unjustified foreclosure

greenspun.com : LUSENET : Repossession : One Thread

My mortage company is Fairbanks Capital Corp. My mortage is being handled by their loan servicing center. In August I found out that my home was in foreclosure and up for sale on August 29.2002. The mortage company had my account showing five payments behind. After dealing with several people who seemed careless about the fact that a mistake had been made on their part I was put in touch with a young lady that was willing to listen and check the account out. I still had to sign a foreberance to save my home because of the mistake they refused to correct. However, after signing the foreberance I will not have to make a payment until October of 2002. This only re-enforces what I was telling them in the first place, that my house should not have been put in foreclosure. I sent them $2100.00 I had recieved from a medical insurance claim which I needed to pay my medical bills. I have been penalized because someone in their company made a mistake. I had to paid high lawyer fees and other fees that I could not afford and should not have had to pay. How do I recover some of my money or file a law suit aganist this company that I can win. I checked with the Better Business Bureau who have complaints from customers about this company. They seem so unconcern about the business they are involved in. They have no specific person to handle your file, files seem to be passed around and anyone can add or take away monies from your account. For example, Christine my last loan officer who really helped me, made a payment on my account using monies in suspense on my accouunt, someone later went into my account and removed the money. I was notified nor was Christine who works in the office and when I called, just to check, I was told that I was a note behind, again. I would have been if I had not contacted Christine again and she tracked down what ever went on a reapplied the money to my account. They refuse to send me a computer print out of the transaction on my account. I'm at my wits end and don't know what to do. I am feed-up with this company this is my home they are playing games with.

-- NellieRatcliff (nellieratcliff@hotmail.com), October 11, 2002


Nellie this is a UK site and I doubt anyone will be able to give you any help with a US problem. Fairbanks are in Utah right? Try this website out or call them:


BBB are usually quite helpful. Hope you sort them out.

-- Too scared to say (iwasduped@yahoo.com), October 11, 2002.

I'll try again - sorry the site is playing up and I missed your first comment about the BBB. Try a fixed fee lawyer - and get them to send Fairbanks a letter demanding a statement of account and reallocation of payments and correct interest, thereby cancelling the note. I hope you sort them out.

-- Too scared to say (iwasduped@yahoo.com), October 11, 2002.

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