On September 10 my husband and I came home to a notice that our Property Taxes (which are paid through escrow) have not been paid and on November 5 the county is going to place a lein on our home.
We are currently under Chapter 13 protection and we immediately contacted our attorney along with trying to do some investigating ourselves. On Sept 11, I was on the phone over 40mins trying to get someone to help me at Fairbanks Capital so we can resolve this issue. I was switched from department to department and when finally was at the right department, I was able to get only one statement from one of the representatives that I spoke with that our account has been noted that our taxes WILL NOT be paid and client is endanger of losing their home. I asked for a supervisor and was hung up on.
My attorney took over with the phone calls and with no surprise, he could not get any answers and this is still being sifted through as I speak. Who knows what I will be facing Monday morning when I call him for an update.
Approximately two years ago we went through a similiar situation with Fairbanks Capital. We did not choose this mortgage company. Our original mortgage was with IMC who sold our mortgage to Fairbanks Capital. At that time Fairbanks knew we were in Chapt 13 and sent a notice to the courts trying to dismiss our case stating we had several missed payments.
Please note, to this day Fairbanks has NEVER sent us a monthly statement. We have asked several times for this and have been told that because we are in bankruptcy they are not required to send us statements. We are to pay according to our Plan Agreement. Fairbanks stated that we owed over $3000.00 and some change in missed payments, late fees, interest, attorney fees and miscellaneous fees. My attorney was able to stop the dismissal but only if we paid these fees ASAP. Of course we did, if not, the alternative was losing our home via foreclosure.
We thought the nightmare was over. WRONG! As you can see by the recent situation, we are now in HELL all over again! I am hoping it is not too late and court proceedings have not started against our home. Again, I will know more Monday. The current situation is as such. Fairbanks Capital claims that we have not paid our mortgage payments therefore they cannot pay our taxes out of escrow because we do not have enough in escrow to cover the bill.
Because Fairbanks has never sent us a statement, for two years, every month, ON TIME, we have paid the same mortgage amount. We have NEVER been notified nor has our attorney been notified that we are not paying the correct amount. Therefore our account shows past due and current payments are being applied to past monies due causing our mortgage to show in arrears.
Out of curiosity and looking for help, I searched online and found this website. I just sat and cried knowing that I am not the only one as I had thought two days ago. My husband and I have tried so hard to live through this bankruptcy and get ourselves back online so we could put this in the past. Just because someone files bankruptcy does not mean you have lost all your rights. Nobody deserves to be treated like your third class as Fairbanks has treated us.
This company is a scam and needs to be stopped. I am just one more added to this list as I am sure with great regret there are many more of us out there and it is too late for them.
Monday morning will not only be an update, but we have also decided to seek a Class Action Attorney and we are going to take legal actions against this company.
If anyone currently knows of any lawsuits currently being filed and can give some information we will gladly add our names to this ever growing list. After reading all of your horror stories I have decided I will NOT sit back and just hope my attorney can get this resolved. This needs to end now and never happen again. I will also fight my own fight against these corrupted group of people.
I am so glad I came across this site. Know that our thoughts are with each and everyone of you who are going through this too.
Carrie
Upstate, New York
U.S.A.
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