Consumer complaint received 2025-02-06 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Fay Servicing, LLC
State: PA

Complaint narrative:
XX/XX/XXXX Complaint about Fay Servicing. The following is our personal experience withXX/XX/XXXX, our mortgage servicer, within the past 30 days. 

My mother inherited our home through the will and testament of her late husband. I moved in with her to help with the bills and to make some home improvements. She added me to be an authorized agent for her mortgage. Due to high home energy costs, gas and grocery costs in XXXX, a few payments got missed. Around XX/XX/XXXX We decided to call XXXX and ask if they could just add those 3 payments to the rear end of the loan, a fairly commonplace deferral. 

A XXXX telephone representative said this is an option for us and agreed to mail the paper application to our home. It was received 10 days later, XXXX, XXXX and returned complete the next day. But there was some trouble with that. They said it was incomplete because the line that asks how much non borrower income we have was left blank. I figured going into minute detail directly above that about our household income and every bill we pay already answered that question and adding this number to all of those figures would give an incorrect total at the bottom. Nevertheless, I filled in the blank and resubmitted it. 

The borrower assistance form states that it can be filled out with a pen, then scanned and submitted online on their website. I could not find any button or menu to do so. I sent a message { SEE ATTACHED IMAGE } informing them of that and twelve hours later a reply came which said If I am UNABLE to submit it online, then email it. But the rep gave me a misspelled email address and I used it. I had not noticed that the email had failed to send until eight hours later, when I manually fixed it and re-sent it, then I messaged to inform them of their error and of my re-submission. 

We then patiently waited 13 days without any communication from XXXX. On XX/XX/XXXX, I became worried about a paper mailing I received and thought the process was taking too long, so I messaged asking about the application 's status. I was told on XXXX that details were being emailed to me. 3 minutes later I indeed did get an email that said, in short, that they got my application on XXXX, which is not true.. They changed the date on it. Proof of XXXX, not XXXX, is in the screenshot of my conversation with the rep. [ SEE ATTACHED IMAGE ] The email also told me it takes them a month to decide on the application and they don't HAVE to approve it if they don't want to. 

During all of this, XXXX was sending us a lot of paper mail. 1 ) An annual escrow statement, 2 ) a notice that our monthly mortgage payment would drop by 17 % for some unknown reason, 3 ) a regular bill asking for XXXX, XXXX and XXXX payments, 4 ) a red FINAL NOTICE card from the post office when there had been NO previous notices,5 ) and lastly, a formal notice by XXXX XXXX acting on behalf of XXXX XXXX XXXX saying the loan is in default and we must immediately pay {$2400.00} ( or now {$3000.00}? ) by XX/XX/XXXX or face foreclosure by judicial proceeding and sale of our house, long with a page called ACT 91-How to save your home from foreclosure.

This last mailing, ( 5 ) the worrisome one, I did not receive until after submitting the borrower assistance form even though they dated it January 7. My mother, the deeded home owner, called XXXX XX/XX/XXXX and was not given an answer about the application. She was only told that we don't have to make a mortgage payment for XXXX if we don't feel like it, since the application is in. I thought this was strange and seemed to be directly opposite of the sense of payment urgency all the paper mail was indicating, and the " dooms day deadline '' on the aforementioned loan default document. 

This confusion and long delay spurred me into checking the internet for other people this may have happened to. That's when I found out that yes, there are many others. Our previous mortgage company sold our loan to XXXX years ago. Out of the {$770.00} per month mortgage payment, our bill shows that only about {$28.00} ( yes, just twenty-eight dollars ) goes to pay down the principal on this forty-year loan. 

This has gotten out of hand. We originally called with just one question, CAN we or can we not add the 3 late months to the end of the loan? It could have been a yes or no answer over the telephone, as they obviously already know our income and home value. Instead, it looks like they are making moves to foreclose on our home instead of helping us and that notion is very scary.

They should not attempt to foreclose on homes when the owners are actively making payment arrangements, especially for only 90 days late! This process, the way they are doing it, makes it impossible for us to cure the default by XXXX XXXX because they plan to wait until AFTER that date to say yes or no. And remember the application received date somehow got changed from XXXX to XXXX, costing an extra ten days. This house has been in our family for 90 years! 

A good solution would be for XXXX to NEVER send foreclosure threats of any kind to borrowers actively taking steps to refinance, defer, or cure default. I would like assurance that they realize we do NOT intend to move off our homestead, which has a real estate value of more than triple the loan amount. I would like to know that XXXX won't use XXXX 's payment against us since we were told we don't have to make payments during the deferral process. And I would like an immediate stop to the foreclosure threats. I believe my desires directly align with consumer protection law.

Company response to consumer: Closed with explanation