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  • Report:  #43135

Complaint Review: Fairbanks Capital Corporation - Salt Lake City Utah

Reported By:
- Buckeye, Arizona,
Submitted:
Updated:

Fairbanks Capital Corporation
PO Box 65250 Salt Lake City, 84165 Utah, U.S.A.
Phone:
800-258-8602
Web:
N/A
Categories:
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Hello,

I want to add my story and my parents story to the other horror stories about Fairbanks Capital Corporation and Aames Home Loan (A subsidiary of Fairbanks).

Because it can be a little confusing to follow I will give the dual stories in a chronological and simplified format. Additionally, due to the sheer volume of problems that we have had with BOTH of these companies and in the interest of time, I will just give a high level overview of our problems.

Aames Home Loan held the notes for both my parents primary home and their second home and continually and improperly assessed them for numerous miscellaneous fines, fees and unnecessary Lender Placed Insurance (LPI) on both loans. My parents always paid for these misc. fines and fees and, being busy people, never had the time to call Aames and really questioned them or fight about why they were charged these fines and fees.

My husband and I moved into their unoccupied house and assumed the payments on that loan, with the final intention of buying the house from them.

While we paid the loans payments, my husband and I were also assessed improperly by Aames for LPI, fines and misc. fees, those put us in foreclosure status since we couldnt afford to pay for these extra misc. fees, fines and unnecessary LPI. We always questioned these fees but Aames employees would reference their incoherent Account Statements and convoluted account history as their justification and/or explanation for charging these fees. Even when a fee was undoubtedly incorrect and improper, like charging us for LPI when we provided proof of insurance, we couldnt get them to reverse it.

We ended up getting so deep in the red with Aames that we had to sign a Forbearance Agreement with them to get back to a current status. We tried very hard to get the loan current with them by making the new higher payments on time, but they kept coming at us with brand new misc. fees and thus kept pulling us deeper and deeper into the red.

We attempted to refinance the loan into our own names with a new company and get away from Aames altogether but they thwarted our refinance attempts by delaying everything on their end and frustrating our mortgage broker and by overstating the late status of our account to the mortgage broker.

To keep from losing the house we had to refinance the loan with Aames who pulled our credit reports so many times that they dropped our scores considerably, charged us almost $6100 in loan origination fees and points, hit us for an outrageously high adjustable interest rate (in a time of historically low interest rates), tacked on a 3 year pre-payment penalty AND tried to refused to waive the original 5 year pre-payment penalty on the first loan in my parents name. Considering how many times Aames had already forced unnecessary LPI on us we thought we could avoid the confusion, cost and hassle and just get an escrow account on our new loan for both insurance and taxes. That way Aames KNEW that we had insurance because they were responsible for paying it.

We made all our new loan payments to Aames on time, but within 4 months Aames sold us to Fairbanks Capital Corporation who has already started the same servicing nightmare with us.

Fairbanks sent us a Notice of Default letter effective the day BEFORE they officially held our loan, it said that we were already over $1700 in default with them, but we were current with Aames the day our loan left them which was that SAME day referenced in Fairbanks default letter. When I called and asked Fairbanks about this I was told that Fairbanks accidentally charged us for LPI (they claim that is has already been reversed). This insurance was placed on us despite the fact that we have a current policy that we: #1 have an escrow account for and #2 have been paying for separately since Aames never made the premium payment from our escrow account when it was due 2 months prior.

Fairbanks has YET to send us an Account Statement on our loan despite being our loan servicer for almost 2 months. As of right this second, my loan is supposedly current with Fairbanks and my new payment is due on the 1st of next month. I still dont have a statement to mail them that upcoming payment

My parents continue to make their monthly payments on time to Aames and yet they continue to be assessed for misc. fines and fees and unnecessary LPI. My parents are no longer paying Aames the amount they claim is due for their misc. fines and fees and now Aames says that they are over $2000 in arrears for these misc. fines and fees.

We just discovered that Aames Home Loan and Fairbanks Capital Corporation are one in the same and that Aames only paper-shuffled our loan to the more aggressive side of their company, Fairbanks. Also, we also discovered that Fairbanks is absolutely notorious for wrongfully foreclosing on properties with equity, then using a series of "sales" so that they can pretend they have losses on the resale of the property and can later get a deficiency judgment against the former homeowner. My husband and I have over $25000 in equity in our house, for which we owe my parents. We are now convinced that Fairbanks is maneuvering into place to try and illegally force us into foreclosure, with a bunch of misc. fines and fees, and take the house very soon. We are now in the process of documenting everything, contacting anyone who can help our case and preparing for a legal battle with both Fairbanks and Aames.

The government needs to be investigating these crooked mortgage companies and loan servicers as their actions make what Enron did to its shareholders look like small potatoes by comparisonthis is Mortgage Piracy. Thanks for taking the time to listen.

