- Report: #67389
Complaint Review: Fairbanks Capital Corp. - Nationwide
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Fairbanks Capital Corp.
PO Box 65250, Salt Lake City, UT 84165-0250 Nationwide, U.S.A.
Phone:
801-293-1883.
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Fairbanks Capital Corp. a/k/a The Loan Servicing Center Trying to foreclosure on my home when I owe nothing! this is the second time. I won the first time! Salt Lake City, Utah
This is a letter I wrote to the attorney who is working for Fairbanks with respect to the foreclosure. Instead of writing a "complaint", everything is in the letter I wrote to Fairbanks' attorney.
See letter below:
LESLIE J. C
PRESTON, CT 06365
July 24, 2003
Peter A. Ventre, Esquire
HLC & J
50 Weston Street
Hartford, CT 0120
Re: Equicredit v. Caron
Mr. Ventre:
This letter is quite detailed and many attachments are included. Please do not hesitate to let me know if any questions arise with regard to everything contained herein. Also, please get back to me as soon as possible to settle this matter equitably and amicably.
In February 2002, I was served with foreclosure papers by Michelle Odom of your firm. After defending myself in court for months, on or about July 19, 2002, the case was settled out of court and a Withdrawal was signed by Michelle Odom on October 1, 2002. It took nearly three months for your firm to do this. Also, I was unable to refinance during that three month period (to be rid of Fairbanks/Equicredit) due to the lis pendens on my property and my credit report still reflecting that my home was in foreclosure. To date, my credit report still states this AND it states that my loan with The Loan Servicing Center is PAID IN FULL. This is bizarre, for lack of a better word. Judge Martin heard this case and when he asked Ms. Odom to have a representative of Fairbanks come to court, that is when an agreement was made. The Withdrawal reads, in part, The Plaintiff's action is WITHDRAWN AS TO ALL DEFENDANTS without costs to any party. I was charged costs beyond words. My payment history is enclosed for your review. I never missed a mortgage payment of $640.22 since the loan was modified on July 19, 2002 through February 27, 2003 and your client is stating that as of March 15, 2003, I owe $2,430.31. All documents I am making reference to are attached, in order.
From the day I took out this second mortgage with Equicredit/Fairbanks on March 2, 2000, I have been inundated with demand for payment letters, delinquent notices and then foreclosure papers, when indeed I owed them nothing. Now, I am in this nightmare all over again. In actuality, after careful review of the payment history, in appears Fairbanks owed me, as of February 2003 a credit for fraudulently charged late fees of approximately $670.00. As you will also see on the enclosed payment history I have been fraudulently charged the sum of $874.35 which is listed as PMT shortage advance I was also charged $170.00 in property preservation fees. On August 13, 2002 I paid my monthly mortgage for August in the amount of $640.22 which is listed as being in a suspense escrow.
The real shocker is on August 7, 2002 an adjustment was made to my mortgage on the payment history in the amount of $6,454.26, thus making my balance $77,800.00 when it was down to $71,345.74. As you can see from my many letters to your client I have repeatedly requested a clear explanation of what property preservation fees are, why my mortgage payments are not being applied properly and why my mortgage payments that are all on time were all assessed late charges. I have also requested an explanation as to why my mortgage payments have been held for as long as 32 days before cashing. Each and every month since the modification of the loan, my mortgage payments have been held for no less than 18 days.
No matter how many times I look at the payment history, the monthly statements sent to me by your client and the verbal amounts I have been given as my balance and the on the online information as to balance owed, I cannot understand fully how my mortgage payments are being applied nor can I comprehend why every bit of information in its various forms is never consistent. I have enclosed the statements mailed to me by Fairbanks from January 24, 2003 through June 25, 2003 (May was never received, but requested via telephone). As you will see my statement in January shows total amount due as $640.22 and -0- late charges due. My February statement total amount due is $640.22 with late charges due of $32.01. My March statement shows total amount due of $640.22 with my total late charges due in the amount of $32.01. Please remember that my last mortgage payment of $640.22 was made on February 27, 2003 and on my April statement my total balance due was $640.22 with total late charges being $64.02. When I did not receive a response to my letters nor my May statement, I shortly thereafter received my June statement stating that I owed $3,201.10 plus $128.04 in late fees and $10.00 for a returned check fee (I never bounced a check to Fairbanks). Last but not least, the June statement is asking for me to send a check for $3,233.11. I have never claimed to be a mathematical genius but anyone with at least a fifth grade education can see that these numbers do not add up.
