Privacy Policy

California residents:

Protection of the Privacy of Personal Non-Public Information

Respecting and protecting customer privacy is vital to Fay Servicing’s business. By explaining our Privacy Policy to you, we trust that you will better understand how we keep our customer information private and secure, while using it to better serve you. We comply with all applicable federal, state, and local laws, and we have numerous internal safeguards in place to protect your personal information. This notice explains how you can limit our disclosing of personal information about you. The provisions of this notice will apply to former customers as well as current customers, unless we state otherwise.

WHAT DOES FAY SERVICING DO WITH YOUR PERSONAL INFORMATION?

Why?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?

The types of personal information we collect, use, and share depend on the product or service you have with us. This information can include:

Name, address, email address, and telephone number;
Social Security number and income;
Account balances, mortgage rates, and payments;
Account transactions and credit scores.

When you are no longer our customer, we may continue to share your information as described in this notice.

How?

All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information, the reasons Fay Servicing chooses to share, and whether you can limit this sharing.

Reasons we can share your personal information

Does Fay Servicing share?

Can you limit this sharing?

For our everyday business purposes — such as to process your transactions, maintain your accounts, respond to court orders and legal investigations, or report to credit bureaus

Yes

No

For our marketing purposes — to offer our products and services to you

Yes

No

For joint marketing with other financial companies

Yes

For our affiliates’ everyday business purposes — information about your transactions and experiences

Yes

For our affiliates’ everyday business purposes — information about your creditworthiness

Yes

For our affiliates to market to you

Yes

For our non-affiliates to market to you

Yes

To limit our sharing: Send us the MAIL-IN FORM.

Please note: If you are a new customer, we can begin sharing your information thirty (30) days from the date we sent this notice. However, you can contact us at any time to limit our sharing.

Who we are

What we do

Who is providing this notice?

Fay Servicing, LLC (“Fay Servicing”).

How does Fay Servicing protect my personal information?

Fay Servicing considers the protection of personal information to be a foundation of customer trust and a sound business practice. We employ physical, electronic, and procedural controls, and we regularly adapt these controls to respond to changing requirements and advances in technology. Within our office, we restrict access to your information to those who require it to develop, support, offer, and deliver products and services to you.

How does Fay Servicing collect my personal information?

We collect your personal information, for example, when you:

Provide employment information or give us your income information;

Provide account information or make a wire transfer; and

Provide your mortgage information.

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing?

Federal law gives you the right to limit only:

Sharing for affiliates’ everyday business purposes — information about your creditworthiness;

Affiliates from using your information to market to you;

Sharing for non-affiliates to market to you.

and,

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

What happens when I limit sharing for an account I hold jointly with someone else?

Your choices will apply to everyone on your account — unless you tell us otherwise.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include Constructive Insurance, LLC, Constructive Loans, LLC, Constructive REO, Constructive Renovations, LLC, GenStone, LLC and each of its Protected Series, Title Clearing & Escrow, LLC and FI-OZ LLC.

Non-Affiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies. Non-affiliates with which we may share include mortgage companies, insurance companies, and nonprofit organizations.

Joint Marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Our joint marketing partners include mortgage loan originators, who may be able to help you lower your interest rate or your monthly payment, and other financial institutions.

Other Important Information

Do Not Call Policy. This notice is the Fay Servicing Do Not Call Policy notice under the Telephone Consumer Protection Act. We do not solicit via phone numbers listed on the state or federal Do Not Call Lists, unless the law permits. Fay Servicing associates receive training on how to document and process telephone marketing choices. Consumers who ask not to receive telephone solicitations from Fay Servicing will be placed on the Fay Servicing Do Not Call List and will not be called in any future campaigns, including those of Fay Servicing affiliates. If you communicate with us by telephone, we may monitor the call.

Nevada. We are providing you this notice pursuant to state law. You may be placed on our Internal Do Not Call List by following the directions in the “To limit direct marketing contact” section. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number – (702) 486-3132; email BCPINFO@ag.state.nv.us. Fay Servicing, P.O. Box 220720, Chicago, IL 60622; Phone number – (800) 495-7166.

Vermont. In accordance with Vermont law, we will not share information we collect about Vermont residents with companies outside of our corporate family, except as permitted by law, such as with your consent, with other financial institutions with which we have joint marketing agreements, or as otherwise necessary to service your accounts. We will not share information about your creditworthiness within our corporate family except with your authorization or consent, but we may share information about our transactions or experiences with you within our corporate family without your consent.

California. In accordance with California law, we will not share information we collect about you with companies outside of Fay Servicing, unless the law allows. For example, we may share information with your consent, to service your accounts, or to provide rewards or benefits you are entitled to. We will limit sharing among our companies to the extent required by California law.

Fay Servicing Website Terms of Use

Fay Servicing, LLC (“Fay Servicing”) operates the website at www.fayservicing.com. We respect the privacy of each user of the website.

We will retain your Personal Information for as long as we maintain an ongoing relationship with you, or for:

Consumer related Information: a minimum period of seven years after the liquidation or service transfer of your loan.
Non-consumer related Information: a minimum period of two years after employment or vendor-relationship termination.

We reserve the right to retain your Personal Information for a longer period to comply with obligations by our regulators, and to defend our legal interests. Your Personal information will not be used for any other purpose, will not be sold, and will not be shared.

BY REGISTERING FOR OR USING THE WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT USE THE SITE.

Location of Servers and Transfer of Information to the United States

The website is hosted by servers in the United States. If you are located outside of the United States, your Personal Information will be transferred to the United States. By submitting your Personal Information, you consent to its transfer to the United States and to its storage, processing, and use there in accordance with these Terms of Use.

Scope of the Terms of Use

These Terms of Use apply to your use of this website only. We do not own, operate, or control the websites of third parties, including sales associates, outside referral agents, or their brokers. Accordingly, these Terms of Use do not apply to such parties’ websites or their respective collection, use, storage, and disclosure of your Personal Information.

Security

Our hosting services maintain their systems in accordance with reasonable industry standards to reasonably secure the information of its customers. However, no data transmission over the Internet can be guaranteed to be 100% secure. “Perfect security” does not exist on the Internet, and you use the website at your own sole risk.

The information contained on this website is provided as a service to the Internet community, and does not constitute legal or financial advice. Fay Servicing makes every effort to provide quality information, but we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information, text, or other items contained in or linked to this website and its associated sites.

Fay Servicing and its associates assume no responsibility for any errors or omissions in the materials contained on this website. These materials are provided “as is” without warranty of any kind, either expressed or implied. Fay Servicing and its associates shall not be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of these materials. The information on this website is subject to change without notice and does not represent a commitment on the part of Fay Servicing or its associates in the future.

Contact Information

If you have any questions regarding our privacy policies, our California Privacy Statement, the ways in which we collect, use, disclose, and sell or share your Personal Information, or how to exercise your rights under the CCPA, please do not hesitate to contact us at:

Website: www.fayservicing.com
Phone: 800-495-7166
Postal Address: P.O. Box 815548, Farmers Branch, Texas 75381

1098 Mortgage Interest Statements for 2024 will be mailed and/or available online by January 31st, 2025.

Note – We cannot reproduce or duplicate 1098 statements until after January 31st, 2025.