Fairbanks Capital Corp If Fairbanks is not conforming to the Best Practices, report them to the FTC now Salt Lake City Utah

For those of you who are still expereiencing trouble with Fairbanks, please report them to the FTC and let them know they are not operating within the parameters of the proposed settlement agreement. They are not acting in good faith if they are violating the terms of this agreement. They may not be legally bound to do so until a Judge signs the Order approving the agreement but it is my understanding that the FTC wants to know of the continuing violations. Ask them to intercede on your behalf.

The Order hasn't been signed yet, so the FTC could ask for modifications if the situation warrants further action on their part to enforce compliance.

They are supposed to reversing charges that were assessed to your account inappropriately. I posted an excerpt from the "Best Practices" or the change in business dealings to be implemented by Fairbanks as a result of the investigation by HUD-FTC in the proposed settlement.

Some of you are getting an attorney which is fine but Make sure you give the attorney the cases so they at least have an idea what the heck this company has done. It will also tell the attorney what to allege in a law suit. It will tell the lawyer what violations were asserted and Codes.

Type in your web browser United States of America v. Fairbanks Capital Corp
to get the complaint by the Feds against and the settlement documents to that suit and the class action settlement is called Curry v Fairbanks. Get the complaint and the settlement documents. Hand them to your lawyer.

You can make a complaint with the FTC over the phone - 1-877-382-4357
or go to their website www.ftc.gov

Below is the best practices portion of the proposed settlement.

Best Practices from United States of America v Fairbanks




IT IS THEREFORE ORDERED that Defendants, and each of them, their officers, employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise,directly or through any corporation, subsidiary, division, or other device,are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from:

A. Failing to accept as of the date of receipt, or to credit effective as of the date of receipt, all amounts paid in connection with a loan against interest and principal due, and before crediting taxes, insurance or fees, provided, however, with respect to loans using uniform loan instruments with a revision date prior to March 1999, Defendants may apply payments received in accordance with the provisions thereof;

B. Failing to accept as of the date of receipt, or to credit effective as of the date of receipt, amounts paid in connection with a loan that are less than the total amount due (i.e., partial payments), provided, however, that this requirement shall
not apply to loans which have been referred to foreclosure in accordance with the requirements of this Order;

C. Misrepresenting, expressly or by implication, any amount that a consumer owes;

D. Misrepresenting, expressly or by implication, that any fee is allowed under the loan instruments, permitted by law, or imposed for services actually rendered;

E. Misrepresenting, expressly or by implication, the amount, nature, or terms of any fee or other condition or requirement of any loan; and

F. Failing to make disbursements of escrow funds for insurance, taxes and other charges with respect to the property in a timely manner.

II.
IT IS FURTHER ORDERED that Defendants, and each of them, their officers,employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, directly or through any corporation, subsidiary, division, or other device,are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from:

A. Charging for force placed insurance before mailing, at no cost to the consumer, at least two (2) written notices to the consumer providing clear and conspicuous notice of the procedures by which the consumer may demonstrate that the
consumer already has insurance coverage and providing at least thirty (30) calendar days from the mailing (by first-class mail) of the first notice and twenty (20) calendar days from the mailing (by certified mail) of the second notice for the
consumer to demonstrate coverage, provided that, the second notice shall not be mailed until the first thirty-day period has expired;

B. Failing to accept any reasonable form of confirmation from a consumer of existing insurance coverage, including verbal confirmation of the existing insurance policy number along with the identity of the insurance company or agent;

C. Force placing insurance on a consumers home when Defendants know or fail to take reasonable actions to determine whether such insurance is already in place;

D. Failing, within fifteen (15) days of receipt of confirmation of a consumer's existing insurance coverage, to refund all force placed insurance premiums paid during the overlapping coverage period and any related fees charged to the consumer's account during the overlapping coverage period; and

E. Placing a consumer's loan in default, assessing late fees, or initiating foreclosure proceedings solely due to the consumer's nonpayment of insurance premiums, provided that the insurance charges may become additional debt of the consumer secured by the security instrument and interest may be charged thereon as
provided in the loan instruments.

