Complaint Review: Faribanks Capitol Corp Superior Bank FSB Loan Servicing Center - Jacksonville, Florida

My husband and I had a loan through FairBank aka Loan Servicing Center for our home in Hendersonville, Tennessee starting back in 1997. They lost our payments, put on their own insurance, everytime I called I would be transferred several times and sometime during the duration of the call their phones would disconnect and I would have to call again and repeat my situation and this happened everytime I called. We were threatened several times and were actually told they hoped we would lose our home. This happened over a two year period and once I thought we would have all the records straight they would lose payments again. I became so obsessed with rectifying the situation that I called Consumer Affairs through the State of Tennessee and it took them 8 months to try and reserch through all the douments. They told me this was the worst mess they had every seen. Finally, we could not take it anymore and decided to file chapter 13 and we actually had the house included in this bankruptcy. We handed the keys to their lawyer at the chapter 13 because we knew it would not be considered a Foreclosure, yet it would be considered a surrender which is much less damaging then a foreclosure in the eyes of lenders. Yet, three years after the bankruptcy Loan Servicing Center recently reported to all three credit bureas that we had a Foreclosure and to say the least I am very upset. I thought we left this mess behind us yet here it is starting up all over again and brings back painful memories of sleepless nights. We have not incurred any debt since the Chapter 13, faithfully have paid on time and even moved to California immediately after filing the Chapter 13. If anyone has any information about a pending class action suite please contact us because at this point we want to be part of that suite, a presidence must be set with this company. In the meantime I will contact the FTC. Thank you

Thank you so much for the information you sent. I have been sitting here trying to debate weather to go back into chapter 13 or not because of course they are trying to foreclose again. but i think you are exactly right. if i have to stay in bankruptcy for 30 years i will i will not give them my house without a fight. they have taken all my chapter 13 payments and applied them to fees and i still owe them 27,000 they charged me 20,000 worth of fees. this is rediculous. i just dont understand what the hell is going on. i am so stressed out and on edge i dont know what to do. i have filed chapter 13 three times and each time they go into court and say i am not making my payments when they are being taken out of my check. then when that dont work they go back to court and say the i didnt make my monthly payment. they have caused me to have high blood pressure, migraine headaches and any other sickness because of the strss they have put on me. but i tried that web site that someone put on the webb www.conti-fairbanks.com and a person named w. craig kenney contacted me and said he has contacted fairbanks and they are doing a full audit of my account which dont mean anything because i dont know if he works for them or not but put your complaint on that web sit also and see if anything happens. in the mean time i am getting ready to find me a attorney so i can file chapter 13 before they try anything else. good luck and lets keep up the fight and keep every one informed with any information we receive. eventually we will win Good luck to all