The letter as I have mentioned above that was sent to me by Fairbanks on April 17, 2003 stated that I owed $2,430.31 as of March 15, 2003 ( please recall that my last mortgage payment was made 17 days prior to this letter at which time I never missed a mortgage payment). Also for your review is the online payment form I printed from Fairbanks EZ pay page showing that I owed $1,753.23 as of March 28, 2003. Again as you can see, nothing is consistent.
I am sure it will take you some time to decipher all this information at which time I would like to know if you have figured out this mess. My father is a CPA and he has never seen anything like it.
I have enclosed for you documents which were presented to Judge Martin last year substantiating all the fraud surrounding this entire loan. For your reading pleasure, please review the appraisal that was done on my home in order to get this loan showing that my home was worth $290,000.00. Also notice that the picture of the house is not mine. I also found out from the Preston Town Hall that there is no such book, page or volume numbers there. I also do not have 3.38 acres, nor do I have a finished basement or 4 bedrooms. The appraisal was done by a Rick Triple bearing license number RCR 778. I contacted the State of CT and found out that this license appraiser number belongs to a Ray Lima. I called Mr. Lima and he was outraged and said he would take care of it. I do not know what he ever did.
Also, the comparables used in the fraudulent appraisal list addresses that do not exist. I did not receive this appraisal until many months after my closing because I never gave it a second thought until I needed it for last year's litigation. I was shocked and sickened when I saw it. I then realized that I had no equity in my home when they led me to believe I did. The predatory lending by your client all came to light when I began trying to refinance my home and found out it was worth $87,500.00. See both appraisals attached. Judge Martin took quick notice of this. Judge Martin was also concerned when my original mortgage folder from Petmak Mortgage (Paul Ramoya) whom I dealt with to get the mortgage, no longer had the folder because he shredded it.
Also, Attorney Mitchell Cohen was contacted by me in May 2002 when I asked him for a copy of my closing file and he said he did not have it and he said I'm not involved with Paul Ramoya anymore, I can't help you and promptly hung up on me. Everyone was running scared for a reason.
Your Complaint merely states that you want foreclosure of the mortgage; possession of the property; money damages, etc.; attorney's fees; among other things. It does not state what your client thinks I owe them and it states that Equicredit has elected to accelerate the balance due on said note to be due in full and to foreclose the mortgage securing said note. I demand to know what they are claiming I owe. I have several documents stating different amounts owed. Also, why is Equicredit suing me when I received written notice 19 months ago that Equicredit was bought out by Fairbanks (who also goes by The Loan Servicing Center?)
For your information, I do not owe the Town of Preston taxes as stated in your complaint. My taxes and insurance are paid by my first mortgage lender. Not that this really matters, but the lien on my house from Filenes is divorce debt owed by my soon to be ex-husband and the lien on my house from him is because he is trying to get half my house. We were married for 2 months and I own the property alone and owned it for 2 years and 9 months prior to the marriage. That being said, my credit is perfect except for Equicredit tarnishing it over and over. I still cannot get rid of your client because they are continually reporting to the credit bureaus that I am behind when I never was. I cannot stress enough that I never missed a mortgage payment from July 2002 through February 2003 and now Fairbanks is calling in my note? Your complaint is also incorrect insofar as Mr. Frederick Hill is not on my deed. Your title searcher is wrong. See enclosed quit-claim deed filed in October 2002!
I know this letter jumps around but so do all the documents I receive from your client and I apologize for this, but there is no other way that I can figure out how to inform you of all the discrepancies surrounding this entire loan.
