I had a mortgage with Bancfinancial Corp., which was brokered by American Acceptance Mortgage of Chattanooga, TN. And was subsequently purchased by the thugs, muggers and creeps at Fairbanks, for my former residential home located at Lakewood Avenue, Soddy-Daisy, TN. Fairbanks illegally foreclosed the mortgage on this property in 2003 for alleged failure to maintain property insurance in accordance with the mortgage provisions.
While property insurance was properly and timely maintained on the property and all payments had been made in a timely manner, Fairbanks returned approximately four months payments to me via Western Union quick collect and proceeded apace with a non-judicial foreclosure action. This after months engaging in patently illegal collection practices including but not limited to verbally threatening both me and my family's physical well-being over the phone!
Due to my family's limited financial circumstances, we were unable to successfully challenge the foreclosure action in court, subsequently were forced to file chapter 7 bankruptcy, and ultimately a chapter 13 conversion in the fall of 2003. We lost the Soddy-Daisy house and have been forced due to financial circumstance to move into public assistance housing in Johnson City, TN., which we are in the process of doing as I write this.
Quite frankly, it escapes me why the thugs, muggers and creeps at Fairbanks are being let off of the hook so painlessly by the courts and the FTC. This letter should serve to elevate the thought processes of the reader.in every respect and at every turn the thugs, muggers and creeps at Fairbanks have violated the law (s), and continue to do so.By way of example I am now receiving calls from Synergetic Communication Inc., dba Syncom, a consumer credit collection agency registered with the department of commerce in Houston Texas, concerning our previous HOME at Lakewood ave.
The context of these repeated phone calls are fraudulent claims that these people (Syncom), are directed by an FTC mandated action, are on my side, and are attempting to save our home, by encouraging me to re-affirm an amended version of the original mortgage instrument, or perform a Short Sale with an investor and a realtor of their choosing after which my home will allegedly be sold back to me for less than the investor paid for it. All of these claims sound patently fraudulent to me despite repeated assertions by the thugs, muggers and creeps at Fairbanks agent (Syncom) on the phone, that this is all perfectly legal and above board.
In the first phone call, which was placed to my Mother-In-Law, (Syncom) told my Mother-In-Law that they had obtained her phone number and address from my bankruptcy attorney. This would have represented a breach of professional ethics, as well as, the law (s) concerning attorney client privilege and U.S. Bankruptcy law for him to have done so without my expressed permission.
When I was contacted by (Syncom), they told me that Their company had been assigned by the FTC to act as an intermediary or mediation specialist to help me resolve these problems and initially requested that I send her all of the documentation that I possessed concerning the foreclosure so that she could block it. She further stated that my attorney had given her my phone number and that the legal advice that I had obtained up to this point had been faulty that I should have never contacted an attorney in the first place and under no circumstance should I do so now.
In fact according to information posted on the FTC web site concerning fair credit collection practices, any of these measures resulting in a depreciation of the alleged value of the mortgage at this point would represent a shift of the federal tax burden from them to us. All of these repeated actions not only violate both the spirit and the letter of the law (s), The Fair Debt Collection Practices Act, The Real Estate Settlement Procedures Act, as well as, both chapters 7 and 13 of U.S. Bankruptcy law!
When we took out the original mortgage, we only borrowed about $29,000.00 to purchase this home. To this day all of the renovation costs on this home and most of the labor have been borne by my family.By purchasing a mortgage from my original creditor, less than 30 days after I had closed it, and subsequently trading it between sister corporations in some sick kind of shell game and adding Processing fees and Closing Costs each and every time the thugs, muggers and creeps at Fairbanks have FRAUDULENTLY inflated my mortgage to around $49,000 effectively stripping any equity we had in the house during these proceedings as the house was last appraised at around $50,000.
At no time did the thugs, muggers and creeps at Fairbanks submit to me in writing a true and correct Truth in lending disclosure, but rather a letter was sent each time stating that the mortgage servicing rights had been sold and that I had no choice but to agree to the sale unless I paid the ever inflating principal amount plus all assessed and associated fees. On several occasions when we were attempting to re-finance this home the thugs, muggers and creeps at Fairbanks failed to give a true and correct buy-out figure for the mortgage blocking us from further action.
The thugs, muggers and creeps at Fairbanks have and continue to issue patently fraudulent statements to credit reporting agencies preventing me from obtaining any financing with a reputable lender, this has subsequently ruined my business, leaving my family destitute, without a home and a greatly diminished source of income.
Now, to add insult to injury, they have provided the FTC claims administrator in the Federal class action with the wrong address in an apparent attempt to exclude my family from any remedy what so ever, regardless of how inequitable it may be! Remember, they are still contacting me, so it is not as if they don't know exactly how to get in touch! It is in point of fact my opinion that prior to any civil proceeding the first thing that SHOULD have been argued in front of both a Judge and a Jury was exactly how long the thugs, muggers and creeps at Fairbanks should have been placed behind bars!
The continued harassment of me by the thugs, muggers and creeps at Fairbanks and their agent (s), as well as, their continued protestations of no wrong doing in the proposed settlement serve only to tell me that not only are they abjectly impenitent, rather they view this as merely an associated cost of doing business and intend on doing their business as usual regardless of any sanctions the courts may see fit to impose, arguably placing them deliberately in contempt of them.
For these reasons I formally register my protest with all parties concerned regarding the proposed settlement. Moreover, I consider this entire matter to this point, an extreme abomination and a complete and utter abrogation and disgrace to the judicial system which has crafted, been accessory to, profited and been aggrandized from it.
If anyone out there can help, now would be a good time. I am just about all fought out. I used to believe in the system at least to some extent, I did military service, colledge, I've paid my bills, and even my taxes (without cheating on the math!), yet the most basic part of the American Dream has effectively been taken from me and my family by these people. At forty-one years of age I will never qualify for enough credit at this point to purchase another home, or re-start my business! These bastards need to be made to pay!!!
Eric
Soddy-Daisy, Tennessee
U.S.A.
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