I, too am a Fairbanks victim. If you filed a Ch. 13 BK., and completed the plan, then at the time of discharge of your BK. Would be the time for you to go back into Federal Bankruptcy Court and have the judge find Fairbanks in contempt of court. After a discharge, you are no longer in default. But, Fairbanks has a practice of applying current housepayments, outside the BK. to past housepayments, which is against the Federal Bankruptcy Laws. Go back into court and file a motion against Fairbanks. Their computer generated monthly statements, they claim, are just spitting out numbers and are not correct. According to the Real Estate Settlement Protection Act, when you request a complete accounting of your loan from the date of inception, Fairbanks has 60 days to respond. If they don't respond to all the information you ask for they are in violation of the R.E.S.P.A. All they sent to me were 2 pages of illedgible accounting, which included two sets of books. They said they keep two sets when people are in CH. 13 BK. because most people don't complete it. Well, I completed a 5 yr. CH. 13 and Fairbanks had my loan for the last month of the payments. After discharge of my BK., it took Fairbanks 8 months to send me my 1st statement, then 2 days later , a foreclosure notice. My loan was serviced by Temple-Inland Mort., which then became Calmco Servicing, (same comp.)then Calco changed their name to Olympus Servicing L.P. which inturn handed me over to Fairbanks. Fairbanks had no idea as to what I owed or owe. They asked my attorny for his accounting that I supplied. Now, after trying to foreclose on me wrongfully, they say I just owe the 4 payments that they sent back to me. EXCUSE ME, I put out monies to go back into a BK. to stop them from taking my home and all they want are the payments that I sent to them and they returned ? I don't think so, someone is going to pay my Bk. fees and attorny fees and they will have to answer to the court for applying my current payments to previous months payments which they are still doing. To top it all off, my housepayments are being sent next day mail by my attorny, who then files that he sent it with the Federal Bankruptcy Court. They even credited the 2nd payment my att. sent on the 8th of the month, ont the 16th, but they did not put a late fee. I am sure after BK. they will attempt to collect one. If I have to, I will stay in BK. for the life of my mortgage. I have lived in my home since 1976 and if they think I am stupid enough to let them get it or charge me all kinds of fees to reinstate me, they are totally wacked. Thanks to this website and my own research, I am so much more informed this time around and they are not getting 1 cent more than they should, in fact, I am expecting for them to have to pay me for all this stress and time and mental games they are playing. The Federal Bankruptcy Court does not like people that don't abide by their rules and has a habit of compensating the victims. I just pray that your Attorny has the guts to fight them. You have to speak up and tell your attorny what you want him to do and what you owe and do not settle for a compramise, I did the first time around and am I sorry I did. Why should we pay monies that we don't owe just so the Bankruptcy can be confirmed. If you don't owe it and you can prove it, it is cheaper to do it in a BK. court than to try and fight a corporation with a private attorny. My battle is still ongoing, but I am not going to lay down and let anyone walk all over me. This has been going on since 1996 so you can imagine what I have been put through and am still going through. They are not going to wear me down. Good luck to all of you in the same position as me. Fight Fight Fight

Hello I am a former superior bank customer and also alliance funding. i took out my original mortgage with superior bank. then i was sold to WMC mortgage company who in turn sold me to fairbanks in december of 2001. now they are saying i owe payments from may 2001 when they didnt even have my loan at that time. i have filed 3 chapter 13 trying to keep my house.i am not giving up my house with out a fignt. now they are charging me so many attorney fees they have charged me over 12,000 in attorney fees and other bogus fees. there attorneys in illinois are pierce and associates. how can a law firm represent a company like fairbanks or what ever they call themselvs. this is one horrible nightmare. but if any body out ther know of what we can do please let me know. i have wrote to my state senator, hud, ftc, the senator of maryland, and anybody else that will listen. why wont somebody defend us in our trying times. there must be a law firm out there somewhere that can do a class action from all states.just imagine the people that would file. i have 5 friends who are in the same shape with fairbanks sold to the from superior bank.

Hello I am a former superior bank customer and also alliance funding. i took out my original mortgage with superior bank. then i was sold to WMC mortgage company who in turn sold me to fairbanks in december of 2001. now they are saying i owe payments from may 2001 when they didnt even have my loan at that time. i have filed 3 chapter 13 trying to keep my house.i am not giving up my house with out a fignt. now they are charging me so many attorney fees they have charged me over 12,000 in attorney fees and other bogus fees. there attorneys in illinois are pierce and associates. how can a law firm represent a company like fairbanks or what ever they call themselvs. this is one horrible nightmare. but if any body out ther know of what we can do please let me know. i have wrote to my state senator, hud, ftc, the senator of maryland, and anybody else that will listen. why wont somebody defend us in our trying times. there must be a law firm out there somewhere that can do a class action from all states.just imagine the people that would file. i have 5 friends who are in the same shape with fairbanks sold to the from superior bank.

Hello I am a former superior bank customer and also alliance funding. i took out my original mortgage with superior bank. then i was sold to WMC mortgage company who in turn sold me to fairbanks in december of 2001. now they are saying i owe payments from may 2001 when they didnt even have my loan at that time. i have filed 3 chapter 13 trying to keep my house.i am not giving up my house with out a fignt. now they are charging me so many attorney fees they have charged me over 12,000 in attorney fees and other bogus fees. there attorneys in illinois are pierce and associates. how can a law firm represent a company like fairbanks or what ever they call themselvs. this is one horrible nightmare. but if any body out ther know of what we can do please let me know. i have wrote to my state senator, hud, ftc, the senator of maryland, and anybody else that will listen. why wont somebody defend us in our trying times. there must be a law firm out there somewhere that can do a class action from all states.just imagine the people that would file. i have 5 friends who are in the same shape with fairbanks sold to the from superior bank.

