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  • Report:  #60903

Complaint Review: FAIRBANKS CAPITAL CORP - PMI; And CitiFinancial Mtg Co. And IMC Mtg Co - Salt Lake City Nationwide

Reported By:
- Valrico, Florida,
Submitted:
Updated:

FAIRBANKS CAPITAL CORP - PMI; And CitiFinancial Mtg Co. And IMC Mtg Co
3815 South West Temple Salt Lake City, 84165-0250 Nationwide, 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?
Fraud, Usury, Truth In Lending, Breach of Contract, Respa, Violations

Companies:(1) IMC Mortgage Co; (2) CitiFinancial Mortgage Co; (3) Fairbanks Capital Corp Orig Rate - (9.85%) Locked 1st (24) Months -Beg on 25th Month-Apply 1% Cap Up/Down Monthly Payment Accurately Stated Per Contract Wall Street Journal Libor 6 Month Index, plus Margin of 7.35% Per Contract WSJ Index - 45 Day Current Fannie Mae Libor 6 Month Index March & Sept Each Year Index Used By The (3) Companies Rounding by Adding the 1/8% to the end part of the time Plus 7.35% Margin Equal Result By Companies 1st Rate Change Date 05/01/1999 - See Rate Used 1st Payment Change Date 06/01/1999 Based Upon Rate Change Index INCREASING Company DID NOT Apply 1 % Cap Original Loan Amount $35000.00

May 01, 1997 9.85 303.28 N/A

24 Months Later >>

May 01, 1999 10.85 $328.61 Borrower Calculation - Below Co.

5.083 5.193 12.543 12.54 $372.67 No Cap 0%

Calc on Projected Bal

November 01, 1999 11.85 $354.08 Borrower Calc - Below Co.

5.974 5.94125 13.29125 13.25 $391.48 No Cap 0% Calc on Projected Bal

May 01, 2000 12.85 $379.79 Borrower Calc - Below Co.

6.53 6.4 13.75 13.75 $404.77 No Cap 0%

Calc on Projected Bal

November 01, 2000 13.85 $405.66

6.761 6.77 14.12 14.125 $414.74 No Cap 0%

Calc on Projected Bal

May 01, 2001 12.85 $379.11 Borrower Calc - Below Company

4.711 4.72375 12.07375 13.125 $388.41 Cap 1% Calc on Projected Bal

November 01, 2001 11.85 $353.08 Borrower Calc - Below Co. 2.532 3.08 10.43 12.125 $362.69 Cap 1%

Calc on Projected Bal

May 01, 2002 10.85 $327.66 Borrower Calc - Below Co. 2.332 2.21875 9.56875 11.125 $337.67 Cap 1%

Calc on Projected Bal

November 01, 2002 9.85 $303.68 Borrower Calc - Below Co 1.751 10.125 $_____.__ Cap 1%

Calc on Projected Bal

May 01, 2003 9.85 $302.59 Borrower Calc - Below Co. 1.262 9.85 $____.__ Cap 1%

Calc on Projected Bal

November 01, 2003 Not Available

The Pattern IS: Year 1999 IMC Mortgage Company Sold or Assigned Mtg to CitiFinancial Mtg Co.

May 16/2001 CitiFinancial Mtg Co Sold or Assigned To Fairbanks Capital Corp

There are some missing pieces and adjustments here...to be updated.

Although, the picture is clear, on 1st change date the index and rates were increasing, cap was not applied, as soon as rates started decreasing the cap was applied.

CitiFinancial transferred to Fairbanks/PMI, plus, borrower was brought into court three times in year 2001, during the mtg index dive. (1) Take Title to Property, (2) Stop BcRuptcy from being confirmed, (3) Lift Automatic Stay 12/20/2001.

Fairbanks loan activity shows $4,215.65 Property Taxes Paid, resulting in a negative balance in escrow, but sold at tax sale 05/24/2003.

All money received by Fairbanks from trustee Yr 2002 was taken for fees or put in suspense, plus, they refused post-petition payments early Yr 2002 and returned the January & February Payments. Over $6,000 gone, 2002. Then attempted to take title to property over an illegal sale from June 1999.

