We mortgaged our house with Nations Credit in May of 1999. I bounced a check in Jan. 2000 and we've had hell since.
I asked for an extension agreement of two months because I could not catch up the one payment that I was behind.in the meantime, my May payment was not applied. So now I'm two payments behind according to Nations Credit.
In August I was granted a two month extension but the May payment still had not been applied. And this was even though I had faxed them a copy of the cancelled check.
Two more months go by and the May payment has still not been applied to my account and I am receiving harassing phone calls saying I am two months behind and threatening legal action. Take note now that I have an extension agreement that moved two payments to the end of the contract which should have brought me current even with the May payment not being applied.
I hassled with Nations Credit from that point until April when Fairbanks Capital took over my account. All this time receiving threatening letters and harassing phone calls which caused my wife even more distress than I. To this day I don't know if that May payment was ever applied. It could still be in research!!!
As I said Fairbanks took it over in April and in a letter from them dated April 30 I was threatened with foreclosure.
They had also come up with a bunch of extra fees from out of nowhere including insurance even though I showed proof of said insurance that I carry privately, other charges that I won't get into now and also added interest for each day that a payment is posted past the due date. This interest is added at the rate of approximately 28.00 per day for every day that the payment is past due.
I've got to make this long story short!
We signed no note agreeing to the terms of this so called daily simple interest loan that Fairbanks says we agreed to and even with numerous requests by me to produce proof of said note, I have received nothing from Fairbanks answering that particular inquiry.
Fairbanks initiated foreclosure proceedings and I had to hire an attorney as a mediator and he did succeed in getting the foreclosure put on hold supposedly until the matter can be resolved.
The trouble is, it's not being resolved and I will eventually face foreclosure again because I will not pay wht I do not owe.
Is there anyone out there that can help me take action against these people? Posssibly a class action suit? I would like to bankrupt these people... Again!!!
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