Complaint Review: FAIRBANKS CAPITAL CORP

History to complex to tell all.

As of 05/29/2001 - All prior legal action battles back in place including - Chapter 13, paying trustee according to plan, and paying CitiFinancial post petition payments on MORTGAGE NOTE FOR LAND AND HOME situated thereon. EXCEPTION: An inflated claim was approved (without) documentation of what the amounts represent in the BcRuptcy proceedings 341 meeting, submitted by IMC Mortgage Company and/or CitiFinancial Mortgage Company AFTER CitiFinancial Mortgage Company/FAIRBANKS CAPITAL CORP mailed (in one document) - NOTICE OF ASSISGNMENT, SALE, OR TRANSFER OF SERVICING RIGHTS to Borrower dated May 16, 2001 effective date of June 2, 2001 Paying trustee according to plan, paying post petition direct and up-to-date on 05/29/2001 hand carried to CitiFinancial Mortgage Company, 5901 E Fowler Ave, Tampa, FL.

Then of course you know part of the REST OF THE STORY, which include ALL allegations and horror stories MADE by all other borrowers that appear in ALL the web site news and discussion forums and tv news, about FAIRBANKS CAPITAL. Then the battle began August 2001, Fairbanks refusing to accept payments, battle over forced placed insurance vs home owners policy and how they wanted the loss payee named on the home owners policy, payments put in suspense, escrow account (no escrow in contract) corporate advances charges, late fee charges, attorney charges when not applicable (4 corners of their desk became magic), wrong ARM interest rate calculations (WALL STREET JOURNAL 6 MONTH LIBOR RATE), etc.

HISTORY & EXCEPTION: On April 2, 1998, summons for personal service SERVED for foreclosure filed by IMC Mortgage Company. Borrower filed Chapter 13. In 1999 borrower allowed to get out of place, IMC sold property at sheriffs sale WITHOUT NOTICE on June 14, 1999, from the APRIL 2, 1998 service. On 02/14/2001 IMC/CitiFinancial did Court Order to take TITLE TO PROPERTY - BcRutcy Court - Middle District of Florida set aside this sale pending a case number xxxxx in state court in March 2001.

On December 20, 2001/January 18, 2002 another court order to lift automatic stay based on affidavit by FAIRBANKS employee Mary Ferrell stating December 1, 2001 post petition payment was not made, signed & notarized January 4, 2002, on behalf of IMC Mortgage Company, A Florida Corporation, successor by merger to industry Mortgage Company, L.P., A Delaware Limited Partnership, Assignee of BNC Mortgage Inc (hereinafer "Movant"). Amt of payment $ incorrect, PLUS PAYMENT WAS MADE. Borrower's ATTORNEY never did acknowledge receipt (CREDITOR'S ATTORNEY TELEPHONICALLY NOTIFIED DEBTOR'S ATTORNEY OF DEFAULT ON DECEMBER 2O, 2001. FAIRBANKS ATTORNEY - Letter - January 18, 2002, To: Clerk, U.S. Bankruptcy Court - RE: CHASE/FCCH vs. borrower - ...requesting final relief from stay, please submit the proposed order to the Court. Enclosure: 1. Certificate of Telephonic Notice, 2. Affidavit of Default, 3. Proposed order Lifting the Automatic Stay w/envelopes for distribution.
Borrower received January 23, 2002, JUDGE signed January 30, 2002. ///// Debtor's accountant prepared "Affidavit of Defense" signed and notarized January 30, 2002, and Debtor's prepared, signed "Debtor's Opposition - with payment exhibits and asking for audit of account at IMC expense and status quo until...account history and audit was settled". FAIRBANKS Attorney comes into court... 1st Court date April 4, 2002 - Postponed: Reason Debtor's major emergency room visit started on April 4, 2002 at 2:00 AM. - not out of danger until major surgery completed 11:00 PM. /////Next court date June 20, 2002. FAIRBANKS Attorney brings into court - Borrower Attorney and Fairbanks Attorney appear before BcRuptcy Judge to POSTPONE again telling Judge reason Fairbanks Attorney had received history of account, forwarded copy to debtor's attorney which then consulted with debtor's bookkeeper, both attorney's agreed account is really messed up & needs auditing - Judge said "What's the Matter They Can't Add and Substract" ... Judge wanted to know WHEN to schedule.. get this matter resolved....was left hanging....as to date. *****Was put back on schedule January 10, 2003 and BcRuptcy dismissed February 10, 2003. ***** OH,OH March 6, 2002,FAIRBANKS returned the January 2002 and February 2002 payments and REFUSED TO ACCEPT any more payments direct for post petition, they continued to ACCEPT TRUSTEE PAYMENTS for 2002. BORROWER RECEIVED 1098 INTEREST STATEMENT FOR OVER $4000.00 for Year 2002. //// NEXT COMES A
COURT ORDER RECORDED by Centex Home Equity LLC - March 27, 2003 IN HILLSBOROUGH CLERK OF CIRCUIT COURT....TAKE TITLE TO PROPERTY...from June 14, 1999 sheriff's sale, Summons of service took place April 2, 1998. How Centex is involved is unknown, Motice never received from IMC to CitiFinancial, IMC is out of business, Chase/FCCH (Fairbanks Capital Holding)has been dropped, CitiFinancial has been dropped,PMI in majority stock holder of Fairbanks Capital.

POINT IS:
1. Debtor still owns title to property.
2. Who owns my mortgage note?
3. DEFENSE LAWYER FEES HAVE COST ABOUT $9,000.00.
4. Payment total approx $20,000.00 paid after sale.
5. Sale was illegal per debtor attorney.
6. Sale not tainted per FAIRBANKS attorney.
7. Payments to P&I not applied.
8. Libor 6 month index plus margin miscalculated resulting in incorrect monthly payments.
9. Present history FAIRBANKS web site does not reflect payment since May 29, 2001, except two payments October 2002.
10. Should be a positive balance in escrow, they keep adding charges, because they took the positive balance and put in suspense.
11. Property Preservation Fee numerous charges recorded on history of account that was secured through Florida & Pennsylvania Attorney General offices in July 2002.
12. Broker Price Opinion charges every 3 months reflects on the history from attorney general offices.
13. And more... but I'll stop.

C c
Plant City, Florida
U.S.A.