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  • Report: #217112

Complaint Review: Select Portfolio Services, Formerly Fairbanks Capitol

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  • Submitted: Sun, October 22, 2006
  • Updated: Fri, November 18, 2011

  • Reported By:Grandview Texas
Select Portfolio Services, Formerly Fairbanks Capitol
Jacksonville, Florida U.S.A.

Select Portfolio Services, Formerly Fairbanks Capitol Warning, Warning, CONSUMERS DONT LET SPS SERVICES RIP YOU OFF! LETS GET TOGETHER AND DO SOMETHING ABOUT THIS!! Jacksonville Florida

*Consumer Comment: Courts Don't always Help

*Consumer Comment: count me in

*REBUTTAL Individual responds: I am in

*Consumer Suggestion: Steps to fight SPS FRAUD!

*Consumer Comment: Sold to SPS!

*Consumer Comment: OMG>>>>>>>>>>>>>>HELP

*Consumer Comment: OMG>>>>>>>>>>>>>>HELP

*Consumer Comment: OMG>>>>>>>>>>>>>>HELP

*Consumer Comment: OMG>>>>>>>>>>>>>>HELP

*Consumer Comment: Select Portfolio Servicing Forberance Rippoff

*Consumer Comment: SPS RIPOFFS ANOTHER ONE.

*Consumer Suggestion: Fairbanks Capital Corp

*Consumer Comment: Is select POrtfolio Servicing in te business to foreclose on you??

*Consumer Comment: add my name to the class action suit also need help with a remod!

*Consumer Suggestion: There is help available

*Author of original report: WARNING

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I am a customer of Select Portfolio Services, {what a dumb name}. I have unfortunately became a victim of these vultures for the second time im my life.

I was sold to them in 2003 and I was then forced into bankruptcy after 2 years of deliberate torture from these devilish people just to save my home from being forclosed on all because they lost 2 payments I sent them and they tried to tell me I was 2 payments behind, I had copies of the cancelled checks to prove this and I had to seek a lawyer to basically tell me the only way out was to file for Chapter 7 bankruptcy to clear this with them.

After all the physical stress nearly landing me in the hoptital with a stroke, and needless to say all the time consumed in research and phone calls that they "then called Faribanks Capital Corp" ingnored. I was about ready for the nut house. After that the Bankruptcy brought some releif from them.

I later in 2005 refinanced with (((competitor's name redacted - see below))) and was very pleased with them for their loan and servicing. I be damned in August 2006, this year they sold us back to the deamons , now Select Porfolio Services.

Now my phone is ringing everyday and nasty letters from them are beginning to come in everyday. They are always harassing you about something, taxes, insurance, and if you dont pay on the exact date of payment regardless of the grace period you have, they call numerous times in a day PANICKING and repeating themselves, "your payment was due on the First and no later where is it?".

They sound like a broken old country classic 45 record. Professional WHINERS! I dont know about all the other customers with these weirdos, but something has to be DONE ABOUT THIS COMPANY, HELLO, CAN ANYBODY HEAR ME!! They are the ultimate in RIP OFF AND STILL GETTING BY WITH IT.

Where is all the laws protecting us and why can they keep breaking them? I say a class action lawsuit on this place {again} {they've been suied before,!} might help. Help, Im drowning and Im sick and tired of them! Any anwers , e mail me. Lets sign a petition and get something done.

Annette
Grandview, Texas
U.S.A.

sorry, allowing you to give a competitors name would instigate others to just file against their competition, to only come back later to suggest their company your comments on this policy are welcome! CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

This report was posted on Ripoff Report on 10/22/2006 05:18 PM and is a permanent record located here: http://www.ripoffreport.com/r/Select-Portfolio-Services-Formerly-Fairbanks-Capitol/Jacksonville-Florida/Select-Portfolio-Services-Formerly-Fairbanks-Capitol-Warning-Warning-CONSUMERS-DONT-LE-217112. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 15Consumer 1Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Courts Don't always Help

AUTHOR: KILLER - (United States of America)

Now I've been in court with SPS for years, both state and Federal. What I have found is that at least in the Third Circuit Federal Court SPS has gained protection in this court. Because I filed six counts against them in this court, which time the Judges in this Court ALTERED my charges to try and dismiss them. For example I charged them with Contract Fraud, which two reference laws where cited 1. HornBook Law 2. Truth in Lending Act. The Third Circuit Judges altered the title of the count from Contract Fraud to a violation of the Truth in Lending Act to claim the Statute of Limitations. Now the Department of Justice Criminal Division has stated this is UNLAWFUL. Second the Judges altered the charge of UNLAWFUL ENRICHMENT, which consisted of fraud. Was altered to UNJUST Enrichment, which the Judges Claimed was not a legal charge to try and dismiss the charge.

