Consumer complaint received 2021-10-26
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: Fay Servicing, LLC (MA)

Back in XXXX, we fell for a scam from someone claiming they could reduce my monthly mortgage payments. When it was discovered it was a scam, we were behind in our monthly mortgage payments. 

Fay Servicing, our mortgagee company worked out a plan where we would pay approximately {$380.00} extra a month for 5 years/60 months to repay what we had fallen behind, including penalties, interest ect. We began making the new payments in XX/XX/XXXX. 

In XXXX of this year, we received a call from our Account Manager asking us to make extra payments as he claimed we had fallen behind on our payments. Knowing we had never missed a payment, we asked which payments were missed and when. He was going to check into it and send us something. We requested a full billing and payment history. 

On XX/XX/XXXX we made our XXXX payment, which should have been our final payment under the re-payment plan. Payment was made by y phone. The payment cleared our bank on XX/XX/XXXX. 

In XXXX, we received a check from Fay Servicing in the amount of a monthly mortgage payment. Thinking something was wrong with our account, we called Fay and were assured this was not the return of a monthly payment, but an escrow overpayment return. They are allowed to keep only so much money in the escrow account. 

On XX/XX/XXXX, we called Fay to make our XXXX mortgage payment, but was told our payment couldnt be accepted because our mortgage was in foreclosure. We immediately started to call our account manager to find out what was going on. On XX/XX/XXXX we was finally able to speak with him and were told the foreclosure was on hold and under review. We again requested a complete copy of our billing and payment history. Not receiving it, we continued calling and leaving voice mail messages that we still hadnt received the paperwork. 

We then received a letter from Fay dated XX/XX/XXXX stating that we did not make our XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX and XX/XX/XXXX payments. They were demanding that we pay {$13000.00} by XX/XX/XXXX. 
I again began calling and finally spoke with another rep who e-mailed me copies of my billing history showing the payments had all been made. 

We continued calling our account manager and finally got him on XX/XX/XXXX. He told us what we was sent was wrong, it was only supposed to be 5 pages, not the 9 pages we received by e-mail even thought it was clearly marked as our account. He again promised to mail us the billing payment history ( he claimed he couldnt e-mail it to me as it was against company policy even though the other agent did ). He claimed someone ( not them ) made a mistake in calculating what was owed which is why our account is showing behind. He couldnt explain how, but that with the way our payments were being applied, our account was showing we were 6 months behind. 

Not receiving anything, I continued to call about our payment history, which we finally received on XX/XX/XXXX after speaking with another rep on XX/XX/XXXX. These records did not show our first 3 payments, XXXX, XXXX and XX/XX/XXXX, clearly shown on the original paperwork we were e-mailed, nor our XX/XX/XXXX payment. 

We have continued calling our account manager and havent been able to speak with him nor has it been explained on where our account is missing any payments.