Consumer complaint received 2018-03-21
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Fay Servicing, LLC (SC)

We purchased a lot and built a home XX/XX/XXXX and moved into our home in XX/XX/XXXX with a mortgage  through XXXX XXXX XXXX. 5 years ago, I fell and XXXX my XXXX  and my XXXX became XXXX   XXXX and required XXXX as well as extensive XXXX   XXXX. At the time, we did not have health insurance, and this put a great financial burden on us. In addition, we have a business that has had some hardship in the last few years. When we became behind in our house payments, we were not allowed just make one or two payments or partial payments to try to catch up, its all or nothing. We got behind on our house payments and when we tried to talk to XXXX  XXXX XXXX about a loan modification, they would not talk to us about our options until our payments were caught up. Through great hardship and the determent to other financial obligations, we were able to catch the payments up in XX/XX/XXXX.  We tried for several months to get the paperwork started for loan modification with no luck. 
About XX/XX/XXXX, we were served foreclosure hearing papers. I immediately met with a bankruptcy attorney that I knew to see what I could do to keep the foreclosure from happening. She had several suggestions that I could do before using bankruptcy as a last resort as I wanted to avoid this if I could. She suggested I contact the attorney handling the foreclosure, which was XXXX XXXX XXXX. I sent in all the paperwork for starting a loan modification that they asked for but didnt hear back from them. I was in contact with XXXX XXXX XXXX, the lender of both the first mortgage and second mortgage and was told by XXXX XXXX, our account manager, to do a loan modification but to go through her and not the attorneys. She sent us the paperwork and we filled them out and sent in the paperwork they asked for. The paperwork never seemed to be the correct paperwork and they would ask for additional paperwork, many of which were not relevant such as Foreign Exchange P & L, officer compensation, P & L for a company that was no longer in business. All income for both of us were included in our tax returns that we provided, and we told them as much. This was over the course of several months and many conversations with not only XXXX XXXX, but others when she wasnt available. At one point this past fall, XXXX would say our mortgage was sold and when I questioned this, she would look further and avert the conversation and we would continue working on the modification. This happened several times and finally, she told me that our first mortgage had been sold to Fay Servicing. When I questioned this, she told me she was not obligated to inform me, that it was Fay Servicings job to send us a letter. XXXX XXXX XXXX continued to hold my home equity or 2nd mortgage. I thought that the modification and paperwork would be applied to both accounts and one agent I talked to told me it should, but it wasnt. 

I immediately started working with Fay Servicing and my account manager is XXXX XXXX. I began modification paperwork and collecting required paperwork, although I was told by XXXX XXXX XXXX that all that would be forwarded. Again, what I would be asked for and turn in never seemed to be correct. One point they seemed to be stuck on was that I was listed as clerical on our tax returns and they felt this was a separate business and wanted a XXXX when in fact it was a job position and the income was listed on our tax return. On the next to the last phone call I got from XXXX, she told me my paperwork would expire onXX/XX/XXXX and I would have to reapply. The last of the paperwork was a XX/XX/XXXX P & L, signed and dated on each page with the dates XX/XX/XXXX through XX/XX/XXXX clearly written, XXXX form with the correct box checked and proof of homeowners insurance. On XX/XX/XXXX I called XXXX XXXX and at first, someone she was training answered the phone and I tried explaining to him, but XXXX finally got on the phone and I told her I was checking that everything was complete since that was the deadline. She said I still didnt have the correct box checked on the XXXX and P & L was not correctly stated so I told her Id resend and call her back. I resent the correct forms in 2 emails and called her back to make sure we had everything we needed that same day. She checked her email and said yes and said she would update everything right then since we were on a deadline. On XXXX XXXX, I believe this is the correct date, XXXX  called me back and told me they could not move forward on the modification because there was a sale date on our house and it was within 38 days. I did not understand what she was talking about and assumed we had a foreclosure date. I asked her if she could tell me why my modification was denied, and she said it wasnt denied and would not continue because a sale date was within 38 days. She told me she could not give me advice but that she would request reinstatement amounts and since it would take time to get it and mail it to me and we didnt have time, she would email me when she got it. I have not received them yet. I called XXXX back to find out who foreclosed so Id know who to talk to, but my call went to voicemail. I called again the next day and again it went to voicemail, so I asked to speak to another agent as time was limited. The man I talked to told me my modification was denied because my paperwork was not turned in on time. When I told him, it was and that I had talked to XXXX to verify, he told me that they did not have to continue with the modification because the sale date was within 38 days and they were not required to inform me. He told me that just because I turned it in on the due date didnt mean it got to the underwriters on time. On XX/XX/XXXX, I spoke with XXXX XXXX at Fay Servicing because XXXX was not available. I told him I was looking for our loan balance and reinstatement amounts. He looked it up and said that the reinstatement paperwork came in and told me it was {$45000.00}. I explained that XXXX said shed email the paperwork since the sale date was so close. He said that the paperwork was only interoffice, and he couldnt release it but that it had been mailed to me, which I have not yet received. I asked him to please get XXXX to get back with about this and she has not. 
In late XX/XX/XXXX I got a foreclosure letter from XXXX XXXX  XXXX with a date of XX/XX/XXXX. I contacted XXXX   XXXX XXXX because they were the ones listed on the foreclosure letter and was told that if I could bring my 2nd mortgage to date, it would stop the foreclosure while I worked with Fay Servicing on the loan modification. During this conversation, I was  forwarded to no less than 4 departments and the last department I talked to told me this and wanted payment over the phone but would not take my debit card, would only take account information with routing number and account number. I could not provide this, so she put me on hold and told me since my account was so close to foreclosure, I needed to get a cashier check and take it to a XXXX XXXX XXXX branch and ask them to send it interoffice mail and that would stop the foreclosure. I got a cashiers check for the correct amount of {$3900.00} and went to a local bank on XXXX XXXX XXXX. I talked to the customer service rep and he told me he didnt think that this was the most efficient way to process that, so he asked me if I had time for him to inquire about this. So, he called and was also transferred to 4 or 5 different people who he explained the circumstances to and was finally told to post it through the teller. He did this, and its posted, and my account is current until XX/XX/XXXX. 
After speaking with XXXX on XX/XX/XXXX, I called XXXX  XXXX XXXX and spoke with XXXX. I explained my situation and although this was not his department, he put me on hold and check around until he found someone that would help him, it took over an hour. He told me he had turned it over to a colleague and that he would contact XXXX XXXX  XXXX and get back with me, I have not heard back from him. 
It has been the most frustrating and painful experience I've ever had. I believed XXXX XXXX  XXXX when they said the foreclosure would be cancelled and didn't go to the foreclosure hearing and now have a sale date on my home on XX/XX/XXXX. All I needed to do was set something up to come out of a very bad time and felt I was betrayed. Now I am being forced to file for bankruptcy to try and keep my home for my family and children. When all I needed was time to makeup back payments while continuing with current payments. And XXXX  as well as Fay Servicing has made it impossible to do that because it's all or nothing and the modification process is so long and so many roadblocks are put into place that it makes it impossible. There is no reason that this had to get this far. We've been customers for over 20 years and only needed clear support and directions, not the run around until it was too late. I am very disappointed in a company that I have placed my faith in for most of my adult life. 
We now working on filing bankruptcy but feel that this could all have been avoided if both XXXX XXXX XXXX and Fay Servicing would have just told us what we needed and not give us the run around. It has caused so much unnecessary stress and financial hardship.