Next SPS was charged with filing a Fraudulent Foreclosure Action, since they used a Fraudulent Contract and failed to comply with ALL state laws, additionally SPS's lawyers ADMITTED to the contract fraud in state court. Now the Third Circuit District Court Judge UNLAWFULLY claimed the Rooker-Feldman doctrine. Which the Appeal Court agreed it did not apply citing their most resent case. However, after conitueing the above actions they divided the Fraudulent Foreclosure charge in to two parts Title and Content and claimed the content was barred under the doctrine. Now the Second Circuit Appeal court ruled this act as Deceptive.

Now presently the case is in front of the Supreme Court of the United States to address the corruption, and a report with evidence has been filed the Public Integrity Division of the Justice Department.
SO LETS SEE HOW FARE THEIR PROTECTION GOES UP THE LADDER.
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#2 Consumer Comment

count me in

AUTHOR: Jason - (United States of America)

I have the same issues with SPS Class action count me in
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#3 REBUTTAL Individual responds

I am in

AUTHOR: Jason - (United States of America)

Same old story with me. Class Action count me in
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#4 Consumer Suggestion

Steps to fight SPS FRAUD!

AUTHOR: roy blizzard - (USA)

OK! I hear ya! Come chat with me on FB at Homeowners Against Mortgage Servicing Fraud or the live chat there. We try to post videos & news. Also, go to MSFRAUD dot org. Another Texan, my friendJack Wright from Dallas started that site with his EMC battle. Look at his videos and read! Go to youtube too. Get on Atty Neil Garfield's living lies blog site. See his youtube videos on loan securitization, etc. Look up loan securitization charts to see how your loan was sold on Wallstreet as a security! Loan and deed of trust by law must remain together, but the Wallstreet bums seperate them and sell off each to investors. Called Bifurcation of the note and deed of trust.

Take a deep breath. Thsi will not be easy so, stay with it. Complicated. They made it this way to scam you!

You are in TX like me. I am in Austin. Join the Tea Party if you like and educate them. We have been going withour Tea Party headto the politicians. Cornyn could care less, Kay Bailey on the way out and happy as she did nothing. John Carter's sec met with us, but that was it. We are going to CTY Clerk office foreclosure lists and knocking on doors of neighbors close to us losing thier homes. Be a foreclosure angel and tell others! We can gather to protest here in TX if we get enough people.

In TX we have Assignment of the Deed of Trust. Most video sites call it Assignment of mortgage...diff in each state. Go online to your County Clerk's records division and see if the bums have an ASSIGNMENT OF THE DEED OF TRUST recorded from your lender to them. Remember, your lender and servicer are 2 diff. things! Your loan note is the IOU that the lender is repaid. The deed of trust is where the servicer comes in to collect for the lender. They have been scamming the invesors/lenders...see Ellington case filed in Travis Cty TX by investors against SPS. Case moved to Southern Dist. of NY.

Plug your name in CTY records or address in to see all records on file. This is Important. Any break in the chain of title means they are illegally collecting from you. We are a non-judicail and Judicail state. They will try foreclosure by paper work method...called non-judicial foreclosure. It is the rubber stamping or no going to court route. GO to court if they try it. Get it converted to Judicial hearing. Make them produce the note. If your lender is not there they can not foreclose. Judge here told us if homeowners would just show up in court they would stop servicers!

Now, get a copy of your assignment. See if it is signed by SPS employees in UTAH. Look up all names on it and plug in their names on google search. You can use robo signer and fraud with the search. Especially, look for Bill Koch, Richmond Monroe Group in MO. and other names. He is alos MERS VP...yah right. SPS and MERS and anything else! We had Luisa Alfonso on ours as notary. Tried to do notary search to see who commissioned her. File a complaint with state notary board too.

If force placed insurance comes up and no assignment exists...see if SPS is listed as beneficiary! NO BACK CHARGING. See Dodd Frank Act. They use Longhorn General Insurance in Euless, TX. Agent Charles D Helton. That agency is plugged in to Assurant and Standard Guaranty. RESEARCH that mess with words Assuarant or Standard Guaranty, Select Portfolio Serv'g, fraud, back room functions, outsourcing, etc. Good article online explaining what they are doing. We filed insurance fraud on them w/TX Insur, Comm and BBB! Got a refund! FIGHT! However, you must fight educated and in in the end you gotta have an atty!

KEEP RECORDS OF everything. Make file foulders. If they call you, tell them, "Under the FCC law I order you to put me on the DO NOT CALL LIST". Then back it up by certified mail. Keep record of every call with bill to prove they got thru to you. Now, take them to small claims and sue them for phone harassment. It is abt $1000 winable fine.

Now, look up RESPA. Send them one by certified mail. I can walk you thru o ne on the FB site. You won't usually get an answer, but it can be used later against them.