Yr 2001 payments were taken for fees, suspense, etc. This accounting is so messed up just don't see how it can be straightened out. Have reported to government agencies, but they just keep on keeping on. This account would be over paid if all would get credited to the right places like Principal and Interest First, then take off the fees that are not applicable ,and get pieces and whole payments out of suspense that never got applied to any thing except FB bank account and all would be on right track. Difficulty finding an attorney that will take case. Attorney of record wants to work it out with company, but nothing ever happens positive for borrowers. Borrower has done all the research and even prepared defense documents. Nothing is in court - Timing is of essence. Backed in a corner, there are so many discrepancies, don't know how to tell someone about all this. This is only a part of the scenario.

Please reference 06/09/2003 Ripoff Report - Valrico Florida

C c

Valrico, Florida
U.S.A.

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


6 Updates & Rebuttals

Cheryl

Rockford,
Illinois,
U.S.A.
"OVER 700 REPORTS LIKE YOUR OWN~!!!!! HELP!!!!!!! FTC-CONSUMER ADVOCACY GROUPS????

#2Consumer Comment

Wed, July 02, 2003

I have read over 300 responses on different reports. I have noticed one thing in common with all of them..dehumanization of the client??? Where is the old saying--The customer is always right. I guess our government doesn't think of us as customers any more. These Conti Mortgage, Fairbanks, "Manufacturers and Traders" organizations or whatever face they hide behind don't look at any of us as a family or as "our home". They appear to look at only the asset, the home they are going to steal, fix up and sell in the secondary market for a very high return on the dollar. The american dream is gone with this big company and also some of the legislature that I have been reading about this company. I sure hope the government comes through and finds that something needs to come back to each and every consumer that these companies have had dealings with. The best thing would be to talk to these people and see what it would take to make them happy. Their home, "money for their home-it is has been stolen already" or ??? The only thing that would be appropriate other than the expensive class action that would give more to the expensive attorneys (Is there no honest man out there!) There is a Conti-Fairbanks consumer omnibudsman program that is suppose to be helping people??? Two men will not take care of these issues. I can not believe that the government agencies are not getting involved with the harassment of the American Consumer. The way conti and Fairbanks representatives are when they phone their customers should be illegal and these people that do this should be put under arrest for abuse, threats, manipulation, lies and most of all stripping human dignaty of their clients. Every human being should be treated fairly and with compassion. If the company tried to work with someone other than to make a buck (write some of the fees off) This is tax deductible for the "Big business" they would go alot farther and there would be many happy faces out there.


Cheryl

Rockford,
Illinois,
U.S.A.
"OVER 700 REPORTS LIKE YOUR OWN~!!!!! HELP!!!!!!! FTC-CONSUMER ADVOCACY GROUPS????

#3Consumer Comment

Wed, July 02, 2003

I have read over 300 responses on different reports. I have noticed one thing in common with all of them..dehumanization of the client??? Where is the old saying--The customer is always right. I guess our government doesn't think of us as customers any more. These Conti Mortgage, Fairbanks, "Manufacturers and Traders" organizations or whatever face they hide behind don't look at any of us as a family or as "our home". They appear to look at only the asset, the home they are going to steal, fix up and sell in the secondary market for a very high return on the dollar. The american dream is gone with this big company and also some of the legislature that I have been reading about this company. I sure hope the government comes through and finds that something needs to come back to each and every consumer that these companies have had dealings with. The best thing would be to talk to these people and see what it would take to make them happy. Their home, "money for their home-it is has been stolen already" or ??? The only thing that would be appropriate other than the expensive class action that would give more to the expensive attorneys (Is there no honest man out there!) There is a Conti-Fairbanks consumer omnibudsman program that is suppose to be helping people??? Two men will not take care of these issues. I can not believe that the government agencies are not getting involved with the harassment of the American Consumer. The way conti and Fairbanks representatives are when they phone their customers should be illegal and these people that do this should be put under arrest for abuse, threats, manipulation, lies and most of all stripping human dignaty of their clients. Every human being should be treated fairly and with compassion. If the company tried to work with someone other than to make a buck (write some of the fees off) This is tax deductible for the "Big business" they would go alot farther and there would be many happy faces out there.


Cheryl

Rockford,
Illinois,
U.S.A.
"OVER 700 REPORTS LIKE YOUR OWN~!!!!! HELP!!!!!!! FTC-CONSUMER ADVOCACY GROUPS????

