses that have gone on the market have been totally remodeled. I know because I've been to my neighbors ' homes. I've asked Fay Servicing to have my home inspected inside, but my account manager with Fay Servicing said that first I need to sign the Deed-In-Lieu of Foreclosure offer, which is the only option that they have given me at this point. I find this to be unfair to say the least. They didn't even review my Borrowers Assistance Form. If they had, they would've asked for bank statements, rental agreements, pay stubs, etc. They never asked for anything. They only sent me a letter saying that I have until XX/XX/XXXX to accept the Deed-In-Lieu offer. Otherwise, they will start foreclosure of my home. I feel that I'm being discriminated against, and taken advantage of because I'm a single female and minority.