Fairbanks Capital Corp
Escrow dispute, force-placed insurance and credit damage after a spouse's death

Fairbanks Capital bought my spouse's loan in February 1999. In March 1999, Fairbanks sent a letter stating that we did not have an escrow account and that we owed five thousand dollars (my spouse never had an escrow account; he paid taxes and insurance separately). We went back and forth with Fairbanks on this issue and stated that their records were incorrect. In April 1999, Fairbanks wrote another letter stating that we did not have insurance on the property.

I personally had State Farm Insurance Company fax the insurance information. Fairbanks failed to acknowledge the State Farm policy and proceeded to attach insurance to the monthly mortgage for approximately $169,000.00. Around November, my spouse spoke with an attorney in Alpharetta, Georgia, and proceeded with bankruptcy to save our home. Fairbanks Capital did not send any more foreclosure threats to my spouse after the bankruptcy was filed.

My spouse died on February 15. I inherited the home and continued to pay Fairbanks until I could be refinanced through another lender. In May, Fairbanks sent me a forbearance to sign and pay approximately $3,600. I complied. Last year alone I paid Fairbanks over $28,000.00 on this mortgage that started out as $168,000.00 and is now $178,000.00.

Monthly mortgage payments were sent in the amount of $1,886.00, plus two (2) cashier's checks in the amount of five thousand dollars and three dollars plus. I paid Fairbanks over $9,000.00, which was misapplied. I tried to refinance my home, and Fairbanks told potential lenders that I was over $9,000.00 in the rear. My credit was pulled over eleven (11) times and no lender will take on my home because of the derogatory reporting that came from Fairbanks Capital.

Fairbanks Capital sent me another forbearance to sign. At the end of another six-month agreement I should pay them over $9,000.00 again. I have heard horror stories in the Metro Atlanta area concerning Fairbanks Capital misapplying payments and later foreclosing on homes.

I now have to sell my home to my brother in order to stay in my home. This will cost me $12,900.00. I now believe I should have sold my home earlier to avoid all the harassment and grief Fairbanks has caused me. My doctor has given me medication for depression and anxiety; again, Fairbanks has not only taken my money, now they are getting to me physically! This truly has been a nightmare.

This lender has repeatedly taken my money (I am a widower), they played on my emotional state, and nothing is being done to rectify their misapplying payments. I HAVE ALL MY DOCUMENTATION CONCERNING FAIRBANKS CAPITAL: foreclosure, threats, forbearance agreements and pay history. I would appreciate your investigating this lender in the Metro Atlanta area.

Company: Fairbanks Capital Corp
Country: USA
State: Utah
City: Salt Lake City
Address: 3815 South West Temple

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