File a complaint with the BBB! Send receipts etc. If SPS has no legal ASs. of mortgage(deed of trust in TX) then they have no right to collect a penny from you.

If you find this...GET a Real Estate lawyer expert in Title Issues. Here in TX there is a group...I think, cloudedtitles.co or org???

We can chat more, but you must document, document, document. DO NOT GET INTO A PHONE CHAT with them as they record and they are trained to know how to psychologically teroroize you.

Hope this helps!

Donna Blizzard

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#5 Consumer Comment

Sold to SPS!

AUTHOR: tigs - (United States of America)

My loan was sold to SPS recently, despite the fact that I had never been late with a payment or requested a loan modification.

SPS will now not allow me to make on line payments - which is fairly inconvenient since I am in Iraq at the moment. That is not insurmountable, but when I called to make a payment they informed me that I have two other mortgages outstanding for properties in places I have never even been to - and that they will begin legal action to recover these funds!

They are currently busy racking up the charges and ruining my credit rating for loans I never took out. I have spent hours on the phone already and suspect that this is only the begining of what will be a long battle.

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#6 Consumer Comment

OMG>>>>>>>>>>>>>>HELP

AUTHOR: Jen-ah - (U.S.A.)

We have the same problem with them harassing us about the taxes and insurance. WE just spent over an hour on the phone with the getting transferred back forth between people... I think something really needs to be done. Have any ideas?????????? Email me pleaseeeeeeeeeee... jhoppen72207@aol.com
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#7 Consumer Comment

OMG>>>>>>>>>>>>>>HELP

AUTHOR: Jen-ah - (U.S.A.)

We have the same problem with them harassing us about the taxes and insurance. WE just spent over an hour on the phone with the getting transferred back forth between people... I think something really needs to be done. Have any ideas?????????? Email me pleaseeeeeeeeeee... jhoppen72207@aol.com
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#8 Consumer Comment

OMG>>>>>>>>>>>>>>HELP

AUTHOR: Jen-ah - (U.S.A.)

We have the same problem with them harassing us about the taxes and insurance. WE just spent over an hour on the phone with the getting transferred back forth between people... I think something really needs to be done. Have any ideas?????????? Email me pleaseeeeeeeeeee... jhoppen72207@aol.com
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#9 Consumer Comment

OMG>>>>>>>>>>>>>>HELP

AUTHOR: Jen-ah - (U.S.A.)

We have the same problem with them harassing us about the taxes and insurance. WE just spent over an hour on the phone with the getting transferred back forth between people... I think something really needs to be done. Have any ideas?????????? Email me pleaseeeeeeeeeee... jhoppen72207@aol.com
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#10 Consumer Comment

Select Portfolio Servicing Forberance Rippoff

AUTHOR: Bon8699 - (U.S.A.)

My family is going through this crap with SPS for 10 years now.It started the first month they purchased the home.A forberance was put into place for 2 years.A forberance is supposed to be reserved for military and college students.Its if your unable to make payments for these two reasons and you double up on your payments afterwards.This is only supposed to be a max of 6 months to 1 year.And you have to request it.SPS just throws people into this.SPS also never adds the mortgage money to the principle instead you always owe more.And forclosure is always used as a scare tactic.Take action people.Save all your records and take them to court.You will win.

Heres a helpful resource to educate and ask questions about Select Portfolio.

http://selectportfolioservices.blogspot.com/
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#11 Consumer Comment

SPS RIPOFFS ANOTHER ONE.

AUTHOR: Diana - (U.S.A.)

If you know how to start a lawsuit let me know, Im in same situation , I probably paid off my house with all the fee's they charged on me that past 5 years. Diana
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#12 Consumer Suggestion

Fairbanks Capital Corp

AUTHOR: Ouchtheygotme - (U.S.A.)

Last august 2008 Charlie Christ and Bill McCullum hosted a class action law suit against FCC I was contacted by them but I had solved my difficulties by doing the following..

First let me state that I always believe that solving your difficulties can be done by carefully crafting a legal letter to your lender and sending the letter by registered and recorded delivery.

In your letter you pleasantly advise your lender to check their records and enclose copies of your canceled checks. Also send copies of their abusive letters to you as they may have lost those in addition to your two payments.

Your letter should give FCC the chance to respond in a courteous manner to your protestations.

If after 10 working days you have no reply you simply send another letter stating that as they have not replied to your letter you will be contacting the FBI for serious fraud investigations, The SEC for their status as Stock exchange members and The FCC: but don't waste your time with ignorant and greedy lawyers. They like FCC are there to make money which as you can see really works.

The edict that honesty pays and that hard work loyalty and fairness is rewarded by success is now no longer true.

Greed ruthlessness and corruption abound worldwide not just in the father of all deceit the good old Business world

During the coming months if you look at the real news you will see that the really great old American saying is so very true.