Sincerely,

Anonymous

Anonymous

Somewhere, Arizona
U.S.A.

Click here to read other Rip Off Reports on Fairbanks Capital Corp


10 Updates & Rebuttals

Rick

Cedar Creek,
Texas,
U.S.A.
100% Right

#2Consumer Suggestion

Wed, July 23, 2003

Cort, That was a GREAT informative post. When I applied for my mortgage,1997, I was "sub-prime". I finally found a lender and got an ARM at 12.49% for 80% of the value of the house and another ARM at 12.94 for 10% of the value of the house. My payments were around $1300 a month and this didn't include taxes or insurance, which I had to pay myself. On top of this I had 2 car loans totaling about $28,000 and $5000 in credit card debt, I only had one credit card, no one else would give me any. I guess I was a prime candidate to take a fall, I had bitten off more than I could chew. I started falling behind. Late payments just s****.. To make a very long story short. Today I own my house free & clear ($138,000 value). I have 3 vehicles, a 10 year old SUV (paid for), a 13 year old pick up (paid for) and a 2000 SUV ($12,000 owed)and $6000 in credit cards. When I drive my 10 year old paid for Pathfinder to work, 225k on odometer, I laugh when I pass these people driving their new big boat at $500+ a month. How did I do this? I busted my butt and put my pride and vanity aside. I used to buy a new vehicle every other year. I was financing upside down vehicles so I could look important driving new vehicles all the time. We quit eating out 3 or 4 times a week. We quit buying things just because we wanted them, not needed them. Today I'm still working on getting my credit cleared up. The only way to clean up your credit is TIME and responsible spending. But it can be done. The other thing I've learned though is there really are predatory lenders out there that actually do the things I've been reading here, lost payments, extra fees, ECT..... I've learned to be a PIT BULL when I know I'm right. Bite in and hang on until you become so much of a thorn in their side they start watching how they do business with you. Through my mortgage being sold many times I've dealt with several mortgage companies. I've had one send me money for an emergency room visit when they threatened to foreclose on my house and my wife's BP spiked and she got an uncontrolable nose bleed. Then there was the mortgage company in Georgia that the regional manager told me he had been assigned to "make me go away" because I had complained to so many agencies about things they were doing to me that I was making THEIR lives miserable because they had to reply to each of the agencies, goverment and consumer, I complained to.


Cort

Portland,
Oregon,
U.S.A.
Claiming "Subprime is Unconstitutional" is absolutely ignorant!

#3Consumer Comment

Fri, July 18, 2003

Up front and center, I work for a subprime wholesaler (but not servicer) of mortgage loans. I sell these products to your mortgage brokers, and I've seen and analyzed thousands upon thousands of credit reports to determine lender risk. To hear Hubert's take on it, I must essentially be a Neo-n**i racist if you believe the ignorant garbage that was posted. Here's a little education about credit reports -- you seem to feel you were prevented from getting it way back 200 years or so by our government, so I'll do my part to give a freebie and give back to your cause. Your credit has absolutely NOTHING to do with the color of your skin. Or your religion. Or your gender. Or your sexual preference. Or...well, I think that's clear now. What it IS impacted by is a combination of your own personal financial responsibility and the common sense to not overextend yourself and put your image before your wallet. I absolutely understand that some people's credit is damaged by unexpected medical expenses, divorce, death of the primary earner in the family -- situations that NOBODY plans for. The days when I'm able to get a loan finished for a woman in an abusive relationship with a mentally handicapped child and an alcoholic violent partner that allows that woman to MOVE OUT of that situation are the best days have ever had. And I've DONE those loans, even for borrowers with credit scores in the low 500 range. Guess what -- they were CAUCASIAN! Wonder what form of discrimination there was toward a woman of God who works as a nurse to support her handicapped child and has saved every last penny to get herself out of the situation -- paying bills every other month when she had to, etc. Who screwed up her credit? Was it The Man keeping her down? Hell no. She had some hard knocks, and was working to get herself and her child into a better life. I'm glad I was able to help her get there. Let me point out the other side of the coin though -- I've had countless borrowers who had half a dozen maxed out credit cards, countless other credit tradelines, but still had a chance to qualify for a loan and stay within their allowable debt to income ratios. The loan process begins, you get close to closing, and all of a sudden -- nitwit has a new account for $750 a month from the local Lexus dealership. All of a sudden they don't qualify for a loan any more -- obligations to income ratio just went through the roof. Sound like an idiot? Or just someone who wasn't "educated" about the loan process? I always hope they got the big Lexus/BMW/Mercedes SUV with the fold down seats -- they're going to need somewhere to sleep now. Subprime isn't just bad credit either -- it's also for borrowers who need higher debt to income ratios -- banks and conforming lenders are much lower. It's also a great option for those people who don't have 10-20% to put down on their purchase -- I do 100% loans all day long for people with excellent, "A" credit that just need a little more money than they have saved to get into the house of their dreams. If "subprime" bothers you, call it "non-conforming" like we do -- it doesn't imply anything negative about you the borrower, just that your loan needs don't fit the high requirements of most banks and other conforming lenders. Get educated about your credit. What will make it lower? -- High balance - credit limit ratios are a big one (the credit card is maxed out.) -- late payments - the bigger the account, the more it will impact your credit if you have late payments. ALWAYS, ALWAYS pay your mortgage on time if nothing else. And don't EVER let an acount go 90 days late of more -- you'll destroy not only your credit, but also the loan options that will be available should your credit score not take too much of a beating. -- Open but unused accounts -- if you're not using them, CLOSE THEM! Do yourself a favor. Pay the $15-$25 you'll probably have to pay to get a copy of your three-bureau credit report, which is what lenders look at to determine your ability to pay a loan. Make sure it's accurate -- too many people have no idea that someone has stolen a credit card they thought was gone and has been having a ball charging it up and letting you get the bill (probably at your previous billing address) while the late paymetns show up on your credit as 30 days, 60 days, 90 days, 120 days, and then most likely a collection. Double check to make sure you don't have unknown collections/judgments/tax liens too -- and if you have them, pay them immediately if you can and then dispute them. That's all the education I have time for now, but there's some great tips here from someone who sees every day what can bring your credit score down and your loan interest rate up. Be aware, be responsible, and be educated about your credit -- no matter what color you are.