#4Consumer Comment

Wed, July 02, 2003

I have read over 300 responses on different reports. I have noticed one thing in common with all of them..dehumanization of the client??? Where is the old saying--The customer is always right. I guess our government doesn't think of us as customers any more. These Conti Mortgage, Fairbanks, "Manufacturers and Traders" organizations or whatever face they hide behind don't look at any of us as a family or as "our home". They appear to look at only the asset, the home they are going to steal, fix up and sell in the secondary market for a very high return on the dollar. The american dream is gone with this big company and also some of the legislature that I have been reading about this company. I sure hope the government comes through and finds that something needs to come back to each and every consumer that these companies have had dealings with. The best thing would be to talk to these people and see what it would take to make them happy. Their home, "money for their home-it is has been stolen already" or ??? The only thing that would be appropriate other than the expensive class action that would give more to the expensive attorneys (Is there no honest man out there!) There is a Conti-Fairbanks consumer omnibudsman program that is suppose to be helping people??? Two men will not take care of these issues. I can not believe that the government agencies are not getting involved with the harassment of the American Consumer. The way conti and Fairbanks representatives are when they phone their customers should be illegal and these people that do this should be put under arrest for abuse, threats, manipulation, lies and most of all stripping human dignaty of their clients. Every human being should be treated fairly and with compassion. If the company tried to work with someone other than to make a buck (write some of the fees off) This is tax deductible for the "Big business" they would go alot farther and there would be many happy faces out there.


Cheryl

Rockford,
Illinois,
U.S.A.
"OVER 700 REPORTS LIKE YOUR OWN~!!!!! HELP!!!!!!! FTC-CONSUMER ADVOCACY GROUPS????

#5Consumer Comment

Wed, July 02, 2003

I have read over 300 responses on different reports. I have noticed one thing in common with all of them..dehumanization of the client??? Where is the old saying--The customer is always right. I guess our government doesn't think of us as customers any more. These Conti Mortgage, Fairbanks, "Manufacturers and Traders" organizations or whatever face they hide behind don't look at any of us as a family or as "our home". They appear to look at only the asset, the home they are going to steal, fix up and sell in the secondary market for a very high return on the dollar. The american dream is gone with this big company and also some of the legislature that I have been reading about this company. I sure hope the government comes through and finds that something needs to come back to each and every consumer that these companies have had dealings with. The best thing would be to talk to these people and see what it would take to make them happy. Their home, "money for their home-it is has been stolen already" or ??? The only thing that would be appropriate other than the expensive class action that would give more to the expensive attorneys (Is there no honest man out there!) There is a Conti-Fairbanks consumer omnibudsman program that is suppose to be helping people??? Two men will not take care of these issues. I can not believe that the government agencies are not getting involved with the harassment of the American Consumer. The way conti and Fairbanks representatives are when they phone their customers should be illegal and these people that do this should be put under arrest for abuse, threats, manipulation, lies and most of all stripping human dignaty of their clients. Every human being should be treated fairly and with compassion. If the company tried to work with someone other than to make a buck (write some of the fees off) This is tax deductible for the "Big business" they would go alot farther and there would be many happy faces out there.


Maureen

E. Stroudsburg,
Pennsylvania,
U.S.A.
Re: IMC and Bankruptcy

#6Consumer Suggestion

Wed, July 02, 2003

It seems you have your hands pretty much on Regulation Z. Boy, your expertise is greatly needed by a lot of victims. I was wondering - have you been to the Conti Liquidating Trust Site? Have you listened to the teleconferences held by PMI and Fitch recently? If you have not, I suggest you do so. There is valuable information there that you can use, especially since you were in Bankruptcy - and don't forget, your Trustee has a lot of power, and is actually there to help you. By the way, have you contacted the various entities in Florida that is now on top of Fairbanks? Have you checked out the Fairbanks licensing issues? How about the transfer of service from Citi to Fairbanks? If you search the various message groups in Yahoo, you'll find a resource for mortgage victims that may provide you with some of the aforementioned information. Lots of other information still coming. Don't give up hope - we are united, we will survive, we will win.


C c

Valrico,
Florida,
U.S.A.
Adjustable Rate Mortgages (ARM's) How Many?

