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  • Report:  #71240

Complaint Review: Fairbanks Capital - Salt Lake City Utah

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

Fairbanks Capital
NATIONWIDE Salt Lake City, Utah, U.S.A.
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
Servicing Problems Result in $40 Million Fairbanks

Settlement

FTC, HUD will drop investigations

October 28, 2003

By PATRICK CROWLEY

One of the nation's leading servicers of subprime

mortgages, under intense regulatory pressure because

of consumer complaints, has agreed to a $40 million

settlement with the federal government.

Fairbanks Capital Corp. of Salt Lake City, Utah, has

reached the agreement with the U.S. Department of

Housing and Urban Development (HUD) and the Federal

Trade Commission (FTC).

In return, the government agencies will drop their

investigations of Fairbanks.

The settlement must still be approved by the federal

investigations, which have been investigating

Fairbanks for a number of allegations lodged by

consumers.

Fairbanks has been accused of charging excess fees,

misapplying mortgage payments and inappropriately

threatening customers with foreclosures by using

inaccurate or false information.

"We have acknowledged an investigation and we have

worked extensively with (Fairbanks) to come to a

resolution, but we have no comment at this time,"

Brenda Mack, spokeswoman with the FTC in Washington,

said in an interview.

Fairbanks spokesman Brian Keeter referred

MortgageDaily.com to statements and filings made by

The PMI Group Inc., a New York Stock Exchange

publicly-traded investment company and Fairbanks'

majority shareholder.

In the statement, posted on the PMI Group's website,

the company said "this proposed settlement must be

approved by the FTC commissioners as well as HUD and

its implementation is subject to obtaining necessary

court approvals."

PMI Group offers more details in a recent filing with

the Securities and Exchange Commission (SEC).

"If approved ...the agreement will resolve both the

FTC and HUD civil investigations," PMI Group said in

the filing. "The terms of the proposed settlement

require changes in Fairbanks' operations and the

creation of a $40 million fund for the benefit of

consumers allegedly harmed by Fairbanks. PMI expects

to guarantee or fund approximately two-thirds of

Fairbanks' obligations under a $30 million letter of

credit to be obtained by Fairbanks to fund a portion

of the $40 million fund."

In the earnings statement PMI said the settlement will

resulted in a loss of 20 cents a share. For the third

quarter, Fairbanks announced net income of 67 cents a

share, compared to 98 cents in the same quarter a year

ago.

The federal investigations began in March after Sen.

Barbara A. Mikulski, D-Md., asked HUD to "launch an

investigation into the business practices of Fairbanks

Capital Corp."

"There are hundreds of complaints about this company

from homebuyers all over the country, alleging that

Fairbanks is scamming them out of thousands of

dollars," she wrote in a letter to HUD Inspector

General Kenneth Donohue.

Despite being the focus of several unfavorable news

stories Fairbanks has said little about the

investigations or the charges and complaints made

against the company.

When Mikulski revealed her concerns Fairbanks

president Bill Garland released a statement saying the

company "will certainly to seek to address directly

with Senator Mikulski and her staff any concerns the

Senator may have about Fairbanks' servicing

practices."

Also, in March Standard & Poor's placed Fairbanks'

residential subprime and residential special servicer

rankings on CreditWatch with negative implications,

reflecting "increased regulatory scrutiny over the

company's servicing practices."

-----------------------------------

Patrick Crowley is a political reporter and columnist

and former business writer for The Cincinnati

Enquirer. Email Patrick at: [email protected]

-----------------

This MUST be a cruel JOKE!!!

Please contact the FTC and HUD; let them know you are NOT going to accept this SLAP IN THE FACE SETTLEMENT!!

FTC ...phone # 1-877-382-4357

HUD ...phone # 1-800-347-3735

OUR GOVERNMENT IS ALLOWING CRIMINALS TO CONTINUE "BUSINESS AS USUAL"

Mortgage Sevicers are committing CRIMES!!

They are STEALING homes from hundreds of thousands of working class Americans, and thier business practices are now concidered "the norm"...NO ONE IS STOPPING THEM!!!

OUR GOVERNMENT OFFICIALS SOLD US OUT!!

Time for us to MAKE THE CHANGE, this is an election year....

It is OUR VOICE, and our voice only that can protect us!!

If you want to save your home, make it happen... NOW IS THE TIME!

Contact your elected officials, remind them that they work for YOU!! If they will not protect you, your home, and family then you will vote for someone that will!!

This "settlement" is the biggest INSULT to the American family!!

IT IS OUR TURN NOW!!

SS /Consumer Advocate

Tempe, Arizona
U.S.A.

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