III.
IT IS FURTHER ORDERED that Defendants, and each of them, their officers, employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise,
directly or through any corporation, subsidiary, division, or other device, are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from assessing and/or
collecting any fee unless it is for services actually rendered and is a)expressly authorized, and clearly and conspicuously disclosed, by the loan instruments and not prohibited by law;

b) expressly permitted by law and not prohibited by the loan instruments; or

c) a reasonable fee
for a specific service requested by a consumer that is assessed and/or collected only after clear and conspicuous disclosure of the fee is provided to the consumer and explicit consent is
obtained from the consumer to pay the fee in exchange for the service, and such fee is not otherwise prohibited by law or the loan instruments.
IV.

IT IS FURTHER ORDERED that Defendants, and each of them, their officers, employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise,directly or through any corporation, subsidiary, division, or other device,are hereby permanently restrained and enjoined, in connection with the servicing of any FHA mortgage
loan, from assessing and/or collecting any fees prohibited by FHA statutory, regulatory,or written handbook requirements.

V.

IT IS FURTHER ORDERED that, for five (5) years after the date of entry of this Order,Defendants, and each of them, their fficers, employees, agents,representatives, and all other persons or entities in active concert or participation with them who receive
actual notice of this Order by personal service or otherwise, directly or through any corporation,subsidiary, division,
or other device, are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from assessing and/or collecting the following fees:

A. Fees for demand letters or any other collection letters or notices;

B. Fees for property inspections, provided that Defendants may impose reasonable fees for property inspections actually performed if: (1) the consumer's loan payment has not been received within forty-five (45) calendar days of the due
date; and (2) the inspections are limited to the initial inspection and to additional inspections during the period of continued delinquency not more frequent than every thirty (30) calendar days and only if Defendants (a) have been unable to
contact the consumer for the previous thirty (30) calendar days or (b) have been able to contact the consumer but have determined that the mortgaged property is vacant;

C. Fees for broker's price opinions, provided that Defendants may impose reasonable fees for a broker's price opinion ordered and actually performed if:

(1) the consumer's loan payment has not been received within sixty-three (63)calendar days of the due date; and

(2) the broker's price opinions are limited to the initial broker's price opinion and to additional broker's price opinions
during the period of continued delinquency not more frequent than every six (6) months; and

D. Attorneys fees, provided that defendants may impose reasonable
attorneys fees if:
(1) the fees are necessary to process a foreclosure sale of the property or are otherwise permitted fees under Section III of this Order;

(2) a law firm has in fact performed the services; and

(3) a law firm has in fact charged Defendants for the services.

VI.

IT IS FURTHER ORDERED that nothing in this Order shall permit the Defendants to impose any fee or take any other action that is prohibited by any state or federal law or regulation
and/or prohibited by the loan instruments and/or other contractual agreement with the consumer.

VII.
IT IS FURTHER ORDERED that Defendants, and each of them, their officers,employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, directly or through any corporation, subsidiary, division, or other device, are hereby permanently restrained and enjoined, in connection with the servicing of any loan that
was in default at the time it was obtained by Defendants, from:

A. Using any false, deceptive, or misleading representation or means in connection with the collection of any debt, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, including but not limited to:

(1) falsely representing the character,amount, or legal status of a debt, or any services rendered or compensation which
may be lawfully received by a debt collector for collection of a debt, in violation of Sections 807(2)(A) and (B) of the FDCPA, 15 U.S.C. 1692e(2)(A) and (B);

(2) communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed, in violation of Section 807(8) of the FDCPA, 15 U.S.C. 1692e(8); and

(3) using false representations or deceptive means to collect or attempt to collect a debt or to obtain information concerning a consumer, in violation of Section 807(10) of the FDCPA, 15 U.S.C.
1692e(10);

