Complaint / Review
Fairbanks Capital Aka SN Servicing
Foreclosure says we owe $45,000 above the original note. Is there anyone else who has had this much added to their loan before they filed foreclosure? Help!

They have filed foreclosure on our house and claim that we owe approximately $45,000 above our original mortgage loan and they have done this over the last 3-4 years, we knew something was wrong but had no idea it was this catastrophic until I read this information in the court file of the foreclosure at the courthouse. We have no choice but to file bankrupcy and have not had our hearing yet, but I am worried they will make us lose our house.

They claimed we made our last payment in April, when in fact it was one to two weeks before the foreclosure was filed. We called after we got the foreclosure notice and they had no record of the payment and the girl we had been dealing with had left the company right before they filed foreclosure. She had said it was "no problem" when we made the payment.

I thought maybe she had taken the money, but after my husband got angry on the phone, they "found" the $2,000, but I believe they will add the payment to "after the foreclosure was filed" and that will not allow us to file bankruptcy. (I have checked with officials about this, if you make a payment after foreclosure is filed, the company has reason to refuse the bankrupcy.) Does anybody know any tips on how to prove that we do not owe $45,000 more than our original note?

Anyone out there who has had this exact experience, please email me and give me advice. I believe that they will have every avenue covered when we go to the hearing and if the bankruptcy is accepted, we will have to pay additional money (part of the catch up added to the original mortgage payment spread over the life of the bankruptcy) to them and will not have enough money and lose everything anyway.

The original note is close to the value of the house, so how could it go up so much. We have paid so many 1 1/2 payments with the hope and their acknowledgment that they will refinance the loan after we pay them.

Please!!! Someone give me any information that might help before I go the bankrupcy hearing. I did enter the class action suit and received a check last week (I was supposed to receive $1,300), but only got a check for $146.00. This is outrageous!

Thank you for reading this and please email me if anybody can help.