#7Author of original report

Tue, July 01, 2003

TO ALL BORROWERS AND FEDERAL TRADE COMMISSION AND DEPARTMENT OF JUSTICE: SUBJECT: ADJUSTABLE RATE MORTGAGES! I just completed a spread sheet based on FAIRBANK'S Online Customer Activity: Payment Receipt - $2138.39. Here is how they applied:) Payment put in SUSPENSE account first, then LATER, which included two rate change periods, (one- monthly payment of $414.74 on first period) and (five- monthly payments of $388.42)on next 6 month period). I will REMIND you that the RATE and the monthly payment AMOUNT is overstated on this loan, because on the first change date of June 1, 1999, they did not apply a 1% CAP per contract as long as the INDEX was INCREASING, which started a chain of overstated interest rates and payment amount. (LIBOR rates does NOT normally result in negative amortization). IN YEAR 2001 RATES BEGIN RAPIDLY DECREASING, then they decided to apply the CAP for EACH CHANGE DATE: Pretty cool, huh? They APPLIED PAYMENT of principal and interest based upon PROJECTION of loan balance when the NEW RATE is CALCULATED. Here is the REAL PROBLEM - EACH CHANGE - FIRST PMT IS COUNTED AS PAYMENT #1, SECOND PMT IS COUNTED AS PAYMENT #2...UP TO PAYMENT #6, then on NEXT CHANGE DATE, the PROCESS IS REPEATED, payment #1, payment #2, payment #3, payment #4, payment #5, payment #6, NEXT CHANGE DATE, the PROCESS IS REPEATED, REPEATED...NOW TELL ME HOW A LOAN WILL EVER GET PAID WITH THIS SENARIO- Case being described was pmt number 48, 49, 50, 51, 52, 53. (Which had already been paid). On the above $ receipt it took from August 19, 2002 to October 31, 2002 to work this payment out of the SUSPENSE ACCOUNT. On the $414.74, they pulled $40.48 late fees (Principal Bal according to their figures was $34,330.62 (contract reads 10% late fees AND were not APPLICABLE), then on the $388.42 pmt's, they decided to take $105.29 for escrow (contract reads no escrow) and for this payment period, a debtor paid home owners policy was in affect and a real positive balance should have been in escrow from prior money they decided to stick in escrow, and turned around and took it out TO ZERO and put in SUSPENSE INSTEAD OF TO PRINCIPAL AND INTEREST and kept it. Additionally, these payments were made by the debtor on a timely basis WHEN THEY WERE DUE and was included in the Debtor's Opposition showing proof of payment..which never went to court (was held for a year), stay was already SIP - SIP- SIP lifted on January 30, 2002, AT THIS POINT, 01/30/2002 THE ACCOUNT WOULD HAVE BEEN OVERPAID. As stated in (2) previous ripoff reports, they decided to lift the stay and stop receiving post-petition payments per a letter dated April 6, 2002, they held January & February 2002 payments, then returned them with the April Letter. INTENT! STILL RECEIVING TRUSTEE PAYMENTS, WHICH IS WHAT THIS PAYMENT IS. INTENT TO DEFRAUD. These people are not IDIOTS, they are timely in FORECLOSING. Their personnel are trained as idiot actors. And December will be here soon, that is a great time, to FORECLOSE. Start legal proceedings at year end, take property in first quarter of following year. PLEASE BEAR IN MIND, I AM ONLY DESCRIBING THIS ONE RECEIPT AT THIS TIME. My advice don't WASTE MONEY on lawyers TO FILE BANKRUPTCY, sue the SOURCE. Bankruptcy only BUY'S YOU TIME, the PROBLEM IS STILL THERE, and they have more CONTROL, BECAUSE THE LAWYER'S ARE THEN HANDLING YOUR MONEY & YOUR HOME & YOUR LAND, and your LIFE. Trustee's CONTROL who get paid , mortgage company and/or mortgage service's files at 341 meetings, INFLATED frivolous CLAIMS, so all the money is going to FAIRBANKS CAPITAL, regardless, of any other creditor's. They don't want PAYMENT for PRINCIPAL & INTERST . They only want money for fees, PAID OR NOT PAID, they want your EQUITY. If a BORROWER is in Bankruptcy, PLEASE TAKE TIME TO GO TO YOUR 341 CREDITORS MEETING and view the detailed claims submitted for approval. TAKE NOTHING FOR GRANTED! Adjustable Rate Mortgages (ARM'S): HOW MANY FAIRBANKS? If a debtor has an ARM, better read your contract & get it re-calculated. This is an issue that has not been mentioned much from borrowers. MY SUSPICION this is one of the BIG issues that effects the principal balance on all loans they are servicing. THEY CANNOT GIVE YOU AN ACCURATE PAYOFF... THE BOOKS ARE TOO MESSED UP.

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