Consumer complaint received 2021-02-18
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Fay Servicing, LLC (CA)

This is a complaint against Fay Servicing Executives President XXXX XXXX, XXXX XXXX XXXX Account Management at Fay Servicing, and their unlawful foreclosure lawyer XXXX XXXX from the foreclosure mill law firm of XXXX XXXX XXXX XXXX XXXX located at XXXX XXXX XXXX, XXXX XXXX XXXX XXXX CA XXXX. 
The complaint is pursuant to Consumer Financial Protection Bureau ( CFPB ) own published guide lines for financial fraud, scams and exploitation, to include Mortgage Fraud against XXXX XXXX XXXX and XXXX XXXX XXXX, senior citizens. 

The civil and criminal violations of the above mentioned accused/defendants are also supported by the Gramm-Leach-Bliley Act, The Senior Safe Act, and current US Department of Justice ( DOJ ) guidelines which mandates financial abuse of older adults must be reported local, state and federal authorities for prosecution. There is also a component of this investigation which mandates referrals to the Internal Revenue Service ( IRS ) The Controller of Currency, and Department of Justice Criminal Division. 

Statement of Facts : Victims XXXX XXXX XXXX and XXXX XXXX XXXX XXXX mortgage account was defrauded by XXXX XXXX XXXX in a bait and switch Loan modification scam. Which XXXX XXXX Mortgage refused to correct, the debt which remain in dispute resulting in massive increase in the mortgage payments. Complainants as senior citizens were forced to file XXXX XXXX bankruptcy to save their home of 17 years from unlawful foreclosure. Once XXXX XXXX was filed and payment scheduled by the Trustee. XXXX XXXX deceptively transfer our mortgage account to Fay Servicing, becoming a third party to a debt that was in dispute with XXXX XXXX Mortgage. 
On XX/XX/XXXX, Fay Servicing filed a false claim with the XXXX XXXX XXXX  XXXX showing high balance owed on the mortgage, there increasing our pre-arranged monthly payment to an unaffordable amount. ( See attached False Claim Exhibit A ) On XX/XX/XXXX, Fay Servicing was notified in writing ( see attached Exhibit B ) for a Debt Validation Request to their new account number XXXX pursuant to Fair Debt Collections Practice Act ( FDCPA ) Validation of debts. Our letter was ignored as Fay Servicing continue to unlawfully collect on the account. Subsequent to continue harassment by Fay Servicing employees we sent a cease and desist dated letter dated XX/XX/XXXX to no avail. ( See attached exhibit C ). 

Fay Servicing immediately began foreclosure process on our home promising work-out options pursuant to Consumer Protection Act of XXXX, and California Home Owners Bill of rights but never made in attempt to prove such assistance ( see attached Exhibit D ). 
Fay Servicing Executives President XXXX XXXX, XXXX XXXX XXXX Account Management at Fay Servicing, and their unlawful foreclosure lawyer XXXX XXXX dupe us into believing that they were going to help us but continue with the deceptive emails attached herein as Exhibit E ) up to the last day the unlawfully foreclosed on our home on XX/XX/XXXX. It should be noted, Fay Servicing sold our home that was valued in the high {$700000.00} for only {$630000.00} and then fraudulent reported {$770000.00} to the IRS on form XXXX mailed to us. 

Even as we try to obtain a restraining order from the XXXX XXXX to stop the foreclosure, XXXX XXXX file false declaration in Case number PC XXXX ( Exhibit F ) claiming he had advised us of a 7 day cut-off- for loan modification submission when in fact XXXX XXXX never provide us with any documents to beginning the loan modification process. 

Even as the civil law suit against Fay Servicing continues in XXXX XXXX XXXX XXXX XXXX XXXX Case NO : PC XXXX for unlawful foreclosure Fay Servicing and its foreclosure lawyer XXXX XXXX continue to lied to the court in an attempt to evict us from our home during the XXXX pandemic. 

Attorney XXXX, using a proxy lawyer XXXX XXXX XXXX from her law firm proceed and file a frivolous Unlawful Detainer in an attempt to evict us from our home in the middle of the XXXX Pandemic. 
Fay Servicing and their lawyers, continues to engage in unlawful conduct by dispatching sketchy individuals to intimidate us into vacating the property. There are home surveillance video trapes and witnesses one a law enforcement officer who can attest seeing the criminal harasser on the property. 

In summary the CFPB published on its own website of taking action against Fay Servicing for Failing to Provide Mortgage Borrowers with Protections against Foreclosure. It now appears during the Trump administration, XXXX XXXX XXXX and others at Fay Servicing feel embolden no action would be taken against them due to their quasi relationship with Trump appointed CFPB leadership. 
More importantly Fay Servicing and its unlawful foreclosure mill law XXXX, XXXX XXXX XXXX firm are both recipients of the, Cares Act ) Stimulus ) while using Tax payers money to unlawfully foreclosed on seniors homes.