Complaint Review: Fairbanks Capital Corp - Newport New Hampshire

Hello, I am so sad for you and I read your story the other night. I have been checking out some sights that you should take a look and see if maybe they could help you but be sure to read every detail so you know if it's something you want to do or not. #1- www.HomeRescues.com #2- www.debtbug.com #3- www.debtplan.org #4- United Capital Mortgage Assistance 1-800-474-1407 #5-Acornhousing.org #6- check with your local dept. of social services about emergency needs. I hope that this might help in some way. Also about that rude ignorant attorney you had, look up your states Judicial Tenure Commission there you will be able to file a complaint about that attorney. You can also contact your state bar association and complain about the attorney to them as well. I wish you the best of luck and I hope that something here might work out for you. I will say a prayer for you as I am sure everyone else on this sight will do the same. God Bless you and your family.

To: Chloe - Valrico, Florida, Our attorney is not involved no longer, and why that is cause, he was very rude to us and kept making us feel like the bad guys on having to file chapter 13 - 7 and that we did not know what we was doing and trying to take advantage of us I think. He would never get back to us on any questions we had and just left us hanging. So i had gotten rid of the lawyer that we hired to file chapter 13 and then just before we fired him, he had put in a request or whatever you call it for us to file chapter 7 and that is when we got all upset cause we would never tell us or advice us on what to do or anything and VERY RUDE. !!!!. I then went to look for a new lawyer and told him what was going on prety much and said that we had to file chapter 7 and was woundering if he could take out case. He said that he could but if we wanted to, we could save a bunch of money and just go to court ourselves on the chapter 7 cause everything was converted to chapter 7 from 13 and all the paper work was done and all we had to do is show up to the bankruptcy court and that would save us a bunch of money. So we have no lawyer involved in all this, cause of this reason. The mortgage company told us that we was going to have to and so did the lawyer that we fired, he told us we would have to file chapter 7, that was the only other choice.We had a fix ratecmortgage I beleive, but they said they would adjust it on how we do on making out payments. I hope I answeared you questions right and to your understanding. I would love help but just not sure and i might be out of luck on getting any help cause i might of messed up on things, being stupid and not knowing what i can do or could do. I am just more worried for the family that i will not be able to get a place to live after they kick us out. Thanks -

To: Chloe - Valrico, Florida, Our attorney is not involved no longer, and why that is cause, he was very rude to us and kept making us feel like the bad guys on having to file chapter 13 - 7 and that we did not know what we was doing and trying to take advantage of us I think. He would never get back to us on any questions we had and just left us hanging. So i had gotten rid of the lawyer that we hired to file chapter 13 and then just before we fired him, he had put in a request or whatever you call it for us to file chapter 7 and that is when we got all upset cause we would never tell us or advice us on what to do or anything and VERY RUDE. !!!!. I then went to look for a new lawyer and told him what was going on prety much and said that we had to file chapter 7 and was woundering if he could take out case. He said that he could but if we wanted to, we could save a bunch of money and just go to court ourselves on the chapter 7 cause everything was converted to chapter 7 from 13 and all the paper work was done and all we had to do is show up to the bankruptcy court and that would save us a bunch of money. So we have no lawyer involved in all this, cause of this reason. The mortgage company told us that we was going to have to and so did the lawyer that we fired, he told us we would have to file chapter 7, that was the only other choice.We had a fix ratecmortgage I beleive, but they said they would adjust it on how we do on making out payments. I hope I answeared you questions right and to your understanding. I would love help but just not sure and i might be out of luck on getting any help cause i might of messed up on things, being stupid and not knowing what i can do or could do. I am just more worried for the family that i will not be able to get a place to live after they kick us out. Thanks -

To: Chloe - Valrico, Florida, Our attorney is not involved no longer, and why that is cause, he was very rude to us and kept making us feel like the bad guys on having to file chapter 13 - 7 and that we did not know what we was doing and trying to take advantage of us I think. He would never get back to us on any questions we had and just left us hanging. So i had gotten rid of the lawyer that we hired to file chapter 13 and then just before we fired him, he had put in a request or whatever you call it for us to file chapter 7 and that is when we got all upset cause we would never tell us or advice us on what to do or anything and VERY RUDE. !!!!. I then went to look for a new lawyer and told him what was going on prety much and said that we had to file chapter 7 and was woundering if he could take out case. He said that he could but if we wanted to, we could save a bunch of money and just go to court ourselves on the chapter 7 cause everything was converted to chapter 7 from 13 and all the paper work was done and all we had to do is show up to the bankruptcy court and that would save us a bunch of money. So we have no lawyer involved in all this, cause of this reason. The mortgage company told us that we was going to have to and so did the lawyer that we fired, he told us we would have to file chapter 7, that was the only other choice.We had a fix ratecmortgage I beleive, but they said they would adjust it on how we do on making out payments. I hope I answeared you questions right and to your understanding. I would love help but just not sure and i might be out of luck on getting any help cause i might of messed up on things, being stupid and not knowing what i can do or could do. I am just more worried for the family that i will not be able to get a place to live after they kick us out. Thanks -

