Usacomplaints.com » Business & Finance » Complaint / Review: Fairbanks Capital - GMAC, Homecomings Financial, TD Service, American Release, Integrated Lender Serv Unlawful Foreclosre - Predatory Servicing. #77082

Complaint / Review
Fairbanks Capital
GMAC, Homecomings Financial, TD Service, American Release, Integrated Lender Serv Unlawful Foreclosre - Predatory Servicing

This lame excuse for a business is involved in predatory servicing of mortgages. They use various names to do it but the bottom line it's all the same company. They tried once to foreclose on my property and after I did a refi thought I was rid of them but as soon as my refi went through they snached up the loan again.

I hit bad times when my husband was diagnosed with cancer and unable to work. I was able to delay foreclosure long enough to get the money I needed to bring the loan current. The sale was to be April 15. I called them on the 14th to get the amount I needed to send in to bring my loan current. At first they wanted to put me on a payment plan which they had already offered before but that would have raised my payments by $1000. They reviewed my file again and said that I could more than afford an extra $1000 a month of a year and they would see what they could do to get the sale date postponed. She also told me that my loan to value ratio was 50 to 1 and why didn't I think about doing a refi with all that equity? I didn't that question deserved an answer since that's how I got into this mess. I again asked them for the total amount needed to bring my loan current and they hesitantly finally gave me the figures. They told me to call back in one hour to see if they were able to get the sale date postponed. I claled back approximately 3 hours later and talked to someone else. Note: they don't allow you to talk to the same person twice. The person I talked with the second time first told me that there was no record on the computer about the sale being extended, then put me on hold for an extended time while he "checked." When he came back on the phone he said yes that the sale had been postponed for 30-days that my file had been sent to their hardship office. I asked him how much money I needed to send in and he told me not to send in any money and not to do anything until I hear from them. If I didn't hear anything back from them within one week, then to call them. Later that evening I called the Trustee's recorded sales line to see if the date had been changed on their records. The recorded message stated that it had been postposed to a date in May and the reason for the postponement was "mutual agreement." I called twice to make sure and had someone else listen to the recording too.

Less then one week later I received a 3-day notice to vacate. They had sold my property on April 20. I contacted Fairbanks, again not speaking to the same person as before. I was told the sales date had not been extended. I told them that they said that it had and she replied "what difference does it make? You didn't have the money anyway, you asked for a payment plan." I told her that they were the ones that offered me the payment plan and that I did have the money. No intelligent comments from Fairbanks after that. I contacted the Trustee who has the recorded sales message about the date change. All I was told was that you have to attend the sale to get the current information. But if the sale date is advertised as one date and then without warning moved UP, how can you attend. Besides if it had been publically advertised how can they move the date up? They never responded after that.

Since then I've been served with an Unlawful Detainer. I hired an attorney and I'm going to FIGHT THEM AND WIN!!! Apparantly the recent class action suit against them that is currently in the penalty phase has not affected their performance. They continue to do what has already been proven to be illegal.


Offender: Fairbanks Capital

Country: USA   State: Utah   City: Salt Lake City
Address: 3815 South West Temple
Phone: 8012931883

Category: Business & Finance

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