B. Using any unfair means to collect or attempt to collect a debt, including but not limited to collecting amounts (including any interest, fee, charge, or expense incidental to the principal obligation) not authorized by the agreement creating the debt or permitted by law, in violation of Section 808(1) of the FDCPA, 15 U.S.C. 1692f (1);

C. Failing to notify consumers of their right to dispute and obtain verification of their debts and to obtain the name of the original creditor, either in the initial communication with consumers by defendants, or within five days thereafter, in
violation of Section 809(a) of the FDCPA, 15 U.S.C. 1692g(a); and

D. Failing to comply in any other respect with the FDCPA, as amended, or as it may be amended in the future.

VIII.

IT IS FURTHER ORDERED that Defendants, and each of them, their officers,employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, directly or through any corporation, subsidiary, division, or other device, are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from:

A. Furnishing information relating to any consumer to a consumer reporting agency if Defendants know or consciously avoid knowing that the information is inaccurate, as provided in Section 623(a)(1)(A) of the FCRA, 15 U.S.C. 1681s-2(a)(1)(A);

B. Failing to promptly notify a consumer reporting agency, as required by Section 623(a)(2) of the FCRA, 15 U.S.C. 1681s-2(a)(2), when Defendants have determined that information previously furnished about any consumer to the consumer reporting agency is not complete or accurate, and failing to provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided to the agency complete and accurate, and to not thereafter furnish to the agency any of the information
that remains not complete or accurate;

C. Failing to report accounts as disputed to consumer reporting agencies,as required by Section 623(a)(3) of the FCRA, 15 U.S.C. 1681s-2(a)(3), when consumers dispute accounts either in writing, orally, or by electronic means; and

D. Failing to comply in any other respect with the FCRA, as amended, or as may be amended in the future.

IX.

IT IS FURTHER ORDERED that Defendants, and each of them, their officers, employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, directly or through any corporation, subsidiary, division, or other device,are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from
failing to comply with RESPA, 12 U.S.C. 2601-2617, as amended, or its implementing Regulation X,24 C.F.R.
Pt. 3500, as amended, including, without limitation:

A. Failing to respond, in a timely manner, to consumer'squalified written requests in accordance with 12 U.S.C. 2605(e);

B. Failing to notify, in a timely manner, the consumer in writing of any assignment,sale, or transfer of the servicing of the loan to any other person not less than fifteen (15) days before the effective date of transfer of the servicing of
the mortgage loan (with respect to which such notice is made) in accordance with 12 U.S.C. 2605(b);

C. Failing to notify, in a timely manner, the consumer in writing of any assignment, 16 sale, or transfer of servicing of the loan to any Defendant not more than fifteen (15) days after the effective date of transfer of the servicing of the
mortgage loan in accordance with 12 U.S.C. 2605(c);

D. Imposing late fees during the 60-day period beginning on the effective date of the transfer of the servicing of the mortgage loan in violation of 12 U.S.C. 2605(d);

E. Failing to protect any consumer's credit rating in accordance with 12 U.S.C. 2605(e)(3);

F. Failing to make timely payments from consumers escrow accounts for casualty insurance, property taxes and other charges with respect to the property as such payments become due in accordance with 12 U.S.C. 2605(g); and

G. Failing to provide annual escrow statements that clearly itemize payments for taxes, insurance premiums, and other separately identified charges in accordance with 12 U.S.C. 2609(c)(2).

X.