Ralph - First, get a copy of your Chapter 13 bankruptcy papers, most importantly the Plan. If your plan states that you were to begin payments in February, then that's when you were supposed to start. Were you able to keep up with the Trustee payments? Second, get your Chapter 7 filing. What did you exempt? In New Hampshire, you are allowed to exempt up to $50,000 in equity in your home. If you and your wife both filed Bankruptcy, you can claim up to $100,000 in equity in your home. This means that if you had a $20,000 loan, and you had enough equity in your home to cover this - i.e. You paid $70,000 for a $100,000 home you have $30,000 equity in your home - Fairbanks cannot take your home. Third, contact your Bankruptcy attorney. Let him/her know what is happening. Fourth, contact the Trustee for your Bankruptcy - advise him of what is happening - he/she may help you if Fairbanks is working outside of the Plan. Next, contact your Attorney General's office. Let them know what is happening. Contact Department of Social Services - tell them about your situation - there may be some sort of financial help available to you so that you may be able to relocate if that is the only option you have. Go to the recorder of deeds - find out what happened to your home, who owns it. Go to the Sherriff's Department get a copy of his records. Find out who was at the bidding process. Next, find out how much your house was appraised at and what the lowest acceptable bid was, and finally compare that to what you believe or know your house is worth. Also, you did not indicate if you are in a rural area. If you are, you may be eligible for some urban/farmer grants. I'm afraid that because you did not contact anyone previously, it may be too late to rectify the problem, hopefully not. Get all of the documentation you have and pray for the best. There may be something there that can save you. If you need more info, post here.

Hi Ralph: Your story fascinates me, but with lots of questions. Where is your own Bankruptcy Attorney - why isn't he/she helping you? Who told you to file 13 then 7? Was it Fairbanks? Chapter 13, you pay a Bankruptcy Trustee for pre-petition (payments in arrears for all creditors on your list with the secured creditors being paid first according to your plan), plus, you have to keep current with house payments per your mortgage contract. TWO IMPORTANT DATES MENTIONED IN YOUR STORY caught my eye. FIRST Date May 1, 2001; SECOND Date November 2001; Ralph, do you have an "ADJUSTABLE RATE MORTGAGE"? Please respond, as this is an issue I am trying to address nationally. The REASON is the MORTGAGE INDEX/RATE began RAPIDLY DECREASING beginning approximate date of MAY 2001 and has been decreasing each month/year thereafter. THIS TREND WOULD AFFECT FUTURE FINANCIAL PROFIT/LOSSES FOR THE MORTGAGE COMPANIES. During this period,was when Bank of America unloaded loan origination and servicing portfolio to FAIRBANKS, and there were other companies also. THIS IS ALSO THE YEAR AND TREND, that foreclosures were being filed in October, November & December 2001.

Hi Ralph: Your story fascinates me, but with lots of questions. Where is your own Bankruptcy Attorney - why isn't he/she helping you? Who told you to file 13 then 7? Was it Fairbanks? Chapter 13, you pay a Bankruptcy Trustee for pre-petition (payments in arrears for all creditors on your list with the secured creditors being paid first according to your plan), plus, you have to keep current with house payments per your mortgage contract. TWO IMPORTANT DATES MENTIONED IN YOUR STORY caught my eye. FIRST Date May 1, 2001; SECOND Date November 2001; Ralph, do you have an "ADJUSTABLE RATE MORTGAGE"? Please respond, as this is an issue I am trying to address nationally. The REASON is the MORTGAGE INDEX/RATE began RAPIDLY DECREASING beginning approximate date of MAY 2001 and has been decreasing each month/year thereafter. THIS TREND WOULD AFFECT FUTURE FINANCIAL PROFIT/LOSSES FOR THE MORTGAGE COMPANIES. During this period,was when Bank of America unloaded loan origination and servicing portfolio to FAIRBANKS, and there were other companies also. THIS IS ALSO THE YEAR AND TREND, that foreclosures were being filed in October, November & December 2001.

