Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
I have to say what an amazing, informative and resourceful website here.
To make a long story short...............another victim of Fairbanks.  To make a long story short..........refinanced in 2002(with American Residential Funding, who used Fremont Investment and Loan as the lender,who used Fairbanks as the servicer) it was predatory, rescinded in July of 03............a proper and formal QWR und TILA and Reg.Z by an attorney.........Fairbanks responded in October 2003.........90 days which is a violation of TILA for non-compliance...........Demanded to go to arbitration in February 2004...........they withdrew their demand in March................still paying for an attorney.........Filed a complaint with the FTC because Fairbands had started foreclosure proceedings again in March and they were in violation of TILA............interesting they cc: Allison Brown at the mention of the FTC and Curry Settlement either the FTC or Fairbanks......In May I receieved a letter informing me that they were going to investigate my claim and dispute............June 2004...............the result of their investigation stated that the problem with the loan lied in the origination with Fremont............The attorneys racked up fees on both sides.....There was never any mention of my rescission claim of their non-compliance and their violation of failing to provide me with my proper disclosures at the closing...........never any mention of the FTC or Curry Settlement Agreements and the DRP or Operational Practice Changes............never any mention that I was a class member of these two civil actions.......Fairbanks's attorney gave us a couple of days to drop the case and enter into a forebearance attorney had allowed the one-year statute of limitations to expire on my TILA violation claim...................Foreclosure in September 2004.............Arbitration of my TILA claims in March surprise they were time-barred................And the arbitrator awarded attorney fees to Fairbanks.............even though they knew under Curry their demands for arbitration were released and that the arbitrator had no jurisdiction.............
They didn't care.....................Now I am looking for an attorney to represent me in a wrongful foreclosure lawsuit..................No one in Phoenix Arizona is willing to go against them......................if you can help would be greatly appreciated............Thank you for your time and consideration
Quote 0 0
H Gosh
Please go to and read about the "trip" that Michael Dillon took recently.  Please, most importantly, read the affidavit from Brent Rasmussen.  You will then understand why I labeled by previous post "Legal Scruem"  We have, indeed, been mislead.  I believe the Curry and FTC settlements need to be revisited.  What the heck, if they can do it for Fairbanks and amend the agreement in their favor, without our knowledge or participation, they can do it for us, or should I say they MUST do it for us.

Quote 0 0
Re:  the Rasmusen affidavit...

Wow!  It seems to me, the affiant is plainly telling us, they are incapable
of producing an accurate payment history,

I would love to get this guy's butt in the depositon chair.

5 years  have gone by and borrowers are still getting the BS
that Fairbanks has gone 5 years past the settlement and still cannot
produce an accurate payment history.

We all know it is the computer platform that they use that does not
allow for information that the borrower needs to have and should be available should a dispute arise.

Don't tell me the technology does not exist to give the borrower an
accurate payment history.

The reason it does not exist is because Fairbanks wants it that way.

If they see the problem and do not fix it,  it's time to sue them again.

They can't review the loans and  make corrections because the program
is written to block that dastardly allegation that improper fee assessments were made without factual justification.

There is no proof required at all to put the borrower into default.

I would use this guy's affidavit to screw them to wall.

What do they think they are doing using a Fairbanks analysis of the loan
history when as an officer of the company has declared under the penalty
of perjury that the late fees assessed cannot be guaranteed to be correct.
Same for the insurance.

How is it that I can look over my loan history that I created and can answer
any question about my loan in less than 5 minutes with the evidence available to enter the proof as an exhibit

I am not fond of being a bean counter but you have to do what is necessary
to defeat Fairbanks.

If you can get your case to the point of hearing testimony, you should
be the best source of correct information and not rely on Fairbanks to tell
the truth.  They are simply not capable of running a mortgage collection
business and that is the conclusion I draw from reading his statement.

If you prepare the snapshot of the loan, you'll see what I mean, they
can't win against your information.

There is nothing stopping you from filing another lawsuit against them the
effective date begins the day after the judge signed the order or an agreed date. I forget the actual date.


Quote 0 0
H Gosh
Right on Dee.  My question is this.... If Fairbanks cannot produce an accurate account history, how can the courts rely on their information in proceeding with a foreclosure?  Just submit Mr. Rasmussen's Affidavit and challenge their accounting.  If Fairbanks can't produce documentation as to whether the account was paid on time or not, or whether insurance is in effect or not, how can they accurately portray that the borrower is in default.  It is clearly stated in the Affidavit that Fairbanks would have to rely on the borrower's documentation to adequately reflect a true account history.  Produce the documentation - they cannot challenge it, by their own admission. 

I wish this affidavit had been made available to the thousands of victims who lost their homes because the courts believed the borrowers were sub-prime deadbeats, and that Fairbanks was an honest corporation and had no reason to lie!
Quote 0 0

I thought I was basically saying the same thing as you.

Straight to the point.

Object to their accounting record being submitted to the court as
evidence.  It should be stricken and no weight given to it whatsoever.

According to an officer of the company by his sworn affidavit, Fairbanks
cannot produce a record that rises to the level of evidence and therefore the court should reject it as evidence.

Attach Rasmussen's affidavit and request that it be admitted into evidence
by the borrower whether plaintiff or defendant

If the judges are starting to pay attention instead of rubber stamping these
cases, borrowers should know their loan better than anyone else.

That only makes sense.  I told Fairbanks I have one case to work on.
Mine.  How man do you have?  What was it?  750 K loans.  Who do you think
can win a paper fight? 

The FTC, HUD and Curry attorneys did not give Fairbanks borrowers justice.
They had the evidence to bury them.  I'm guessing they were concerned they would put them out of business if they gave the borrowers what they
deserved to receive.

If they had cinched Fairbanks until they were ready to choke the other
servicers would have been afraid to continue to the scam.  Hell, they didn't even blink as they continued to scam the borrowers.

I wonder if those attorneys representing we, the people of that suit,
ever give a second thought to the number of people that have had
their houses stolen from them.

I don't have a problem with those that defaulted going into foreclosure.
I do have a problem that these people are outright stealing borrowers  homes that never deserved the label, deadbeats that don't pay their bills.

I also have a problem with the originators that wrote loans to fleece the borrowers and then set them up for foreclosure.

These people have absolutely Earned the REGULATION that should be forthcoming.

They cannot be trusted to do business without committing fraud.


Quote 0 0
Write a reply...