Complaint Review: Fairbanks Capital Corp.

I'm suing Fairbanks Capital Corp. in small claims court on June 2, 2003 at 9:00 am. If anyone would like to come, the location is:

North Regional Courthouse
1600 W. Hillsboro Blvd., Room 2
Deerfield Beach, Florida
Case No. 03-01300
Judge: DeLuca

If you have any documentation regarding abusive insurance/payment processing by Fairbanks and would like to forward it to the court, please send it to the above address. My summary of complaint is below.

STATEMENT OF CLAIM SUMMARY


My mortgage loan was sold to Fairbanks Capital Corp. by First NLC Financial Services. On September 26th and October 19th of 2002 I received letters from Fairbanks Capital Corp. informing me that I did not have the requisite insurance on my condo located at 3050 NW 42nd Avenue, Coconut Creek, FL 33066, and that they were going to purchase insurance for me at my own expense and add it to my mortgage payment. As per their instructions, I faxed copies of the insurance policies held by my condo association. I found their customer service number online and called Sandra to confirm receipt. I was assured that the matter was resolved.

On December 5, 2002 a third copy of the letter arrived. I tracked down their headquarters in Utah and phoned their Registered Agent, Terrell Smith both at home and at work. I faxed a letter to his office with a cc to the Florida Banking and Finance Commission. I received a letter on January 16, 2003 from their Consumer Affairs Consultant, LaTreal Kizer, confirming receipt and again assuring me that this matter would be resolved.

On March 6, 2003 I received a fourth copy of the letter. After finding numerous class action lawsuits, complaints, and criminal investigations against Fairbanks Capital Corp., I have come to the conclusion that this is not a clerical error, but the companys modus operadi. Others in my situation have lost their homes due to the companys illegal and unethical business practices. On the advice of Floridas Division of Finance Consumer Complaints, Ive chosen to litigate.

As relief, I am asking for an immediate injunction on the purchase by Fairbanks of said insurance policies, that they pay $5,000 towards the cost of refinancing this loan with a reputable mortgage broker, and that they waive the 5% prepayment penalty. I do not wish to continue to do business with this company. I believe this is a fair settlement in light of their unethical behavior. For the sake of expediency, I am willing to take payment in the form of a reduction in the amount owed to Fairbanks Capital Corp. when I refinance this loan.

Grace
Coconut Creek, Florida
U.S.A.