I will end this letter by briefly outlining the Loan Modification agreement entered into with your client on July 15, 2002. I unfortunately failed to keep a copy of it before sending it on. When I requested a copy for my records, the first page was not what I signed! If I did, I must have been suffering from a brain disorder. How did this page get changed? Paragraph one reads, in part, that a portion of such interests, costs and expenses, has been added to the indebtedness under the terms of the note and security instrument. The withdrawal dated October 1, 2002 and signed by Michelle Odom clearly states that the plaintiffs action is withdrawn as to all defendants without costs to any party. Also, the adjusted amount listed in paragraph (1) is $77,800.00. I never agreed to such an absurd amount. The agreement that was reached in the discussion between the parties was that the arrearage on the loan(which was 7 months at $640.22) be put at the end of the loan and that under no circumstances would I pay for court costs, attorneys fees or any other costs associated with this case.
I borrowed $72,118.00 and paid my mortgage for approximately 14 months at the rate of $757.00 a month so there is no way that I owed $77,800.00. at the time the agreement was reached. Not that it is anyone's business, but I have been seeing a psychiatrist over this whole mess due to anxiety and a sleep disorder. I began seeing him in February of this year when all the madness started with your client again. He will gladly attest to this.
I will not lose my home to Fairbanks/Equicredit/The Loan Servicing Center. I have sent a copy of this entire package to the individuals listed below. Please contact your client and let them know that I will stop at nothing to rid myself of them forever, not by way of foreclosure, but by way of prevailing in a way that will hopefully stop them from ruining my life and all the other families that have had to deal with or who are presently dealing with potentially losing one of the most important things that we all have worked so hard for, our home.
Under the fair debt collection practices act, I am formally disputing the validity of this debt and am requesting verification of this debt immediately.
Last, for now, please tell your client to never step foot in my yard ever again. Someone from Fairbanks came into my yard two days ago and was looking around. My 14 year old daughter was scared half to death. She said he put something in the mailbox and left. He put a note in my mailbox stating to call and a number was listed. No one is suppose to put anything in anyone's mailbox as it is a federal offense. I called Fairbanks and they had no idea what I was talking about nor did they know my mortgage was referred out for foreclosure. Please tell them I will press charges if they ever step foot in my yard again. Also, I notified the post office of the note left in my box. Fairbanks will be hearing from The United States Post Office per my conversation with the Norwich Post Office branch supervisor.
I await your response, at which time I hope we can modify this loan in a fair manor and put this matter to rest. Ultimately, my goal, which has been my goal for the past two and a half years, is to refinance and pay off Fairbanks so I may get on with my life.
As I was signing off on this letter, I just went to my mailbox and there is a letter from your client (dated July 10, 2003 and today is July 24, 2003) and it said I had to respond in 14 days! Surprised? No, I am not. They mail everything late and then nail you with a fee of some sort. The letter states that I have no insurance on my house. I just called my homeowner's company and they are faxing a copy of the declaration page as I type. Fairbanks indeed received a copy of my insurance coverage but of course, they are stating they didn't. I guess it is another way to tack more fees on. They stated in their letter that they were going to charge me for insurance at the rate of $1,500.00 a year. I pay $314.00 per year. Just wanted to share this with you. They are immoral and so very unethical.
Very Truly yours,
Leslie J. C, PRO-SE
/LJC
ENCLOSURES
I have forwarded a copy of this package to the following and I have filed formal complaints with them as well:
COPY & COMPLAINT TO:
US Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
The Honorable Barbara A. Mikulski
Suite 709, Hart Senate Office Building
Washington, DC 20510
Attorney General Richard Blumenthal
55 Elm Street
Hartford, CT 06141-0120
Senator Joseph Lieberman
706 hart Senate Office building
Washington, DC 20510-0703
Connecticut Department of Banking
Bank Examination Division
260 Constitution Plaza
Hartford, CT 06103-1800
Federal Trade Commission
FTC Headquarters
(FTC) Financial Services Division
6th Street & Pennsylvania Avenue, NW
Washington, DC 20580
Department of Housing & Urban Development
Office of Consumer and Regulatory Affairs
Director, Interstate land Sales/RESPA Division
451 7th Street, SW, Room 9146
Washington, DC 20410
Federal Reserve Board of Governors of the FRS
(FRB) Div. Of Consumer & Community Affairs
20th and C Streets, NW Stop 801
Washington, DC 20551
Leslie
preston, Connecticut
U.S.A.