Hello I am a former superior bank customer and also alliance funding. i took out my original mortgage with superior bank. then i was sold to WMC mortgage company who in turn sold me to fairbanks in december of 2001. now they are saying i owe payments from may 2001 when they didnt even have my loan at that time. i have filed 3 chapter 13 trying to keep my house.i am not giving up my house with out a fignt. now they are charging me so many attorney fees they have charged me over 12,000 in attorney fees and other bogus fees. there attorneys in illinois are pierce and associates. how can a law firm represent a company like fairbanks or what ever they call themselvs. this is one horrible nightmare. but if any body out ther know of what we can do please let me know. i have wrote to my state senator, hud, ftc, the senator of maryland, and anybody else that will listen. why wont somebody defend us in our trying times. there must be a law firm out there somewhere that can do a class action from all states.just imagine the people that would file. i have 5 friends who are in the same shape with fairbanks sold to the from superior bank.

What if you could have access to top rated lawyers for less than a cup of coffee a day? Would you be interested? I'm an account executive, who was also victimized by Fairbanks capital. Although, Fairbanks has mastered the art of manipulating the court system, by false accounting practices, don't give up, the fight continues.

My home was financed with manufactures trade and fairbanks took it over and now they took my home. they sold it i have a 15 year old daughter and they gave me 3 weeks to get out. i have lived here 26 years. alot of accumulation of various things!! the judge here in palm beach county did't seem to care nor did my attorney.i was behind on my payments , however they recieved a letter from my husbands attorney stating that the back payments would be caught up. my interest rate with them was 13.75 percent. i am crushed, devested and just plain hurt. don't know what to do thanx for listening. had to get it out. thank-you

I too have been victimized by fairbanks capital. From excessive late fee's (even when I was not late) to forced insurance even though I had insurance on my home. I received in the mail a short time ago a letter stating that I would receive a payment from fairbanks capital due to a settlement agreement on a class action lawsuit. Great I filled out the forms, however due to my credit being damaged I cannot refinance my home and I am stuck with this company for at least another year. Beware of this company and stay far away from them. i think they should be dismatled also and I pray everyday that my loan will be sold to another company just so I do not have to deal with them anymore.

Update: one of our families has been able to pull a rabbit out of their hat. They found a young and strong attorney who is challenging not only the foreclosure but all actions including harrassment and eviction of this Family the Mercers, Bob & Rae. I have the pleasure of being asked to attend by their attorney on 3/23/04 I will be in court, and am prepared to be called as a supportive witness to the fraud and RICO violations perpetrated against ALL VICTIMS. Start speakiing out, look for any little thing, but keep trying, God is with us and is helping. If anyone who frequents this site or the sites of Ocwen or Fairbanks or Superior Bank please post your ideas, if I am able to be questioned I need all the ammunition I can have. God Bless

I'VE HAD SO MANY LOAN NUMBERS UNER FAIRBANKS, IT GOT HARDER TO KEEP UP WITH WHAT THEY WERE DOING; I SENT PAYMENTS TO UTAH,FLORDIA,LOUISVILLE AMOUNG OTHER PLACES, I WOULD CALL FAIRBANKS BUT I COULDNT GET THE INFORMATION I NEEDED ! I STARTED to hire a lawyer about three years ago.wish now that i would have stuck with it and got a good lawyer.because i knew that the were doing illiagle things. This bank fairbanks ,should be held "accountable" for every wrong thing that they have done on every loan they did wrong!! from what i can learn is many. These big ceo and banks needs to be held responsible and accountable for there wrong doings! if your a poor person then your held accountable if you have lots of money, then seems like you are then took out of being held accountable,I have records for proof of how bad fairbanks can be: when it comes to serving a loan. I hope the people will take legal action against them useing there records as the proof they need to prove how bad fairbanks has ripped people OFF!!

