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Report: #66807

Complaint Review: Fairbanks Capital Corp. - Jacksonville Florida

  • Submitted:
  • Updated:
  • Reported By: Fontana California
  • Author Confirmed What's this?
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  • Fairbanks Capital Corp. PO Box 551170 Jacksonville, Florida U.S.A.

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In Oct. of 2002 Fairbanks Capital Corp attempted to forclose on out home. They had only bought the loan 2 months previous, and had already applied late fees when payments were mailed in plenty of time to have reached them well before the 17 days it took them to apply the payments.

Fairbanks informed us by letter that we were being forclosed on for the amount of $3, 071 owed in late and misc fees, missed payments and legal fees.
Now, to the best of my knowledge and to be fair and honest, there were some leftover late fees on the account when Fairbanks took it over, but those were being taken care of with extra $100 monthly pmts as per my agreement (verbal) with the previous lender, and in fact, the two months payments previous to this forclosure notice were also for an amount $100 over the monthly payment.

I still have no idea as to how they arrived at the above amount amount, my records showed an unpaid misc balance of only around $700. I believed at the time that it was a straight out attempt to get my home (valued over $200K, with less than 1/3 of the original financed amount left to pay) for these fabricated fees, but I really didn't know what my recourses were, and I was frightened and intimidated by the rep, so I paid it.

I suspected something wrong, so I called my bank to see if the phone-check had cleared and they said no. I then called Fairbanks and was told that my property was in forclosure for failure to pay, that my phone-check had been returned. I told them that that was impossible, as my bank hadn't received it. The rep was rude and threatening and disconnected me when I requested a supervisor.

I then called my bank again, and asked them to fax me a statement to the effect that they had received no draft for payment in the amount I specified. I called Fairbanks back and got the one and only reasonable rep I've ever dealt with, who informed me when I gave her the phone-check info that she could see exactly what happened. The other rep had neglected to put 4 zero's in my acct. number. The NSF was actually an internal error and although she could see that, she apopogetically told me she couldn't do anything about the NSF fee, and referred me to the Customer Advocacy dept. Where she assured me all would be cleared up.

For the next 3 months of my busy life I made my payments with my online bank bill-pay service, secure in the knowledge that I was timely and all was well.
NOT!

I received a collection call threatening and rude regarding a late payment that was not late, along with a demand for aproximately $500 in misc. fees!

I have requested a disbursal of funds statement and payment history every month since then. I have not received either. They call me and harrass me every month...every day, in fact, unless I speak with them and then the calls stop for maybe a week. They have stated that I made no payment in April of this year, and although I know I did, it hadn't cleared my bank, so Last month I made 2 payments in one month only to have the mysterious missing check presented for payment at my bank a week later.

I believe this was a blatent attempt to have another NSF on my records. Instead it has made it difficult to pay all my other bills. Imagine, 3 mtg pmts in one month! Ouch!

Currently they are calling me daily again, and are claiming that I am still one month behind along with (now) over $700 in misc charges!!!

I am at my wits end with these criminals. I'm taking some of the advice posted here.
1)Calling the Federal Trade Commission
2)Calling The California State Atty General
I'm thinking of some other steps of my own, as well...
3) Better Business Bureau
4) Fair Housing
5) do some research on finding an Atty who would take on a class action suit on contingency
6) referring Fairbainks to this website every time they call.


Terese
Fontana, California
U.S.A.

Click here to read other Rip Off Reports on Fairbanks Capital Corp

This report was posted on Ripoff Report on 09/10/2003 10:44 PM and is a permanent record located here: https://www.ripoffreport.com/reports/fairbanks-capital-corp/jacksonville-florida-32255/fairbanks-capital-corp-ripoff-fraudulent-charges-late-legal-misc-fraudulent-forclo-66807. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
3Consumer
1Employee/Owner

#4 REBUTTAL Individual responds

Register of Deeds in you county will show that most if not all of the transfers

AUTHOR: Someone In North Carolina - (U.S.A.)

POSTED: Tuesday, September 16, 2003

Go to the register of deeds in your local courthouse and do a title search on your properties you'll find that most if not all of our loans are still recorded with the original lenders. Fairbanks is the servicer(master).

Fairbanks only collects the payments for these companies. If you look as hard and long as I have you'll find a Grantor Index which lists all of the transactions with Fairbanks and the companies that obtained Fairbanks services.

You'll also find the foreclosures and substitute trustee transfers on all of the deeds in your county. I found in my county that approximately 50 transactions were made with Fairbanks Capital Corp.since 2001 and that many of the companies that are mentioned on this site are named on their deeds of trust over and over again.