Click here to read other Rip Off Reports on Fairbanks Capital Corp
See letter below:
LESLIE J. C
PRESTON, CT 06365
July 24, 2003
Peter A. Ventre, Esquire
HLC & J
50 Weston Street
Hartford, CT 0120
Re: Equicredit v. Caron
Mr. Ventre:
This letter is quite detailed and many attachments are included. Please do not hesitate to let me know if any questions arise with regard to everything contained herein. Also, please get back to me as soon as possible to settle this matter equitably and amicably.
In February 2002, I was served with foreclosure papers by Michelle Odom of your firm. After defending myself in court for months, on or about July 19, 2002, the case was settled out of court and a Withdrawal was signed by Michelle Odom on October 1, 2002. It took nearly three months for your firm to do this. Also, I was unable to refinance during that three month period (to be rid of Fairbanks/Equicredit) due to the lis pendens on my property and my credit report still reflecting that my home was in foreclosure. To date, my credit report still states this AND it states that my loan with The Loan Servicing Center is PAID IN FULL. This is bizarre, for lack of a better word. Judge Martin heard this case and when he asked Ms. Odom to have a representative of Fairbanks come to court, that is when an agreement was made. The Withdrawal reads, in part, The Plaintiff's action is WITHDRAWN AS TO ALL DEFENDANTS without costs to any party. I was charged costs beyond words. My payment history is enclosed for your review. I never missed a mortgage payment of $640.22 since the loan was modified on July 19, 2002 through February 27, 2003 and your client is stating that as of March 15, 2003, I owe $2,430.31. All documents I am making reference to are attached, in order.
From the day I took out this second mortgage with Equicredit/Fairbanks on March 2, 2000, I have been inundated with demand for payment letters, delinquent notices and then foreclosure papers, when indeed I owed them nothing. Now, I am in this nightmare all over again. In actuality, after careful review of the payment history, in appears Fairbanks owed me, as of February 2003 a credit for fraudulently charged late fees of approximately $670.00. As you will also see on the enclosed payment history I have been fraudulently charged the sum of $874.35 which is listed as PMT shortage advance I was also charged $170.00 in property preservation fees. On August 13, 2002 I paid my monthly mortgage for August in the amount of $640.22 which is listed as being in a suspense escrow.
The real shocker is on August 7, 2002 an adjustment was made to my mortgage on the payment history in the amount of $6,454.26, thus making my balance $77,800.00 when it was down to $71,345.74. As you can see from my many letters to your client I have repeatedly requested a clear explanation of what property preservation fees are, why my mortgage payments are not being applied properly and why my mortgage payments that are all on time were all assessed late charges. I have also requested an explanation as to why my mortgage payments have been held for as long as 32 days before cashing. Each and every month since the modification of the loan, my mortgage payments have been held for no less than 18 days.
No matter how many times I look at the payment history, the monthly statements sent to me by your client and the verbal amounts I have been given as my balance and the on the online information as to balance owed, I cannot understand fully how my mortgage payments are being applied nor can I comprehend why every bit of information in its various forms is never consistent. I have enclosed the statements mailed to me by Fairbanks from January 24, 2003 through June 25, 2003 (May was never received, but requested via telephone). As you will see my statement in January shows total amount due as $640.22 and -0- late charges due. My February statement total amount due is $640.22 with late charges due of $32.01. My March statement shows total amount due of $640.22 with my total late charges due in the amount of $32.01. Please remember that my last mortgage payment of $640.22 was made on February 27, 2003 and on my April statement my total balance due was $640.22 with total late charges being $64.02. When I did not receive a response to my letters nor my May statement, I shortly thereafter received my June statement stating that I owed $3,201.10 plus $128.04 in late fees and $10.00 for a returned check fee (I never bounced a check to Fairbanks). Last but not least, the June statement is asking for me to send a check for $3,233.11. I have never claimed to be a mathematical genius but anyone with at least a fifth grade education can see that these numbers do not add up.