Since it has been quite some time since anyone posted to the Superior Bank & Alliance Funding site, be aware that things are being brought back out into the open air. And the past is catching up to you. There was a post in one of my anti-predatory groups about an old lawsuit. In this law suit summary it was noted that Fairbanks's parent company was and is Manufacturers & Traders Trust Company, to day commonly called M&T Bank, in NY. This has not been formally confirmed (parent) but you have to wonder? Especially since M&T Bank has been given Federal & State monies for some new housing programs in the Erie County area & Buffalo NY. Maybe someone should send a copy of that lawsuit to the County Exec & the Attorney General Eliott Spitzer, they might just find another can of worms to dig up. Everyone every which way I and you turn they all seem to be involved with one another. By the way the case was Schollser VS Fairbanks Capital Corp. Remember, if it isn't Fairbanks it could be Litton Loan, Ocwen, and the list goes on and on. Fight back and speak your hearts.

Fairbanks Capital Corp. & Fairbanks Capital Holding Corp. along with their attorneys; Thomas M. Hefferon, Esq., Goodwin Procter LLP, suite 500, 1717 Pennsylvania Ave, N.W. Washington, DC 20006. Proposed to settle class action suit (03-12219-DPW & 03-10895-DPW) by paying 10% on each dollar they ripped off consumers. Is that fair? The company should be completely dismantled and liquidated with all proceeds distributed to its victims. Fairbanks should be treated like any other terrorist country.

I have been recently been foreclosed on by Litton Loan, the joke is that Litton Loan obtained my service contract from Superior Federal exactly at the time they were being closed by the FDIC. Been checking the hall of records in my county and there is no indication that Litton Loan has control of the account or any filings were done by them for my home. So if Superior Federal is out of business, who the hell is Litton paying the money to or who are they receiving their commission from. Interesting thought. Wonder how many of us are in the same boat, waiting to be sunk. Would be interesting if there was a combination page, for all the victims versus site by site and Servicer by Servicer. Could you imagine, this site might not be able to keep up with us all. Happy HUNTING and find out who holds your note past Superior Federal Bank victims and others.

The original poster in this thread was looking for a way to communicate with others. If you have not done so, check out www.conti-fairbanks.com You can get daily updates on all the amazing events such as the HUD investigation, the impact on PMI, media stories about Fairbanks etc. and there is a very active discussion list. There is also tons of information about how/where to file complaints. Good luck.

Fairbanks company is the worst Mortgage company in USA and there are already joint investigatons by the Federal Trade Commission and the Inspector General general of the Department of Housing and Urban Development This company should be fined and we should find a way to file several class action lawsuits. This is my story: I cancelled a life insurance that was added to the mortgage company, so I sent my regular payment on time, minus the insurance premium as it was already cancelled. Fairbanks added a late charge because they were claiming that they did not receive a cancellation notice directly from the insurance company even though the mortgage payment was sent and received on time. Because I live in Florida I filled a complaint with the State Attorney's office. But because the headquarters are located in Kentucky, it was transferred to that jurisdiction and it is my understanding that Fairbanks Company has several hundreds of similar complaints against them. The Addres is: State of Kentucky, Consumer Protection Division, 1024 Capital Center Drive, Suite # 200, Frankfort, KY 40601-8204, Phone # 502/696-5389

Jenna, I too have been victimized by Fairbanks. You are the first report on this website who has had their loan sold from Superior Bank, FSB to Fairbanks in October 2001 too! Guess what, that is when it all started for us. We have been in foreclosure twice already, the have extorted more than $7,000 from us. Unfortunately, I cannot afford a lawyer and try to keep my house. I have two small children. I would love to join a class action lawsuit in our area. I am located about 75 miles, give or take 10 miles, from you. I did contact Fairbanks on Tuesday, the 29th because we had sent our payment overnight with required signature on Friday, April 25, 2003 and we had proof it was signed for on Saturday but they had not posted the payment. So when I called I asked how they were applying it. I was told that their new policy was to apply any monies to PAYMENTS first instead of fees. I wonder HOW COME. Anyway, we aren't out of the woods yet. Now that they have ruined our credit, we cannot seek refinance anywhere even with this information. Good Luck to you!!!!

I had no clue Fairbanks had a history with ripping people off. I called them December 20, 2003 to report that was going to send in my November 15th and December 15th payments on December 27th for the November payment and January 10th for December. I asked the representative, if this could be arranged and she said there would be no problem. In short, I sent 3 payments in by January 16th and all of them were rejected because I went into foreclosure on the 30th of December? My solution was to pay an extra $800 for attorney fees.