Fairbanks Capital
Foreclosure filed after mortgage sale, with backdated assignment accepted by court
- 05-09-2003
- 22
Fairbanks Capital has taken me to court for foreclosure. I had my mortgage with Superior bank until July. At that time they sold to Fairbanks Capital. I was unaware of this. I had received a letter from superior bank stating enclosed you will find your satisfaction of mortgage. Thank you for doing business with us. It also enclosed the deed to my land and title to my home.
In August I received a call from Fairbanks Capital wanting to know where my payments were. I informed them I didn't even know who they were. They told me they had acquired my mortgage from superior bank. I was never sent a letter informing me of a new servicing agent. Fairbanks wanted me to give them my husbands ss# and place of employment. I refused due to the fact if they had my mortgage they should have that information.
The next thing I know is they are foreclosing, sending people to take pictures of my house, and making several harassing phone calls a day to my home.
I had a title search done on my property and found that no one had a lien on my home. It was mine free and clear.
Needless to say I wound up in court, with a judge that is all for financial institutions. He will let them do what they want.
Fairbanks nor their attorneys showed up for court. I filed a letter of dismissal with the court on grounds that they were in default, and had no proof they held a note to my home. The judge still let them file a letter of assignment that is dated 1 year before they supposedly assumed my mortgage. Now I am having to pay. Pay'pay to try to get out of debt with Fairbanks.
Fairbanks have even refused my payments for the correct amount and sent them back to me. The judge still is in their favor.
In order for me to not loose my home I have got to agree with a forbearance. My Credit is ruined no one wants to finance me for anything because of the practices they are using. And because a judge will let a financial institution do whatever they would like.
Company: Fairbanks Capital
Country: USA
State: Utah
City: Salt Lake City
Address: 3815 South West Temple