My loan was transfered 11/01/02 to these clowns. I of course was unaware. I have made many phone calls and faxed many letters and got almost nowhere. I was in the process of refinancing my home loan at the time. I call for a payoff and hit a brick wall. I called 10-20 times a day to get this information. Each time I was asked to do something different to get this document.
I finally did somthing that did the trick. I went out and bought a phone recorder. Each time I would call I would ask the persons name and extension at the begining of each conversation at the end I would say "Well we have spoken for (state how long) sorry but I forgot your name and extension.
Then inform this person that you were also was taping the conversation for your records. I did this three times. Finally I got justice. You see there is a little loophole in the law that basically states that if you "Knowingly" defraud a person, company and the like on behalf of the company you work for you can be charged with knowingly perpetuating a fraud.in other words you know the company policy is wrong but follow it anyway and you know the policy is fraudlent.
Ok here is how I did it. Firstly I called and asked for my payoff. I was jerked around a little bit then finally got customer service. Ordered the payoff amount and stated that I would call back in 1/2 hour to make sure it was ordered. Each time I did the taping thing. I would call back and be told that "yes the document has been ordered".
Remember before I taped the conversations I spent 9 days trying to get a payoff quote. Finally when I reached a customer service person for the second time I asked about the payoff quote. I was told it had been ordered and asked for a time and when I would receive it.
Then I replayed the previous conversation with the same person over the phone. This way you can prove in court that by them (Fairbanks Employee) stating a second time the item had been ordered when it had not this satisifies the law and allows you the right to press charges remember the onous of proff is on the consumer to prove wrongdoing not the corporation this would be self incrimination and the corporation is protected from self incrimination by the law.
Therefore they do not have to hand over any tapes of previous conversation (s) but if you have tapes of the same conversation (s) it is a whole different ballgame. OK now tell the person on the phone that this is the second time you both spoke about the payoff qoute and ask "For the record has my payoff quote has been ordered and will I receive it in 5-7 working days?".
After this employee said yes I was instantly picked up by some supervisor who after me expalining my plight (on tape) offered to help me in anyway she could. She called me twice a day to make sure I was being taked care of and within 3 business days I had my payoff quote. Now I am hopme free the loan was paid off today.
As far as your monthly payment here is how you protect yourself. #1. Hire an attorney or an attorneys assistant. Pay the 25-50 dollars a month to send your payment with a letter on their letterhead stating that you are sending payment on this account and that the letter has been send certified amil with return signature request make sure the payment is in their letterhaed envelopes via certified mail with return signature request.
By thier signature that is the proff of when the payment is received, from then on you are not liable of when they post because of the proff of their recipt. If they refuse that is also record of possible fraudulent activity. REMEMBER the onus of proff is on you! Even if you are the Pope nobody will take your word unless you have physical proff. This works.
When Countrywide home loans tried to past post my payment a couple of times, I did this and within a few months they punished me by transfering my loan to Fairbanks, but the past posting stopped and they instantly corrected my credit and sent me a letter of appolgy to me and a letter to my attorney. He it cost 45 bucks a month but I protected my home, family and credit.
Fairbanks will make sure they do everything thay can to keep your records straight because they will nkow you keep legal and recorder proff.
Good Luck,
Brent
Buena Park, California
U.S.A.
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