IT IS FURTHER ORDERED that Defendants, and each of them, their officers, employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise,directly or through any corporation, subsidiary, division, or other device, are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from:

A. Failing to maintain and provide adequate staffing for a toll-free phone number and an address that are specifically dedicated to handling consumers disputes or questions. The toll-free telephone number shall be staffed at least every Monday through Friday between the hours of 7 a.m. to 8 p.m., Eastern Time, national holidays excluded. Defendants obligation to maintain the toll-free number shall expire ten (10) years from the date of entry of this Order;

B. Failing to acknowledge in writing any consumers dispute within twenty (20)calendar days after receiving it, unless it is an oral dispute that has been investigated and resolved with the consumer within twenty (20) calendar days after receiving it, provided that Defendants maintain written or electronic records
of the handling of such oral disputes for the time period required under Section XXIX of this Order;

C. Failing to complete an investigation of any consumers dispute within sixty (60)calendar days after receiving it, unless through the use of reasonable procedures Defendants are unable to resolve the dispute in that time period, in which
event Defendants may take an additional thirty (30) calendar days to resolve the dispute if they so notify the consumer in writing;

D. Failing to advise the consumer promptly and in writing of the results of the investigation of the consumer's dispute, unless it is an oral dispute that has been investigated and resolved with the consumer within twenty (20) calendar days after receiving it, provided that Defendants maintain written or electronic records of the handling of such oral disputes for the time period required under Section XXIX of this Order;

E. Taking any legal or other action to collect the disputed amount and any related charges until the dispute has been investigated and the consumer has been informed of the results of the investigation; and

F. Threatening the consumer's credit rating or reporting the consumer as delinquent based on the disputed amount until the consumer's dispute has been investigated and the consumer has been informed of the results of the investigation.

XI.

IT IS FURTHER ORDERED that, for ten (10) years after the date of entry of this Order,Defendants, and each of them, their fficers, employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive
actual notice of this Order by personal service or otherwise, directly or through any corporation,subsidiary, division,
or other device, are hereby permanently restrained and enjoined, in connection with servicing any loan except loans in bankruptcy or subject to forbearance agreements, from failing timely to
inform the consumer prior to the due date of each monthly payment (by means of a monthly statement or, with the consumers prior consent, by electronic notification, sent at least twelve
(12) calendar days before the payment due date, or by means of a coupon book)for each loan it is servicing, at no cost to the consumer, of the following information in a clear and conspicuous
manner:

A. the unpaid principal balance;

B. the monthly payment due as of the next due date and the due date;

C. if there are change(s) in the monthly payment amount and/or other amounts due, the reason for the change(s), except that, when using a coupon book, Defendants shall have the right to notify consumers of such change(s) by a separate clear and
conspicuous notice sent by first-class mail to the consumer at least twelve (12) calendar days before the payment due date;

D. a complete itemization of each and every fee assessed during the statement period;

E. the toll-free telephone number and address for the consumer to use if s/he disputes any of the information provided; and

F. within six (6) months after the date of entry of this Order, the total amount due.

XII.

IT IS FURTHER ORDERED that Defendants, and each of them, their officers,employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, directly or through any corporation, subsidiary, division, or other device, are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from
taking any action toward foreclosure until the Defendants have:

a) reviewed any records pertaining to the consumer's loan to verify that the consumer has failed to make three full monthly payments;

b) confirmed that the consumer has not been subject to any of the acts or practices prohibited by this Order, the loan instruments, or law, or if such acts or practices have occurred, that Defendants have remedied them; and c) investigated any disputes by the consumer and informed the consumer of the results of the investigation. Defendants shall maintain
records sufficient to document the steps they take to investigate and conclude each dispute.

XIII.

IT IS FURTHER ORDERED that Defendants, and each of them, their officers,employees, agents, representatives, and all other persons or entities in active concert or
participation with them who receive actual notice of this Order by personal service or otherwise,directly or through any corporation, subsidiary, division, or other device,are hereby permanently restrained and enjoined, in connection with the servicing of any loan, from:

A. Assessing or collecting any late fee or similar delinquency charge on a monthly payment, which payment is otherwise a full payment for the applicable period and is paid on or before its due date or within an applicable grace period, when the only delinquency is attributable to late fee(s) or delinquency
charge(s)assessed on earlier monthly payments (i.e., pyramiding of late charges); and

B. Assessing or collecting any late fee or similar delinquency charge once a loan account has been accelerated into foreclosure status.