The original lenders still owns the right to your loans, they still collect any insurance(mortgage guarantee insurance)if by chance you default on the loan and they're forced to foreclose on your property. Yea right! Many of the victims of Fairbanks Capital Corp.including myself(I've been doing this since July,2002) needs to not only take on litigation against Fairbanks but to educate yourselves with the laws and do your own investigations.

You'll be amazed at the amount of releif you feel and the emotions that you felt when this horrible ordeal began controlled your thoughts and actions now you'll be able to control your situation instead of letting Fairbanks control you.

Educate yourself on the RESPA,TILA. All you have to do is go to your state government sites on the internet, the library, and your local register of deeds or your local courthouse.

Investigate everything especially the information you read on this site.Find articles in the newspapers and the media.

There have been many reports on Fairbanks. I let Fairbanks and their actions control my life for almost a year.I refuse to let them ruin my life or attempt to ruin my life any further.

F airbanks and all of it's associates will have to answer to a higher being for their actions. Good Luck!!!

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#3 Author of original report

new fee tactics/references for other victims of Fairbanks/PMI

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

POSTED: Tuesday, September 16, 2003

Update. This month, Fairbanks has found yet another way to hassle me and cost me $$. I made my monthly mtg pmt by phone (as I usually do--it seems to help with the "late" fees) and directed them to a specific account, NOT the acct on file.

Today doing my online banking I saw that the draft was posted on my acct on file, engendreing not one, but 2 NSF fees from my bank. Fairbanks CS said there will also be a late fee and NSF fee from them, and of course, I am to deal with it by faxing documentation and such to the so-called "Customer Advocacy/Dispute" dept..
Another $104 from me..

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#2 Consumer Comment

Comment to Terese in Fontana

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

POSTED: Monday, September 15, 2003

Thank you for your story. I am in the same boat with Fairbanks. That is their policy for every mortgage they buy. All the people that work there watch the TV news and Rip-off Report and know what they are doing to the public. They choose that job and work it no matter how painful it is to the public.

Hopefully you can get the media, justice and government agencies to bring down Fairbanks.
I choose not to answer their calls and am trying to refinance to get away from them.

However, I have heard they buy the mortgage right back after the refinance is over.\

Also, during the refinance, they are standing there with all those incorrect charges.
Good luck to you.

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#1 Author of original report

Fairbanks was ordered by the judge to halt all forclosure proceedings on over 160 homes

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

POSTED: Thursday, September 11, 2003

After discovering ripoffreport.com and filing my report, I spent some time reading other reports on Fairbanks and then hit the web to do a little research of my own.

I found 3 news articles about Fairbanks in various legal disputes. One in NC, wherein Fairbanks was ordered by the judge to halt all forclosure proceedings on over 160 homes. Homes like mine and yours!

I did make my report to the Federal Trade Commission, telephone # 1-877-382-4357, I also called my Senator (CA Nell Soto) and spoke with an aide, jackie, who is looking at this site and doing whatever other research she can do.
She has further requested that I email her whatever documentation I can put together, so that is high on my "to do" list.I still need to make my report at the HUD hotline. That may be done by phone at: 1-800-347-3735, or by email sent to: hotline@hudoig.gov, and my California State Bar Association directed me to The Better Business Bureau and The Dept. of Consumer Affairs.

Also sent the URL to ripoffreport.com to Fair Lending along with a copy of my report. By coincidence (NOT!! They call every damned day!!), Fairbanks collections called me today, and lo and behold they were polite and friendly for the very first time in our awful relationship. It makes me wonder if they are monitoring this site?!

Anyway, they tried to collect on another so-called "late" payment, The collections rep, Ms Dubalas, seemed to sincerely try to figure out why they were reporting me late, when the figures added up!

Before she passed me on to Customer service, I asked her if she knew she was employed by a company that was being investigated for fraudulent forclosures and had over 600 class action suits filed against it.

She calmly replied yes, she knew that and transferred me to a Kimberly Nathan who, also unable to solve the discrepancy even after checking with "Barbara" in the cashiers dept., informed me that I must send copies of my cleared payment drafts to the Customer Dispute Department, which, curuiously enough, has the same fax number ad the so-called "Customer Advocate" Kimberly, BTW, acting sincere as I gave her this website, could hardly refrain from laughing out loud.

In ending this update, My general plan is as follows. Gather all my bank records, compile them along with a cronology of events, and send them, including every article, ripoff report, statement, etc. I can get my hand on and email, fax or snail mail them registered to Fairbanks, the above mentioned offices, Oprah, Dateline, 20/20, 60 minutes, Nightline, Fox News and anybody else I can think of.

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