Hubert

Onalaska,
Wisconsin,
U.S.A.
Sub-Prime is unconstitutional

#4Consumer Comment

Mon, July 14, 2003

The Social Security Administration was formed for a good reason, however social security numbers are being used illegally. We are branded just like the Jews during WWII. In this country, we give the very rich very low interest, the middle-income higher interest, and the poor very high interest. This is to guarantee that the less you have the less you will have. If we all had 4.75% mortgages, I am certain we could all make the payment. If companies like Fairbanks were not ripping us off, we could all make the payment. The government controls interest rates, why dont they just dictate to the banks that they can charge two (2) points over prime and no more. Banks would still make money, and we would all be better off. A sub-prime credit rating is discrimination. It is saying based on the past this is the future. This is illegal in the United States. In the 1800s, almost all blacks were uneducated. Based on the past, blacks could not be educated. This conclusion is totally wrong, and total illegal. The constitution and the laws were changed accordingly. However, this is still going on today. Now it is done with credit ratings. Based on the past, you will not pay therefore; we need to charge higher interest. If I do not pay now, put my a$s in jail, but do not discriminate against me based on my past. That is illegal. All banks and mortgage companies are breaking the law and most of the lawyers are in it with them. We need government intervention to stop this. We, the people, need to step up and say we will not take it any more. Contact every congressman in every state and let him/her know your concern. When a state or federal politician visits your area, let them know that the current credit reporting and banking practices are illegal.


Susan

Somewhere,
Ohio,
U.S.A.
Fairbanks and Aames are one and the same

#5Consumer Comment

Fri, April 18, 2003

We also stared out with Aames and a month later ended up with Fairbanks. After several months of problems with Fairbanks, I started doing a little research. According to the Better Bussiness Bureau at that time Aames Home Loans was also doing business under the name of Fairbanks Capital Corp. I printed out a copy, just in case I would need it some day. So no matter what these employees say, I have the proof in writing.


J

Pleasant Grove,
California,
U.S.A.
Ethical and honest emplyees?

#6Consumer Suggestion

Thu, April 17, 2003

How can employees of this company be ethical and honest if all you can get from them is a bogus fax machine number when you are "transferred" to a supervisor--two or three different "status of your loan" in the same phone conversation with them, put on hold for 30 - 40 minutes and then start all over again. Ethical and Honest employees would try to UNEARTH the problem that the callers are asking about and refer to a real live supervisor or department without giving you numbers that are in 4 different cities and still no help. I know the person that we dealt with in Jacksonville Florida recognized my (very distinguishable) voice and hung up on me or automatically transferred me to a fax machine each and every time I called. And when I called Salt Lake City, or Hatsboro PA I was never given anything but " the number you are calling is not in service at this time", etc..... Same old, Same old Fairbanks employees thinking that they were "not brainwashed" but if you read these web pages, with the exception of one who really wanted to help, you see they all fall under the same category as their company....Do not help, assist or give any customer service whatsoever,,,and make darn sure you send the customer to no-where land.