The letter as I have mentioned above that was sent to me by Fairbanks on April 17, 2003 stated that I owed $2,430.31 as of March 15, 2003 ( please recall that my last mortgage payment was made 17 days prior to this letter at which time I never missed a mortgage payment). Also for your review is the online payment form I printed from Fairbanks EZ pay page showing that I owed $1,753.23 as of March 28, 2003. Again as you can see, nothing is consistent.
I am sure it will take you some time to decipher all this information at which time I would like to know if you have figured out this mess. My father is a CPA and he has never seen anything like it.
I have enclosed for you documents which were presented to Judge Martin last year substantiating all the fraud surrounding this entire loan. For your reading pleasure, please review the appraisal that was done on my home in order to get this loan showing that my home was worth $290,000.00. Also notice that the picture of the house is not mine. I also found out from the Preston Town Hall that there is no such book, page or volume numbers there. I also do not have 3.38 acres, nor do I have a finished basement or 4 bedrooms. The appraisal was done by a Rick Triple bearing license number RCR 778. I contacted the State of CT and found out that this license appraiser number belongs to a Ray Lima. I called Mr. Lima and he was outraged and said he would take care of it. I do not know what he ever did.
Also, the comparables used in the fraudulent appraisal list addresses that do not exist. I did not receive this appraisal until many months after my closing because I never gave it a second thought until I needed it for last year's litigation. I was shocked and sickened when I saw it. I then realized that I had no equity in my home when they led me to believe I did. The predatory lending by your client all came to light when I began trying to refinance my home and found out it was worth $87,500.00. See both appraisals attached. Judge Martin took quick notice of this. Judge Martin was also concerned when my original mortgage folder from Petmak Mortgage (Paul Ramoya) whom I dealt with to get the mortgage, no longer had the folder because he shredded it.
Also, Attorney Mitchell Cohen was contacted by me in May 2002 when I asked him for a copy of my closing file and he said he did not have it and he said I'm not involved with Paul Ramoya anymore, I can't help you and promptly hung up on me. Everyone was running scared for a reason.
Your Complaint merely states that you want foreclosure of the mortgage; possession of the property; money damages, etc.; attorney's fees; among other things. It does not state what your client thinks I owe them and it states that Equicredit has elected to accelerate the balance due on said note to be due in full and to foreclose the mortgage securing said note. I demand to know what they are claiming I owe. I have several documents stating different amounts owed. Also, why is Equicredit suing me when I received written notice 19 months ago that Equicredit was bought out by Fairbanks (who also goes by The Loan Servicing Center?)
For your information, I do not owe the Town of Preston taxes as stated in your complaint. My taxes and insurance are paid by my first mortgage lender. Not that this really matters, but the lien on my house from Filenes is divorce debt owed by my soon to be ex-husband and the lien on my house from him is because he is trying to get half my house. We were married for 2 months and I own the property alone and owned it for 2 years and 9 months prior to the marriage. That being said, my credit is perfect except for Equicredit tarnishing it over and over. I still cannot get rid of your client because they are continually reporting to the credit bureaus that I am behind when I never was. I cannot stress enough that I never missed a mortgage payment from July 2002 through February 2003 and now Fairbanks is calling in my note? Your complaint is also incorrect insofar as Mr. Frederick Hill is not on my deed. Your title searcher is wrong. See enclosed quit-claim deed filed in October 2002!
I know this letter jumps around but so do all the documents I receive from your client and I apologize for this, but there is no other way that I can figure out how to inform you of all the discrepancies surrounding this entire loan.
I will end this letter by briefly outlining the Loan Modification agreement entered into with your client on July 15, 2002. I unfortunately failed to keep a copy of it before sending it on. When I requested a copy for my records, the first page was not what I signed! If I did, I must have been suffering from a brain disorder. How did this page get changed? Paragraph one reads, in part, that a portion of such interests, costs and expenses, has been added to the indebtedness under the terms of the note and security instrument. The withdrawal dated October 1, 2002 and signed by Michelle Odom clearly states that the plaintiffs action is withdrawn as to all defendants without costs to any party. Also, the adjusted amount listed in paragraph (1) is $77,800.00. I never agreed to such an absurd amount. The agreement that was reached in the discussion between the parties was that the arrearage on the loan(which was 7 months at $640.22) be put at the end of the loan and that under no circumstances would I pay for court costs, attorneys fees or any other costs associated with this case.
