Consumer complaint received 2025-03-26 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Fay Servicing, LLC
State: NY

Complaint narrative:
I am writing to file a formal complaint against Fay Servicing for their ongoing refusal to provide critical information about the mortgage related to my mother 's property and for their handling of my attempts to settle the mortgage account. 

Here are the details of the situation : Background : After my mother passed away in XXXX, I established an estate, which was formalized in XXXX. At that time, I sent all the relevant estate documents, including the death certificate and probate documentation, to XXXX XXXX XXXXXXXX, the initial mortgage servicer. In XXXX, the mortgage servicing was transferred to Fay Servicing, at which point I provided them with the same estate documents. I have owned the property alongside my mother for 36 years, and up until now, I had been able to communicate effectively with the mortgage company. However, since the transfer of servicing to Fay Servicing, I have repeatedly tried to communicate with them, but they have refused to provide any information regarding the mortgage. Despite sending the death certificate multiple times, I consistently receive the same response, and they continue to deny me the information I need. Furthermore, no documentation or authorizations have been provided that show Fay Servicing has the right to collect any payments or take any actions related to this mortgage. Additionally, my signature was the one that authorized the creation of the note that Fay Servicing has been monetizing. Despite this, they continue to call me constantly without providing the necessary proof of their legal right to collect on this loan.

Certified Letter and Payment : On XX/XX/XXXX, I sent a certified letter with return receipt, which included a payment of {$260000.00} to settle the mortgage account. In the letter, I specifically requested that if my payment was not going to be applied to the account, it should be returned to me. I have not received any acknowledgment of the payment nor have I received a refund of the payment. Additionally, Fay Servicing has not applied the payment to the mortgage account as requested. 

Fraud and Forgery Discovery : In XX/XX/XXXX, I hired a title company to conduct a title audit of the property associated with my mother 's mortgage. The title examiner discovered serious issues, including title fraud, forgery, and theft related to the mortgage. I am in the process of reporting these issues to the appropriate authorities. 

Current Issues : More than a year has passed since I made the payment, and Fay Servicing is now claiming that the payment was fraudulent. They have not provided any documentation to support this claim, nor have they returned my original payment or a check for the payment I made. I have already filed the necessary paperwork with the IRS regarding this payment and have provided Fay Servicing with the copies of my filings, but they continue to ignore my requests for resolution. 

This situation has caused me significant distress, and I am seeking immediate assistance from the Consumer Financial Protection Bureau to ensure that Fay Servicing resolves this matter. I am requesting that Fay Servicing provide the following : A full accounting of the mortgage account and the handling of my payment. 

A refund of the {$260000.00} payment if it was not applied to the account. 

A detailed explanation regarding their claim that the payment was fraudulent, along with any supporting evidence. 

Resolution of the issues related to title fraud, forgery, and theft, including any actions taken by Fay Servicing related to these issues.

Company response to consumer: Closed with explanation