Consumer complaint received 2024-05-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Fay Servicing, LLC (SC)

The property located at XXXX XXXX XXXX in XXXX XXXX, XXXX XXXX  XXXX was sold and closed in XX/XX/XXXX, as shown by the original mortgage payoff letter from the mortgage holder company Fay Servicing dated XX/XX/XXXX. On XX/XX/XXXX, Fay Servicing rejected check number XXXX to payoff loan number XXXX as it was an XXXX check, and not certified. This XXXX check was issued by the buyer 's attorney ( XXXX XXXX XXXX ) who was representing the buyer of the property ( XXXX XXXX ). The aforementioned check was then mailed back to my wife XXXX XXXX XXXX and me. Being we moved from the property ; it was forwarded to our new address in XXXX XXXXa via XXXX, and we received it about a month and half later in XX/XX/XXXX. Per the attached document from our attorney ( XXXX XXXX ) he informed Fay Servicing " I disagree that the lender could not accept an attorney XXXX XXXX as our checks are as good as cash and much better and safer to send through the mail than a certified check. '' Our attorney XXXX also stated, " If Fay Servicing would not accept a attorney XXXX check, I as XXXX and XXXX XXXX attorney, should have been contacted that day on XX/XX/XXXX to explain that the XXXX check was not acceptable and then I could have requested the return of the check and had a replacement Certified check with additional daily interest re-sent out within a few days. It is completely unacceptable that the attached XXXX check was returned, not back to me as attorney but to XXXX and XXXX XXXX and the check was returned just about a month later. And now I am told that Fay Servicing is requesting additional monthly payments with interest, late charges and reported my clients to the credit bureaus for non-payment of their mortgage. '' My wife XXXX and I received a " NOTICE OF SALE OR TRANSFER OF OWNERSHIP '' document from XXXX XXXX of XXXX dated XX/XX/XXXX ( attached ). Because of this, we cancelled the homeowner 's insurance policy that day ( attached ). Right around this time, we received the attached document from Fay Servicing saying we could only speak to an individual named XXXX XXXX. After calling and leaving this individual several messages, my wife was finally able to speak to him in late XX/XX/XXXX. XXXX XXXX was very rude and unprofessional to my wife. Calling her a liar saying that we didn't receive the payoff check ( check number XXXX ) back. He also stated the only reason we would have received the check back is if it were not the correct payoff amount. Even though my wife advised him that we had the payoff letter from Fay, and the check was for the correct amount. We informed him it was returned as it was not certified, and he was adamant this was not the case, even though we had the document showing why the check was returned. He refused to listen to anything we had to say, he was just trying to get us to make mortgage payments on a house we sold and no longer-lived in. After my wife mentioned we had an attorney used to sell the property, XXXX XXXX refused to continue speaking with us, saying we needed to provide written permission for Fay Servicing to speak to our attorney on our behalf. On XX/XX/XXXX XXXX and I emailed our attorney and XXXX XXXX this authorization. Fay Servicing did not accept that, and it took Fay Servicing until XX/XX/XXXX to finally provide an actual document for us to sign, after our attorney sent several emails to XXXX XXXX that went unanswered. Our attorney XXXX received a new payoff statement from Fay Servicing on XX/XX/XXXX, that included payments due through XX/XX/XXXX, which we felt we were not legally responsible to owe based on the " NOTICE OF SALE OR TRANSFER OF OWNERSHIP '' document from XXXX XXXX of XXXX dated XX/XX/XXXX. 

On XX/XX/XXXX, we finally received a " Satisfaction of Mortgage '' document from our attorney dated XX/XX/XXXX ( attached ). My wife and I do not know what the final payoff amount to Fay Servicing was, what type of check was sent, when the check was sent, or who even re-sent the check. 

Currently, this Fay Servicing account is showing as closed on our credit reports, but it still shows history of late payments from XX/XX/XXXX on that were not legally owed by us. Had Fay Servicing and the attorneys involved handled this correctly and in a timely manner, our credit scores would not have been impacted for incorrect late payments. We have filed a dispute against Fay Servicing to the Better Business Bureau, and have also filed disputes with XXXX, XXXX and XXXX. My wife XXXX and I are the only ones suffering negative consequences due to circumstances that happened that were beyond our control or knowledge and could not be corrected by us. I feel that all of the documents I will attach prove no wrongdoing from us. No other accounts on our credit reports have a single late payment. After the complaint was filed with the BBB, Fay has REFUSED to fix anything with the credit bureaus for us. I did call XXXX and talked to someone explaining the situation and our disputes have been re-opened. Fay Servicing was a nightmare to deal with from the get-go. We had no choice but to deal with them as our mortgage was sold to them which again, was out of our control. Our attorney XXXX also sent a text message to XXXX advising he could write a letter explaining there is no fault on our end. He did so and that is attached ( file named XXXX ). 

We are now attempting to purchase a new home, and now been denied a mortgage due to this issue ( see email attached XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) where I explained this situation to XXXX XXXX, Mortgage Loan Originator.