CONSUMER REMEDIES

XIV.

IT IS FURTHER ORDERED that, within fifteen (15) calendar days after the date of entry of this Order, for all loans being serviced by Defendants as of the date of the entry of this Order,
for which Defendants records show that
(1) the loan is delinquent;

(2) the consumer has tendered prior loan payments sufficient to cover the scheduled monthly payment (principal and interest); and

(3) the delinquency is attributable to the non-payment of
taxes, insurance, or fees,Defendants shall re-classify the consumer's loan status as current and change their records to
remove the prior record of delinquency. For such loans, within twenty (20)calendar days after entry of this Order, Defendants shall report to any consumer reporting agency to which they have
previously provided information about each such consumer's account that

(1)the account is considered current, and (2) the prior record of delinquency is considered inaccurate and should be
removed from the consumer's consumer report. Within forty-five (45) calendar days after the 21 date of entry of this Order, Defendants shall send by first-class mail, at no cost to the consumer, a notice to all consumers whose loans are re-classified pursuant to this Section, stating:

(a) that the consumer's loan account is considered current and the consumer reporting agency[ies] has [have]been notified of the current status of the loan account; and

(b) the address and toll-free telephone number for the consumer to use in the event of disputes, as set forth in Appendix A. All costs incurred in performing the acts and providing the notices required in this Section shall be paid by the Defendants and shall not be credited against the Redress Sum.

XV.

IT IS FURTHER ORDERED that Defendants, and each of them, their officers,employees, agents, representatives, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise,directly or through any corporation, subsidiary, division, or other device,are hereby permanently restrained and enjoined from enforcing any clause in any forbearance agreement, entered into by any Defendant and any consumer between January 1, 1999 and the date of entry of this Order,that required the consumer to acknowledge his/her lack of claims or defenses;
waive access to court; or otherwise waive or release any rights or claims. Such nonenforceability shall not otherwise affect the legality of the forbearance agreement.

MONETARY RELIEF

XVI.

IT IS FURTHER ORDERED that Defendants, jointly and severally, shall pay the amount of forty million dollars ($40,000,000.00) to remedy the violations of law alleged by the FTC and
HUD. This amount constitutes redress paid for the benefit of consumers, and does not constitute a civil penalty. On or before five (5) business days after the date of entry
of this Order, Defendants shall wire transfer an initial sum of ten million dollars ($10,000,000.00) to the Commission or such agent as the Commission may direct, pursuant to instructions provided by the Commission. The remaining sum of thirty million dollars ($30,000,000.00)shall be payable upon the effective date of this Order as follows:

On or before five (5)business days after the date of entry of this Order, Defendants shall obtain and deliver to the FTC
an irrevocable letter of credit in the amount of thirty million dollars ($30,000,000.00) issued by a financial institution for
the benefit of the FTC. The letter of credit shall be structured so that the thirty million dollars ($30,000,000.00) accrues interest, from December 31, 2003 to the effective date of this Order, at the rate established for six month Treasury Bonds. For the letter of credit,both the financial institution that issues the letter of credit and the form of the letter of credit must be acceptable to the FTC prior to filing of this Order for the Court's approval. Upon the effective date of this Order, the FTC may draw upon the letter of credit, together with interest.
All funds paid pursuant to this Order (Redress Sums) shall be deposited into a fund administered by the Commission or its agent to be used for equitable relief, including but not
limited to consumer redress and any attendant expenses for the administration of the Redress Program. In the event
that direct redress to consumers is wholly or partially impracticable or funds remain after redress is completed, the Commission may apply any remaining funds for such other
equitable relief (including consumer information remedies) as it determines to be reasonably related to the Defendants practices alleged in the Complaint. Any funds not used for such equitable relief shall be deposited as equitable disgorgement into the United States Treasury.

Defendants shall have no right to challenge the FTC's choice of remedies under this Section.
23

Dee
Niagara Falls, New York
U.S.A.

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