Consumer complaint received 2021-08-12
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Fay Servicing, LLC (VA)

A. On XX/XX/XXXX Fay sent the attached email claiming that Fay is monitoring the guidance issued by HUD, XXXX XXXX, and XXXX XXXX. Knowing the guidance issued by HUD, XXXX XXXX and XXXX XXXX I decided to apply for Payment Forbearance Plan on XXXX XXXX, Fay didnt provide any response to my Forbearance Plan application until XX/XX/XXXX, when Fay approved me for Forbearance Plan but came up with a set of rules that supposed to even apply retroactive, such if I was current on my payments at the forbearance application time Fay will not report late payments to credit bureaus. I did know about those rules, nor accepted, nor to be applied retroactive. Fay stated in the XX/XX/XXXX letter that : A Forbearance Plan temporarily suspends your need to make monthly mortgage payments for the Forbearance Period. Then that means I was not required to make payments during the Forbearance Period, so Fay was not supposed to report any late payments to any credit bureaus for the Forbearance Period. If I was clearly informed when I applied for Forbearance Plan in XXXX about Fays requirements for forbearance I would have not accepted and I would have not applied for forbearance. Fay failed to disclose what the forbearance requirements were or what the exact forbearance starting date was, as they claim it was XX/XX/XXXX, this date is not mentioned anywhere in the forbearance letter dated XX/XX/XXXX, that is an incorrect statement from Fay. Fay failed to provide me with critical information about their forbearance requirements at the forbearance application time XX/XX/XXXX, This is Fays typical practice, keeping their customers in dark about critical information. 
B. In a previous complain to CFPB, I asked why Fay did not comply with the Foreclosure moratorium, but no response has been provided yet.

C. Between XXXX to XXXX of XXXX I called numerous times and explain to my account manager XXXX XXXX that Fays Forbearance Plan does not mean any help at all and in reality it is hurting by misleading customers to believe this is a relief, I was told that the only option for me was to pay back everything I owed in a lump sum or apply for a new 40 years mortgage thru loan modification program. When I asked about any option of extending forbearance period XXXX XXXX, my account manager denied that as an option.

D. What Fays Forbearance program means? Fay has still reported late payments, Fay still required payments to be made on time, Fay still foreclosed my property. That is not any kind of forbearance program that is just a misleading practice to get me in default so Fay can foreclose my property. I never got a description of Fays forbearance plan, that is another practice at Fay keeping their customers in dark about any process while Fay would proceed to foreclosure. 
E. On XX/XX/XXXX, Fay started the foreclosure even thou Fay sent me the attached Loan Modification package with a deadline response till XX/XX/XXXX, another technique that Fay is doing claiming to help me with Loan Modification packages but at the same time moving on with the foreclosure process. If the Foreclosure moratorium was not in place Fay would have foreclosed and sold my property.

F. Even thou I paid everything I owed Fay on XX/XX/XXXX, Fay still charged me foreclosure fees and late fees on XX/XX/XXXX. On top of that as of XXXX, XXXX Fay is still reporting me late 60 days for the month XX/XX/XXXX, I called numerous times and asked Fay to fix that but Fay claimed that they did not report me late for XX/XX/XXXX, another incorrect statement as it clearly indicating 60 days late in the attached credit report. Also attached is Fay statement dated XX/XX/XXXX showing the lump sum payment on XX/XX/XXXX with date of last payment recorded XX/XX/XXXX. 
An incorrect Fays statement is in the attached Fays response to my credit reporting inquiry, Fay listed the lump sum payment made in XX/XX/XXXX, while the payment was actually made in XX/XX/XXXX, this is a false statement to XXXX credit bureau and to XXXX XXXX XXXX. Fay response documents are not indicating the payment correct, misleading the XXXX credit bureaus, XXXX XXXX XXXX and myself. 
Incorrect information was reported to all credit bureaus regarding numerous payments including for month of XXXX, XXXX, all along Fay is claiming I was late XXXX days but in the same report is shown as on time payment, that erroneous reporting is done on purpose, so after starting to look into their practice about credit reporting Fay is abusively changing the reported data in order to keep me locked as long as possible on a much higher rate for a long as possible, I was trying to refinance for more than two years but because of Fays reckless credit reporting I was not able to do so.

G. Another way of keeping their customer in dark is reflected on the attached Reinstatement form notice, Fay is not clearly indicating what the lump sum of XXXX $ represents, which months payments. Fay does that on purpose so they can cover up the abusive charge of a mortgage payment for a month in advance.

H. Fay has knowingly and purposely provided misleading information and documents to XXXX  Credit Bureau, XXXX XXXX XXXX and to myself. Please start an investigation into their practices as soon as possible and please forward this information to any government agency that might be able to investigate Fays practices and stop Fay from doing this to other customers.