Consumer complaint received 2025-07-31 00:00:00
Product: Debt collection — Mortgage debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Fay Servicing, LLC
State: MD

Complaint narrative:
This is responding back to complaint XXXX with additional issues I'm addressing that was reveal in the complaint above. 

Responding to Fays Servicing Complaint ID : XXXX Account Number : XXXX XX/XX/year>XXXX  XXXX XXXX has received and reviewed the complaint that you submitted to the CFPB on XX/XX/year>, regarding the above-referenced mortgage loan. 

In your response, you stated that I expressed concerns in regard to the most recent loan modification application. You also stated that I raised issues regarding communication, how your documents were handled, and whether the submitted information was properly received and evaluated. Then you stated that a fair review of your application and clarity about the status of the loss mitigation requested. 

On page 2, you stated XX/XX/year>XXXX  - A partial application was received. On XX/XX/year>, an acknowledgment letter was sent listing required income documentation due by XX/XX/year>. You submitted some documents on XX/XX/year> ; however, the requested paystubs for XXXX XXXX XXXX XXXX XXXX were not included. 

Response : According to : Acknowledgment of Additional Documentation : Loss Mitigation Application Remains Incomplete. 

It states that All Borrowers most recent pay stub for wage income reflecting year-to-date earnings, or all Borrowers most recent bank statement reflecting deposits of income amounts from applicable sources : XXXX and for XXXX XXXX XXXX XXXX XXXX  ( Documents were already provided. ) My Response : I submitted several paystubs from XXXX since Im an employee and submitted a bank statement of XX/XX/year> showing what was deposited for XXXX XXXX XXXX XXXX XXXX, since Im a 1099 XXXX. XXXX not given a paystub since XXXX an XXXX  XXXX, unlike traditional employees, I do not receive a paystub or a W-2 with taxes withheld by this employer. 

So, to support and supplement proof of income, according to State of Maryland law and IRS requirements Im supposed to show you bank statements that show consistent deposits from clients. Prior to this Second Loss Mitigation Application, I also provided an email indicating the offering of the job from XXXX XXXX XXXX XXXX XXXXXXXX email dated back from XX/XX/year>. 

On the application itself, I stated I was a XXXX. So, the bank statement should have been efficient enough. ( Documents were already provided ). The Loss Mitigation application was signed on XX/XX/year>, and was sent to your attorney XXXX, XXXX XXXX XXXX XXXX XXXX. 

My Response : On the complaint, Question 2 : I had XX/XX/year>, but it was XX/XX/year>, and Priority Mail to your attorney : I do apologize for the error that I made in reference to the dates. 

You stated also : Despite multiple contact attempts by Fay in XXXX and XX/XX/year>, we did not receive the outstanding documents. As a result, the file was closed due to incompleteness on XX/XX/year>. 

My Response : How do you make multiple attempts? By phone calls, by emails or mailing. Because I did not receive any information stating otherwise. Nor did your attorney submit any documentation to the court stating the obvious as you claimed. Nor did your attorney mail me any documentation in regard to your claim. Nor did you attach a copy of that letter to this formal complaint. I responded too. Do you have proof of such? Can you provide me with a copy of that? 

My Response : You stated that for Question 4 : Fay will continue to communicate with you in accordance with applicable law and in court-ordered medication requirements. Legal communications are coordinated through our counsel, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, who act on our behalf in the foreclosure proceedings. 

According to the communication issue, I have with Fay Servicing it was discussed during the medication by XXXX XXXX XXXX, Administrative Law Judge, XXXX that all correspondence in reference to this Foreclosure Proceeding or any information pertaining must go through your attorney and they were supposed to reach out to me in a regards since it was an opening Loss Mitigation Application opening at that particular time. 

According to State of Maryland Loss Mitigation Determination, if approved, the letter will detail the specific loss mitigation options available to you, such as loan modification, forbearance or a repayment plan. If your application is denied, the letter will state the reasons, which may include insufficient documentation, not meet eligibility criteria, or not demonstrate a qualifying hardship.

