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  • Report:  #66915

Complaint Review: Fairbanks Capital - Jacksonville, Florida

Reported By:
- 12117, New York,
Submitted:
Updated:

Fairbanks Capital
PO BOX 551170 Jacksonville,, 32255-1170 Florida, U.S.A.
Phone:
800-258-8602
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
On September 10, 2003 my husband and I came home to a notice that our Property Taxes (which are paid through escrow) have not been paid and on November 5 2003 the county is going to place a lein on our home.

We are currently under Chapter 13 protection and we immediately contacted our attorney along with trying to do some investigating ourselves. On Sept 11, I was on the phone over 40mins trying to get someone to help me at Fairbanks Capital so we can resolve this issue. I was switched from department to department and when finally was at the right department, I was able to get only one statement from one of the representatives that I spoke with that our account has been noted that our taxes WILL NOT be paid and client is endanger of losing their home. I asked for a supervisor and was hung up on.

My attorney took over with the phone calls and with no surprise, he could not get any answers and this is still being sifted through as I speak. Who knows what I will be facing Monday morning when I call him for an update.

Approximately two years ago we went through a similiar situation with Fairbanks Capital. We did not choose this mortgage company. Our original mortgage was with IMC who sold our mortgage to Fairbanks Capital. At that time Fairbanks knew we were in Chapt 13 and sent a notice to the courts trying to dismiss our case stating we had several missed payments.

Please note, to this day Fairbanks has NEVER sent us a monthly statement. We have asked several times for this and have been told that because we are in bankruptcy they are not required to send us statements. We are to pay according to our Plan Agreement. Fairbanks stated that we owed over $3000.00 and some change in missed payments, late fees, interest, attorney fees and miscellaneous fees. My attorney was able to stop the dismissal but only if we paid these fees ASAP. Of course we did, if not, the alternative was losing our home via foreclosure.

We thought the nightmare was over. WRONG! As you can see by the recent situation, we are now in HELL all over again! I am hoping it is not too late and court proceedings have not started against our home. Again, I will know more Monday. The current situation is as such. Fairbanks Capital claims that we have not paid our mortgage payments therefore they cannot pay our taxes out of escrow because we do not have enough in escrow to cover the bill.

Because Fairbanks has never sent us a statement, for two years, every month, ON TIME, we have paid the same mortgage amount. We have NEVER been notified nor has our attorney been notified that we are not paying the correct amount. Therefore our account shows past due and current payments are being applied to past monies due causing our mortgage to show in arrears.

Out of curiosity and looking for help, I searched online and found this website. I just sat and cried knowing that I am not the only one as I had thought two days ago. My husband and I have tried so hard to live through this bankruptcy and get ourselves back online so we could put this in the past. Just because someone files bankruptcy does not mean you have lost all your rights. Nobody deserves to be treated like your third class as Fairbanks has treated us.

This company is a scam and needs to be stopped. I am just one more added to this list as I am sure with great regret there are many more of us out there and it is too late for them.

Monday morning will not only be an update, but we have also decided to seek a Class Action Attorney and we are going to take legal actions against this company.

If anyone currently knows of any lawsuits currently being filed and can give some information we will gladly add our names to this ever growing list. After reading all of your horror stories I have decided I will NOT sit back and just hope my attorney can get this resolved. This needs to end now and never happen again. I will also fight my own fight against these corrupted group of people.

I am so glad I came across this site. Know that our thoughts are with each and everyone of you who are going through this too.

Carrie

Upstate, New York
U.S.A.

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


6 Updates & Rebuttals

Carrie

12117,
New York,
U.S.A.
NO response from Fairbanks

#2Author of original report

Wed, October 01, 2003

As of today, Oct 1, 2003 I nor my attorney has received a response from Fairbanks. I know, this is so unlike them. (sorry I have to add some humor to this total hell we are all living) I have found an attorney in Vermont who basically is a one man crusader. He is very familiar with Fairbanks. He has taken on some tough cases. I am asking anyone in the Vermont area who has dealings with Fairbanks, to please submit your stories to this sight. Fairbanks and their fraudulent practices have to be stopped. I encourage anyone within the same state to try and find a way to contact one another, find a GOOD attorney and pursue this as one. A fight, fought together not only has better results, but the support by others in the same situation is so needed. As much as I tell myself I am not alone in this...it's amazing how alone you feel. Fairbanks thrives on the emotional, physical and mental torture they place on peoples lives.


Carrie

12117,
New York,
U.S.A.
Update, as promised ..this had taken on a life of it's own and has consumed me ever since. ..thank all of you for sharing your stories.

