Fairbanks Capital bought my parents' loan about 2 years ago, at the time my parents had (and still do) insurance with State Farm because their pervious lender did not have Escrow accounts.
About 3 mounts after Fairbanks bought the loan they forced insurance on my parents. My mom tried and tried to tell them she had insurance on the house but they would not listen. She even had her insurance agent fax, call, and write to them all to get no where.
So my mom stopped paying the insurance portion of the mortage payment. (Fairbanks tacks on a lot of misc stuff to the payment of the loan so you can't dispute it.) Fairbanks, because my mom made a partial payment according to them, said they would put all of the payments into a "suspense account" untill the next month so they could call and threaten 4 times a day as well as charge late payments. When my mom would tell them that she sent a payment and that it was cashed, on such and such date, she would be told that there was no such record of payment etc.
Then Fairbanks sent my parents a Notice of Default. This is after all the faxing by the insurance agent to prove that they had always had insurance on the house. So my mom got an Attorney. He even sent them a letter to one of THEIR ATTORNEYS Allen Shunt. It seemed like he might do something, but all he did was forward the letter to a couple of different deparments and stated that he would have nothing more to do with that loan.
Then this last Monday some guy came to my parents door to make them an offer on their house acting like he was doing them a favor. He informed my parents that their house was up for sale in two days. My mom informed him that they where never served with a Notice of Trustee Sale. He came back the next day and said that he went down to the County Recorders Office and was shown a picture of the Notice attached to their door (BS!)
My mother went down to the County Court House where the notice of sale was posted and there was nothing there. Then she went to the County Recorders Office and the only thing Recorded was the Notice of Default.
Then last night I found this web site and realized that guy that came to their door was from Fairbanks and was trying to scare my parents into selling. Well my mom browed 6,000.00 from her 95 year old father to send to Fairbanks in an attempt to stop the sale. However, from what I have read on the message boards - good luck.
My former boss (the attorney) made some calls yesterday and found out that the house is to be sold on May 14 NOT April 23 and that it hasen't even been published in the Newspaper yet. That was another thing the guy that came to my parents house said. He said it was published in the newspaper.
You can't talk to Fairbanks if you have a disput and you can't talk to them if you try and work out a deal to save your house with them, and if you try to refinance before you have problems they stop that too. They need to have Criminal and Civil charges brought agaist them.
My daughter lives with my parents and she is SEVERELY DISABLED. My father, after 20 something years of employment, was fired because of his age (2 years from retirement) if the house gets sold out from under them, as I fear even though they paid the 4,000.00 that Fairbanks said they need to pay in order to bring their house curent (my mom sent $6,000), they of course can stay with me, however I live 3 hours away from them and my daughter will lose her stable home life, her school, and her doctor that has taken great care of her over the years.
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