The letter should also outline necessary actions required from your end, such as providing additional information or signing and returning documents. It should specify a deadline for you to respond to the offer or provide further documentation. 

It should explain the reasons for denial, allowing you to understand what steps are needed if you want to pursue other options. The letter is a crucial part of the loss mitigation process and ensures transparency and fair treatment by the servicer. 

Based on this alone, I was not given any documentation stating the conclusion of why you stated what you are projecting. CFPB code 1024.41 Loss Mitigation Procedures. ( a ) Enforcement and limitations. A borrower may enforce the provisions of the section pursuant to section 6 ( f ) of RESPA ( 12-U.S.C. 2605 ) ( f ). Nothing in 1024.41 imposes a duty on a servicer to provide any borrower with any specific loss mitigation option. Nothing in 1024.41 should be construed to create a right for a borrower to enforce the terms of any agreement between a servicer and the owner or assignee of a mortgage loan, including with respect to the evaluation for, or offer of, any loss mitigation option or to eliminate any such right that may exist pursuant to applicable law.

Your Response : You may submit a new loss mitigation application any time. Please ensure all requested income documentation is included to avoid delays. If you have any questions, please contact Account Manager XXXX XXXX, at ( XXXX ) XXXX. But in the response dated XX/XX/year>, you stated to contact Account Manager XXXX XXXX at ( XXXX ) XXXX. So, who is the correct Account Manager on this account of mine, as of today. 

I do not believe that I need to submit a new loss mitigation application this time. Because I believe I was given proper fair treatment on the Second Mitigation Application based on the finding that you particularly enclosed.

It did not include the required paystubs for XXXX XXXX XXXX XXXX XXXX, in which you stated specifically required in the XX/XX/XXXX, XXXX, letter. 

What you failed to take into consideration was the fact that I provided a current bank statement showing proof of income for XXXX XXXX and according to State of Maryland, Internal Revenue Services and according to your letter dated on XX/XX/year>, a Pay Stub OR Recent Bank Statement from the applicable sources. 

In addition, if you go back on the application itself, dated XX/XX/year>, under XXXX : its states XXXX XXXX XXXX. So, I clearly let you know back then that I was a XXXX for this company. ( Documentation was already provided ). For the reasons you are providing in this complaint, I disagree with what you are trying to state here. It carries no weight, meaning it lacks importance or credibility. I would like my Second Loan Mitigation Application be reviewed and taken into reconsideration based on the lack of finding that was reviewed in the complaint. ( Proof of income was provided in a timely manner ). 

This has been an ongoing issue with this company, and I deserve at least the bare minimum of fairness in this situation. We are talking about : * Deceptive Services * Unfair Business Practices * Lack of Transparency I just want to be treated fairly on a consumer level and not just a quota or investment tag. And if you thought placing my personal loan paperwork on my porch at night was good business practices in which it says a lot about the company. Its understandable for me to be worried about that situation, especially considering the sensitivity of important documents and the security risks associated with leaving them unattended in the middle of the night. 

As a debt collector, you can not leave personal information about a person 's debt lying on my porch or in a location where others could easily see or access it. FDCPA is a federal law designed to protect individuals from abusive and harassing practices by debt collectors.

This law includes provision safeguarding consumer privacy and prohibits debt collectors from publicly disclosing information about a debt. Leaving messages or materials that visibly indicate they are collecting a debt. This could include leaving notes or documents with sensitive personal or financial information where others might see it.

Leaving personal information about your debt on your porch would be considered a violation of your privacy under the FDCPA. Opening admitting to the violation is not a good look when we are in the middle of litigation. ( You stated documents may be posted or delivered in compliance with Maryland foreclosure law ). What law is that? According to the State of Maryland, unless you are being served or a sheriff comes to that door, that will be the only time documentation of the sort can be handled to you, not placed on the porch at night.

This whole process in itself including dealing with this company and their attorney has left me unsure who to trust. Dealing with Fay Servicing and their attorneys with unexpected surprises and the unbearable running around. According to the CFPB, the rules is ensured everyone gets a fair treatment that includes all borrowers and establish strong protections for those struggling to save their homes.

Company response to consumer: Closed with explanation