I borrowed $72,118.00 and paid my mortgage for approximately 14 months at the rate of $757.00 a month so there is no way that I owed $77,800.00. at the time the agreement was reached. Not that it is anyone's business, but I have been seeing a psychiatrist over this whole mess due to anxiety and a sleep disorder. I began seeing him in February of this year when all the madness started with your client again. He will gladly attest to this.
I will not lose my home to Fairbanks/Equicredit/The Loan Servicing Center. I have sent a copy of this entire package to the individuals listed below. Please contact your client and let them know that I will stop at nothing to rid myself of them forever, not by way of foreclosure, but by way of prevailing in a way that will hopefully stop them from ruining my life and all the other families that have had to deal with or who are presently dealing with potentially losing one of the most important things that we all have worked so hard for, our home.
Under the fair debt collection practices act, I am formally disputing the validity of this debt and am requesting verification of this debt immediately.
Last, for now, please tell your client to never step foot in my yard ever again. Someone from Fairbanks came into my yard two days ago and was looking around. My 14 year old daughter was scared half to death. She said he put something in the mailbox and left. He put a note in my mailbox stating to call and a number was listed. No one is suppose to put anything in anyone's mailbox as it is a federal offense. I called Fairbanks and they had no idea what I was talking about nor did they know my mortgage was referred out for foreclosure. Please tell them I will press charges if they ever step foot in my yard again. Also, I notified the post office of the note left in my box. Fairbanks will be hearing from The United States Post Office per my conversation with the Norwich Post Office branch supervisor.
I await your response, at which time I hope we can modify this loan in a fair manor and put this matter to rest. Ultimately, my goal, which has been my goal for the past two and a half years, is to refinance and pay off Fairbanks so I may get on with my life.
As I was signing off on this letter, I just went to my mailbox and there is a letter from your client (dated July 10, 2003 and today is July 24, 2003) and it said I had to respond in 14 days! Surprised? No, I am not. They mail everything late and then nail you with a fee of some sort. The letter states that I have no insurance on my house. I just called my homeowner's company and they are faxing a copy of the declaration page as I type. Fairbanks indeed received a copy of my insurance coverage but of course, they are stating they didn't. I guess it is another way to tack more fees on. They stated in their letter that they were going to charge me for insurance at the rate of $1,500.00 a year. I pay $314.00 per year. Just wanted to share this with you. They are immoral and so very unethical.
Very Truly yours,
Leslie J. C, PRO-SE
/LJC
ENCLOSURES
I have forwarded a copy of this package to the following and I have filed formal complaints with them as well:
COPY & COMPLAINT TO:
US Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
The Honorable Barbara A. Mikulski
Suite 709, Hart Senate Office Building
Washington, DC 20510
Attorney General Richard Blumenthal
55 Elm Street
Hartford, CT 06141-0120
Senator Joseph Lieberman
706 hart Senate Office building
Washington, DC 20510-0703
Connecticut Department of Banking
Bank Examination Division
260 Constitution Plaza
Hartford, CT 06103-1800
Federal Trade Commission
FTC Headquarters
(FTC) Financial Services Division
6th Street & Pennsylvania Avenue, NW
Washington, DC 20580
Department of Housing & Urban Development
Office of Consumer and Regulatory Affairs
Director, Interstate land Sales/RESPA Division
451 7th Street, SW, Room 9146
Washington, DC 20410
Federal Reserve Board of Governors of the FRS
(FRB) Div. Of Consumer & Community Affairs
20th and C Streets, NW Stop 801
Washington, DC 20551
Leslie
preston, Connecticut
U.S.A.
Click here to read other Rip Off Reports on Fairbanks Capital Corp
