I am writing for my daughter who has had a very difficult time with FAIRBANKS CAPITOL COMPANY. She, too, has been harassed verbally when making her payments. She went through a bankruptcy following Fairbanks take-over from her prior lending company - and did not know that payments could not be taken monthly from her checking account, as she was accustomed to having done.
Two months went by before hearing from Fairbanks threatening foreclosure. She immediately made the two payments (September and October) but they accused her of failing to make the payment for August - SHE HAD PROOF IT HAD BEEN MADE. They refused to give her credit for it until my husband, a lawyer, took over her case and wrote them a stinging letter. Since then they have added charges for appraisals (made without her knowledge - (see Uniform Covenants in the Deed of Trust), late charges, BPO's (Brokers Price Opinion fee), property inspection fee (three in one month), etc.
A statement was requested and it would take a CPA to read it, and they would have a problem.
We believe they are intentionally harassing clients they feel cannot fight back legally - and making illegal charges you would need a lawyer to prove. My daughter was emotionally drained and would become physically ill every time she called to make a payment due to the tone and threatening manner of the person taking her call.
She now has a witness every time she makes a call. She is charged $15.00 ADDITIONAL to make each payment. She is afraid to mail in her payments for fear they will not be deposited until the payment is overdue. They have totally disregarded the Uniform Covenants in the DEED OF TRUST. This company should be stopped. A class action suit may be the only way to get their attention.
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