What Goes around Comes Around.
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#13 Consumer Comment

Is select POrtfolio Servicing in te business to foreclose on you??

AUTHOR: Anonymous - (U.S.A.)

Select Portfolio Servicing (AKA Fairbanks Credit/Credit Suisse) is actually run by crooks who prey on unfortunate home owners by forcing foreclosure on them. This is how it works: When they foreclose on you they buy back these houses at $1.00 from the government and they get to write off the entire balance you owed as bad debt (therefore tax credits). Therefore to open everyone's eyes I must say it is a win-win for them when the house is foreclosed as there are no potential buyers they are guaranteed to keep the house at no cost plus whatever you have paid them made them millions already. This is exactly what the investors waited for all this time. When the very same investors go through the legal process of buying back these houses from the govt. they can rent the houses by themselves and make tremendous money or not to mention when the economy turns around these guys will flip the houses left and right for million percent profits. Makes Sense?? Banks are run by people & where there's so much future potentials are involved these crooks will do anything to get you out of your homes.

I am very sorry for all of you guys as Select portfolio is the perfect company to work with for the crook banks as there is a legal loophole which says the servicer cannot do a loan modification as they only have the right to service them and bring the investor bank what the homeowners have signed for. It's a win-win for the banks and loose-loose for us. Someone said it correctly: when there's blood on the street somebody must gain.

To make a complaint with the FTC please call this number:1-202-326-2089 and we should all get together and file a class action lawsuit against both the lenders and Select Portfolio Servicing. Good luck to all.
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#14 Consumer Comment

add my name to the class action suit also need help with a remod!

AUTHOR: Michael - (U.S.A.)

I am a victim of this company SPS they refuse to remod my house and slap charges on at every turn Job moved to Brazil they didn't care had two back fusions they didn't care they are truly unreal and hard to deal with.Anybody out there with a class action suit sign me up anyone out there with remod help call me
Michael need help ASAP!
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#15 Consumer Suggestion

There is help available

AUTHOR: David - (U.S.A.)

I had the same problems with FAIRBANKS/SPS AKA Slimmy unprofessional corporate loansharks/SPS.

There is help for you, but may have to jump thru some hoops to get things done. My first suggestion is, as a consumer the next time you refinance make sure you have stipulatory language written into your original loan contract all the way thru to your settlement papers, the type of language that states that your loan "WILL NOT" and CAN NOT be sold/transfered to Fairbanks Capital, SPS or any of thier subsidiaries, or any other preditory lender(s) (make a list cause there are a few out there) and list them all in writting you as a consumer HAVE THAT RIGHT to legally DEMAND in writting, that this langauge is written into your loan, but you have to be specific and persistant and non-wavering, any HONEST loan broker will have no objections to this langauge because most brokers know who's doing what to who in the business if they say or act like they dont, then "STOP THE PRESSES" cause they are lying to you and you need not do business with them. However you must remember and keep in mind that whatever is written in your loan contract YOU as well as the LENDER are agreeing to, hence the stipulatory language, and if at any time you see the language has been removed or INTENTIONALLY FORGOTTEN, "do NOT sign the documents" they are trying ta pull a fast one on you, you should also get away from this particular broker ASAP, cause he/she is gonna screw you at first opportunity (when your head is turned).

My second suggestion is what worked for me, "I call it a letter writting campaign" cause that's exactly what these are the hoops/letters to the legislators and lawmakers in your state ie: State Rep, Congressperson, Inspector General of HUD fraud division, your State Attorney General, your Governer, "I mean every everybody", "trust me it works". and that's not all I wrote letters to everyone who would listen/read them, the NEWS MEDIA too, because I was almost at the point of almost being POSTAL.

One thing you must remember when starting your letter campaign is PROOF and EVIDENCE,without it you'll just look and sound like a WHINNER and a FOOL, so make sure your letters only state provable facts that you have evidence in you posession to back, and send copies of your proof with each and every letter, and make darn sure your letters contain the truth - whole truth - and nothing but the truth. I can't promise you will get the results I got but it worth the effort, I did get the outragious and unexplainable "ADD-ON WHENEVER SPS FEELS LIKE IT" fees removed and stopped (upwards of $11,000 dollars no exageration).

I hope this helps ya,
"BE BLESSED & STAY IN PRAYER"

signed,
GODS CHILD


P.S. Make sure you send your letters CERTIFIED and SIGNATURE RETURN RECIEPT REQUESTED
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#16 Author of original report

WARNING

AUTHOR: Annette - (U.S.A.)

WARNING, WARNING, SELECT PORTFOLIO SERVICES, FORMERLY FAIRBANKS CAPITAL CORPORATION, CONSUMERS DONT LET SPS SERVICES RIP YOU OFF , LET GET TOGETHER AND DO SOMETHING ABOUT THIS.
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