#3Author of original report

Sat, September 20, 2003

Monday Sept 15, 2003 I called my attorney. Fairbanks still had not gotten back to them from the phone calls made 9/11 & 9/13 and 9/15/03. Over the weekend, this had taken on a life of it's own and has consumed me ever since. As I'm sure you all know so well, I haven't slept, I'm vomiting everyday due to nerves and my husband and I are at one anothers throats over the smallest of things. I am spending every night on the computer researching, falling behind in my job due to phone calls being made to my attorney,writing letters of complaints etc. My attorney finally called on 9/18 only to state that Fairbanks is looking into this. Fairbanks stated they will pay the taxes and sort through everything after. They gave Fairbanks until 9/24/03 to respond. My husband and I spoke about this and because of the many postings to this sight we found this is NOT the best idea. Sept 19,I wrote another letter (again at work) to my attorney stating we DO NOT want them to just pay the taxes then sort it out. Sort it out first! The money should be there, we pay escrow every month. Besides, if they pay it, Fairbanks will then claim we owe them this money along with how many other fees, interest and who knows what else. So right now that is where we stand until 9/24/03 when I will place another call to my attorney for an update. However, the information that I have found in just doing my own research is amazing and has been quite a wake up call. I do want to share for anyone going through this. I found that the homeowners insurance that Fairbanks required us to get through them because of the ordeal in 2001, they claim it was protect their interest because we are a risk. Under the advisement of our attorney, we allowed this. DO NOT EVER allow this. GET YOUR OWN COVERAGE!! For two years the only coverage was on the mortgage itself. If anything, thank God it didn't, should have happened, we had no coverage on personal items, vehicles, loss of life etc etc. Of course, immediately finding this out, on Sept 18, 2003 I went out and got my own policy. We have now faxed this too them under my attorney's cover letter. And yes, I am aware this too will be a fight with them. You need to find a good attorney. I am learning this one the hardway. I think sometimes we take for granted and assume because we have legal advisement we are doing what is right. Not the case. I'm finding that my best interest hasn't always been first and foremost. I'm questioning alot in these past few days. Why we agreed to certain things, why we paid the amount we paid in 2001 without better documentation, research etc etc. Save yourself the pain later on down the road. Not everyone can pay for private attorney's. I am one of them. But continue contacting anyone who will listen and find one that is going to fight. And not just fight, but fight the long long road ahead. I have found two websites of Class Action Law Suits. Each site wants to hear from anyone who has had or still having problems with Fairbanks Capital. I think we all need to stick together and flood these attorney's with every story we have. Via e-mail, faxes, etc etc. I believe there is more of us out there than anyone suspects. Document, Document, Document! Document every call, every name, every fax, every phone number. EVERYTHING! No matter who it is your contacting. Again, this is something I am learning the hardway. Research! I have questioned so much since the last dealings with Fairbanks in 2001. If I had only done my own research as well as work with my attorney. Hindsight is...20/20. This time that is all I am doing. I feel at times reading and hearing about all the horror stories does get overwhelming and it has made me realize just how huge this situation is that I'm battling. But, I also feel that I am better prepared for what Fairbanks might come back at us with. Each of us has a story, although some similar, each one is unique and can offer all of us the specific information we need. So please, don't just assume because you have an attorney they are doing whats best. I have taken advice from other postings and have filed complaints with the Attorney Generals Office, The Federal Trade Commission and The Better Business Bureau. Although these are just formal complaints, and are needed so that businesses like Fairbanks are investigated please note, these departments are not set up to stop foreclosure proceedings and most do not get involved with mediation. They do offer advice on what to do and who to go to etc etc, but every complaint I have filed takes up to 60 days to receive a response. I am also going the extra distance and will be sending formal letters to my Senators and Congressmen. Who knows, my letter or your letter may just be the one that broke the camels back. I really want to thank all of you for sharing your stories. You have no idea how much they have helped me continue to be strong. Especially on those days when I really just want to give up.


Joe

Saint Petersburg,
Florida,
U.S.A.
CLASS ACTION OR SINGLE FILING AGAINST FAIBANKS

#4Consumer Suggestion

Sun, September 14, 2003

To The Above, There is something you can do and your currenty Attorney should be able to point you in the right direction to file or to join a current Class Action Suite. There are Class Action as well as single cases against Fairbanks in every state of America. Do not give in to them or fear them. I have been fighting them for 5 1/2 years and I still thank God, have my home. I am too still fighting them day in and day out. What you should do is go to google.com and enter fairbanks. There you will find many cases in many states that have been filed against Fairbanks. Keep The Faith,


Joe

Saint Petersburg,
Florida,
U.S.A.
CLASS ACTION OR SINGLE FILING AGAINST FAIBANKS

#5Consumer Suggestion

Sun, September 14, 2003

To The Above, There is something you can do and your currenty Attorney should be able to point you in the right direction to file or to join a current Class Action Suite. There are Class Action as well as single cases against Fairbanks in every state of America. Do not give in to them or fear them. I have been fighting them for 5 1/2 years and I still thank God, have my home. I am too still fighting them day in and day out. What you should do is go to google.com and enter fairbanks. There you will find many cases in many states that have been filed against Fairbanks. Keep The Faith,


Joe

Saint Petersburg,
Florida,
U.S.A.
CLASS ACTION OR SINGLE FILING AGAINST FAIBANKS

#6Consumer Suggestion

Sun, September 14, 2003

To The Above, There is something you can do and your currenty Attorney should be able to point you in the right direction to file or to join a current Class Action Suite. There are Class Action as well as single cases against Fairbanks in every state of America. Do not give in to them or fear them. I have been fighting them for 5 1/2 years and I still thank God, have my home. I am too still fighting them day in and day out. What you should do is go to google.com and enter fairbanks. There you will find many cases in many states that have been filed against Fairbanks. Keep The Faith,


Joe

Saint Petersburg,
Florida,
U.S.A.
CLASS ACTION OR SINGLE FILING AGAINST FAIBANKS

#7Consumer Suggestion

Sun, September 14, 2003

To The Above, There is something you can do and your currenty Attorney should be able to point you in the right direction to file or to join a current Class Action Suite. There are Class Action as well as single cases against Fairbanks in every state of America. Do not give in to them or fear them. I have been fighting them for 5 1/2 years and I still thank God, have my home. I am too still fighting them day in and day out. What you should do is go to google.com and enter fairbanks. There you will find many cases in many states that have been filed against Fairbanks. Keep The Faith,

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