My husband and I are in the process of refinancing our home. We are currently in Chapter 13 bankruptcy and have two months until the case is discharged. Just as we were to go to the closing our agent informs us that Fairbanks reported to the potential loan company that we have not made payments since April. We told her that is impossible, because we are in Chapter 13 bankruptcy and because of that they would have had the automatic stay modified at three months delinquency.
We spoke with our bankruptcy attorney who agreed that this was preposterous, and that the court papers would prove this otherwise. He sent us documentation to prove this, and we called Fairbanks to discuss the error. We spoke with a most rude, unhelpful lady that was unwilling to hear what we had to say. When we called back, another gentleman at least listened to us and said that he would postpone the foreclosure so that the case could be reviewed. This, however does not help us to refinance.
In the past, Fairbanks has also held checks that we sent to them, reported us late so that we had to pay late fees and court fees. They even had the gall to return the checks they held.
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