Hi Ralph: Your story fascinates me, but with lots of questions. Where is your own Bankruptcy Attorney - why isn't he/she helping you? Who told you to file 13 then 7? Was it Fairbanks? Chapter 13, you pay a Bankruptcy Trustee for pre-petition (payments in arrears for all creditors on your list with the secured creditors being paid first according to your plan), plus, you have to keep current with house payments per your mortgage contract. TWO IMPORTANT DATES MENTIONED IN YOUR STORY caught my eye. FIRST Date May 1, 2001; SECOND Date November 2001; Ralph, do you have an "ADJUSTABLE RATE MORTGAGE"? Please respond, as this is an issue I am trying to address nationally. The REASON is the MORTGAGE INDEX/RATE began RAPIDLY DECREASING beginning approximate date of MAY 2001 and has been decreasing each month/year thereafter. THIS TREND WOULD AFFECT FUTURE FINANCIAL PROFIT/LOSSES FOR THE MORTGAGE COMPANIES. During this period,was when Bank of America unloaded loan origination and servicing portfolio to FAIRBANKS, and there were other companies also. THIS IS ALSO THE YEAR AND TREND, that foreclosures were being filed in October, November & December 2001.

Hi Ralph: Your story fascinates me, but with lots of questions. Where is your own Bankruptcy Attorney - why isn't he/she helping you? Who told you to file 13 then 7? Was it Fairbanks? Chapter 13, you pay a Bankruptcy Trustee for pre-petition (payments in arrears for all creditors on your list with the secured creditors being paid first according to your plan), plus, you have to keep current with house payments per your mortgage contract. TWO IMPORTANT DATES MENTIONED IN YOUR STORY caught my eye. FIRST Date May 1, 2001; SECOND Date November 2001; Ralph, do you have an "ADJUSTABLE RATE MORTGAGE"? Please respond, as this is an issue I am trying to address nationally. The REASON is the MORTGAGE INDEX/RATE began RAPIDLY DECREASING beginning approximate date of MAY 2001 and has been decreasing each month/year thereafter. THIS TREND WOULD AFFECT FUTURE FINANCIAL PROFIT/LOSSES FOR THE MORTGAGE COMPANIES. During this period,was when Bank of America unloaded loan origination and servicing portfolio to FAIRBANKS, and there were other companies also. THIS IS ALSO THE YEAR AND TREND, that foreclosures were being filed in October, November & December 2001.

Maureen from East Stroudsburg, Pennsylvania, Well, I ended up getting Fairbanks from the company Money store, they sold my Loan to Fairbanks capital. How they foreclosed on us is this. They pushed up into filing chapter 13 and they I have missed Jan payment after filing chapter 13 and but had made all the rest of the others. I was informaed that when we filed bankruptcy 13 in jan that we was not going to have to pay Jan payment but to start making payment in Feb and so on. So we did, come may of 2001 they sent us a letter and saying that we missed Jan of 2001 payment and they was going to order of quit on the house and foreclose on us, unless we could come up with the payment and June payment and also attorney fees, and it was outrageous and we just did not have that kind of money and no where to turn and they advice us that we was going to have to file chapter 7 , so we did and after doing that they said we would have to be out by the mid of Nov 2001 and we never got send no paper work from them or the sheriff's office and time went by and then we started getting calls and they wanted to work something out and what they wanted to work out with us in payment was almost triple the payments and that did not include tax's or insurance on the place. I think it was called a forbearance (if i am spelling that right) We just could not do that and we tried to work something out several times but each time we never talked to the same person and no one had no record of no deal or anything and then they started talking to me on working out something and it was like a hopeless case going no where. So about a year and a half goes by after fairbanks trying to sucker us into some kind of scam deal, they finally sent us a letter saying that they was going to come to the house and auction it off. Well on that day, 3 people came to the house, the auctioneer and 2 others and I did not see one single other person and did not see no bidding going on and then with in 15 to 20 mints the all left and that was it and never heard one word from them. I then started getting some more paper work from Fairbanks trying to work out another deal again and I did not even call that time, and then i would say about a month to two months went by and I had a real estate office call our home saying that fairbanks wants us out at the end of june and would pay us 500.00 dollars to be out of the house. Well knowing fairbanks, they would not pay no 500.00 being who they are. And we did not want to get out to begin with, so we did not do the deal. So this past week we got served papers from the sherrif's office to be out on Aug 11th and if not then we would have to go to court I guess. I knew they wanted to foreclose on us i guess, but i thik they wanted to work some kind of deal with us more then anything but, no deal could ever be made cause we could never come to agreement and we never talked to the same person really, maybe once or twice and that was it. I am not really sure if it has been foreclosed, just that we have filed chapter 13 and then chapter 7. You know, I don't think I ever got no papers saying they are forclsoing on us, I will go look threw all my paper work cause i keep it all, but who is to say they didn't just send it to me and they said they did. I woould love any and all the help you or anyone could give me PLEASE !!!! tHANKS

Hi Ralph, sorry you are having so many problems. First, though calm down - I know this seems like an impossible task right now, but you must do it. Could you possibly post some info on how you wound up with Fairbanks, how they foreclosed, and how you found yourself with a notice of eviction (did you know they were foreclosing? any documents sent to you). Once you provide this info, I may be able to steer you in a direction where you may find help.