John

Freeland,
Pennsylvania,
U.S.A.
YOU get the story straight

#7Consumer Comment

Wed, April 16, 2003

I'm tired of the implication that anyone who's loan is "serviced" by Fairbanks deserves sub-prime treatment because they are in the position of "borrower" in the mortgage industry's sub-prime lending scam. The LOAN is sub-prime...not the borrower...and less-than-perfect credit is not the only way to end up with a sub-prime loan. When I refinanced my manufactured home, my credit was fine, but I could only qualify for a sub-prime mortgage because the home was built in a factory, rather than on-site. At the time, I had never even heard the term "sub-prime" and no one was volunteering any information. Face it. The sub-prime mortgage industry, (now sometimes referred to as 'non prime'...how nice), is built on the principal of exploitation of borrowers' unfortunate circumstances in order to bleed more money, build less equity, and side-step regulatory measures. This exploitation has grown so big in the hands of predatory lenders that it requires "servicers" like Fairbanks that operate like organized crime, yet another step away from regulation, fruadulently blackmailing "protection money" from already-ditressed citizens. How dare you imply that the borrowers somehow "asked for it" when they did what they had to do to make a home for their families. I suppose when "your bank" denies your mortgage application, you should just build a hut for your children. Come to think of it, you would be better off that way...


Former

Salt Lake City,
Utah,
U.S.A.
get the story straight

#8Consumer Comment

Tue, April 15, 2003

Aames Mortgage is not a subsidiary of Fairbanks but a wholesale lender to the sub-prime mortgage niche. The fact that you got a loan with Aames and not with your bank shows your credit is below the "A" paper grade. Fairbanks is the largest of the sub-prime servicers and most mortgage companies do not service their own loans. Fairbanks phone system can be hard to deal with, I know, I had to go through the same system to call in sick and it can take close to forever to actually speak with a real person. Fairbanks is agressive, yes, but the employees are truly trying to save people from foreclosure. Sometimes without the support of management if the loan-to-value is low and the company would make more money if they did foreclose. The employees I worked with are very knowledgeable in the mortgage industry and very honest, ethical individuals. I can't necessarily say the same of some of the upper management.


Shannon

Buckeye,
Arizona,
U.S.A.
Oops! I nearly forgot!!!

#9Author of original report

Thu, February 06, 2003

I almost forgot to mention that Aames managed to completely lose at least one of our payments made with a money order. My husband and I had to scrimp and scrape to make up the lost payment and to pay their late fees because THEY lost our payment. (This was nearly a year ago and that payment is still MIA.) Every time we called about it we were given the run around and treated like dirt. I remember several times where we would call and be shuffled between voicemails and non-answered numbers that would just ring and ring. Naturally, no employee that we every spoke with had ever head of the previous employee that we had spoken to...we were stonewalled from the onset. PS: I got my year-end tax statement yesterday and it looks like Aames snuck off with some of my escrow money before they paper shuffled me to their 'raw meat eating' servicer Fairbanks. I am SO mad and disgusted with these two companies. I hope when these two companies fall, they fall HARD.


Shannon

Buckeye,
Arizona,
U.S.A.
Oops! I nearly forgot!!!

#10Author of original report

Thu, February 06, 2003

I almost forgot to mention that Aames managed to completely lose at least one of our payments made with a money order. My husband and I had to scrimp and scrape to make up the lost payment and to pay their late fees because THEY lost our payment. (This was nearly a year ago and that payment is still MIA.) Every time we called about it we were given the run around and treated like dirt. I remember several times where we would call and be shuffled between voicemails and non-answered numbers that would just ring and ring. Naturally, no employee that we every spoke with had ever head of the previous employee that we had spoken to...we were stonewalled from the onset. PS: I got my year-end tax statement yesterday and it looks like Aames snuck off with some of my escrow money before they paper shuffled me to their 'raw meat eating' servicer Fairbanks. I am SO mad and disgusted with these two companies. I hope when these two companies fall, they fall HARD.


Shannon

Buckeye,
Arizona,
U.S.A.
Oops! I nearly forgot!!!

#11Author of original report

Thu, February 06, 2003

I almost forgot to mention that Aames managed to completely lose at least one of our payments made with a money order. My husband and I had to scrimp and scrape to make up the lost payment and to pay their late fees because THEY lost our payment. (This was nearly a year ago and that payment is still MIA.) Every time we called about it we were given the run around and treated like dirt. I remember several times where we would call and be shuffled between voicemails and non-answered numbers that would just ring and ring. Naturally, no employee that we every spoke with had ever head of the previous employee that we had spoken to...we were stonewalled from the onset. PS: I got my year-end tax statement yesterday and it looks like Aames snuck off with some of my escrow money before they paper shuffled me to their 'raw meat eating' servicer Fairbanks. I am SO mad and disgusted with these two companies. I hope when these two companies fall, they fall HARD.

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