Complaint Review: Fairbanks Capitol Aka Select Portfolio Servicing

We have been fighting Fairbanks aka Select Portfolio Servicing ever since they bought Conti mortgage at least 5yrs ago.

This marks the 2nd or third time they have tried to foreclose/steal our home with $115,000.+ of equity with only $50,000.owed against the note! We have lost in excess of $20,000. to these repeated foreclosure scams! Our monthly mortgage is only $475 a month but, we had been thru some tough times with my health and until recently when my husband got into the oil biz and now has decided to hire a lawyer to audit our acct and sue them.

We got behind a little but, decided to pay the mortgage before the end of the 2nd month to put us one mo. behind to avoid problems..should fix it, right? No...these BAST$#d's parden my french, decided to call the note due and added lawyer fees of over $1000, corporate advances, interest fees of $900+, drive by inspection fees, past escrow fees of about 3 grand, etc.

We called them and the agreed by phone to stop foreclosure if we paid them around $5 grand! Later they upped it to 7 grand! Mind you we owed them under $1000 for 2 mo's but, have been fighting never ending inflated escrow fees that we can never get rid of for past rip offs steming from the days before they were sued by the HUD and FTC! We didn't join the class action as we feared the settlement would keep us from repairing the over charges and the settlement would be bogus, which it was! However, they denied our western union payment on day 23 of the 2nd month and sent us certified mail stating they had posted the house for foreclosure by the 2nd of the 3rd month. Fearing they were a moving target of liars, we called a lawyer to pin them down on what amts were owed...I guess this is RESPA? They produced this itemized pc of crap that explains nothing!
Corporate advances...for what?

My lawyer asked them to negotiate a settlement and they played a game of making the lawyer think they would operate in good faith, call him back, and be nice. He waited for an answer until nearly 15 minutes before close of the biz day, the day before the foreclosure sale! We were within minutes of making the wire transfer in time. They refused to negotiate and forced us to pay 7 grand to stop the sale. My husband can not believing the ethics of these crooks in the town of Mormon's who believe in honesty, God, and country! The HUD/FTC settlement with these crooks can be briefly described on the Utah Better Business Bureau. However, who the Hades is enforcing it?!

HUD gave me some lame story...blah, blah, blah no action. SPS is not supposed to foreclose on properties under 60 days late, are suppose to accept partial payments, and are restricted from charging excessive fees...WRONG! They are still doing their dirty little tricks and NO one policing the agreement. I wrote my Republican Senators...Kaye Bailey Hutchinson and John Cornyn begging for help to stop the foreclosure and pass bills to stop mortgage servicing scams on subprime borrowers who are trying to get back on track. I have gotten NO response from the political fat cats and I am a Republican! It was a Democratic, Barbara McClusky(sp?)Maryland that went after them in '03. I ask you...where are the Republican's in all this? We have three kids and not even a call from these grand standers I voted for! I did call the FBI and urge anyone experiencing the same problem to please file a report with them as they will investigate and keep records of complaints and go after them once enough complaints are filed.

The FBI mentioned they may have broken Federal law as the wire transfer went over state lines which is a federal crime. We'll see! Also, filed with FTC, HUD, and am going to file with Atty General Abbott, banking commission, and BBB. If anyone can think of what else I can do...Help. I did read that these guys are charging a standard lawyer fee...hint! How do you do that? The lawyers only work for them! Unethical! There may be kick back from atty fees recovered to the servicer! The lawyers refused to work out an agreement with my lawyer! Told us to talk direct to SPS...another sign the legal fees are bogus! They are a front! Ask for copies of lawyer time sheets. The lawyers are suppose to keep records of time spent on the case with receipts for payment to the lawyers! I bet that only a lawsuite can get that out of these bums! I want the name of the drive by gangster inspector, his qualifications to appraise my property, license #, copy of bill to SPS, etc so that it can be proven this is all BOGUS AND REPORT HIM TO THE REAL ESTATE COMMISION!

We have had it and am dog tired of them stealing our kids college money! They want a fight...they are getting one! Oh yeah...if they threaten they are recording you by phone...you record them and tell them you are asking FOR their permisssion to record in the event you need to sue their butts! They will stop the abuse.

We got a phone hooked thru the computer AND JUST REALIZED we have records of all their blocked calls to us with illegal calls made to us before 8 a.m.! We could not figure out who was blocking calls to us until foreclosure. They are leaving a recorded 4 digit number on your ansering machine so you can not call them back but they can enter call records in court showing that they called you, left a message, and you defaulted by NOT calling them back. We couldn't figure out who this was until days ago when we read their tactics to steal homes with big equities. Good luck to you all having the same woes! There is a God up above and I pray He stops them! Martha Stewart in jail for what?! Hah! How about these frauds in jail facing inmates! Chow!

Donna
Leander, Texas
U.S.A.

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