`` ``

                              

 

Putting the pieces together.

 

 

 

 

 

 

 


                                             *** Click on the story headline to come back to this list. ***

Media letter writing suggestions.

  ‘They Won’t Accept Our Payment.’  (with legal supplement)

  ‘They Manipulated Us into a Little Corner and they Pounced on Us.’

  ‘This is like stealing the American dream from us.’

  ‘No record of payment that was cashed more than a month ago.’

  ‘It's like they're blackmailing you into paying this money.’

  ‘You feel like you have been violated.’

  'I Can't Believe They Treat People Like This.'

  "I've been told point blank by those people that they will own my home (so) I'd better start packing."

  ‘It could happen to anyone with a mortgage.’

  ‘Reward for paying mortgage for 10 years is the looming threat of foreclosure.’

  “We’re 3 weeks from being homeless!”

  “It breaks my heart to see this strong man broken.”

 

 

 


 

Media letter writing suggestions

 

Some guidelines from professionals.

 

 

Letters like the ones suggested in the forum are what the industry calls “consumer advocacy” stuff that comes from groups of people with either a cause to champion or an axe to grind.  (It is safe to say that this group has both.)

 

News departments receive thousands of such letters every month, particularly if they are in the prime media markets (large metro areas) and have what is known as “reach” into additional markets.

 

Generally speaking, a letter from a known organization (i.e., Consumer’s Union, Friends of the Earth, AARP, the Better Business Bureau, etc.) either gets read or thrown away depending on the interests of the management and to some degree, their journalists.  Some of that decision-making is based on what is going on in their area that minute, that hour, day or week and what national trends are driving the public’s appetite for information.

 

You know the feeling – when you hear or see something on the news and you just want to push the channel button on the remote so you won’t have to listen to it again.  If enough people do that, the news directors get the word pretty quick.

 

These people are busy – they do this for a living and are always under some kind of a deadline.  It is an extremely competitive business, particularly in terms of what is known as exclusivity.  If they’re the only news outlet on a story, and it can create viewer/reader interest, they are more likely to devote resources to it.

 

The trick is to realize you are dealing with a reading/viewing public with an extremely short attention span.  We listen or read in small batches of information.  Our interest has to be piqued before we pay attention.  That’s what headlines are for in print, and what those “…Thanks, Bob, and right after this, we’ll show you where you can get eternal life...” teaser messages are all about on news broadcasts.

 

Old news is of no interest and will not get any attention. It is actually annoying to keep getting messages from groups of people who keep trying to get more and more media exposure on something that has already “gotten out” and has passed out of the public’s short attention span.  The way things are today, they feed on the latest or they fall behind and won’t be around very long.

 

In terms of localized consumer “investigative reporting,” there are frequent opportunities to get local, even near-regional attention, but, the more outlets that have already covered the story, the less likely another one is going to copy their cohorts, especially if they’re in nearby markets.

 

So, first off – the Fairbanks’ problems with the FTC and HUD are no longer NEWS.  Until those investigations grind through the bureaucracies and formal statements are made to the rather specialized media players that cover such things, the average news outlet will wait until the wire services push the story to them.  When that happens, those who have had coverage of Fairbanks will get an alert via computer and they will probably jump all over it if it leads to some “dirt” on the company or its executives.  The most likely outlets to cover that angle on a local level are the ones that have already covered the story.  Rightly or wrongly, if the FTC and HUD announcements give the company a clean bill of health, it is unlikely the story will get much attention in the television media, at least. 

 

Someone’s personal situation with a company like Fairbanks isn’t really news, either. They are consumer-related STORIES with a human-interest angle and most outlets have one or more specialists that cover those kinds of situations.  In short, they like the gossipy kind of  “evil business takes advantage of the poor, helpless consumer” stories.  Those make for some pretty enticing pieces that might even get on the air or on the inside of a local newspaper.  The problem is, there have already been dozens of them and reporters use Google just like everyone else.

 

I can almost hear the question out-loud when someone reads the email or the fax: “Didn’t so-and-so over at such-and-such do a bit on this?”  And the answer from across the newsroom would be, “Yep.  A couple of times.  Wanna see the tape?”

 

Then comes the concept of a “large group of people” who have been harmed.  Here’s where that creates a problem for the journalist.  It’s called resources and where the bosses are willing to expend them in making their “product” interesting to the largest possible audience share.

 

Today, with resources like the Internet, there are more advocacy and issue groups than there are stars in the sky.  They all clamor for attention from the media. They claim huge memberships and to be a voice on behalf of many people.

 

Those that are really that big already have professional media representation and lobbying/PR firms that get the job done for them.  That’s how people seem to pop up on morning television shows with stories about this or that.  The PR firms dangle the opportunity to have a spokesperson come on and provide some interesting tidbit of important information that the public surely needs to know.

 

In a very small (statistically tiny, in fact), truly grass-roots effort such as the one being proposed here, the noise generated by a blitz will probably NOT have the desired results – UNLESS, (and here’s where you’re running out of time) you do one or more of the following:


Tie the issue to a public person with political sensibilities.  This person is probably an elected official or someone appointed by an elected official.  He or she is going to either be a champion for the cause (because they see an opportunity for themselves or are simply altruistic and see the evil for what it is) or they are going to be hung out to dry as the enemy if something comes out and they knew about it and didn’t “do the right thing.”

 

Senators Mikulski and Sarbanes got on board rapidly as champions when the cases broke out in Maryland.  I strongly suspect that their staff was contacted personally by one or more well-connected media people who told the staff, in advance, about the horror stories that were about to come out.  That gave the staff the time to gather information and brief the Senators (again, in advance) and we’ve seen the results. 

 

So far, it doesn’t look like anyone in the media has sought out and cornered a politician that could get burned if the FTC or HUD drops the ball on this one; at least we don’t know of one that has. 

 

SO – potential new messages to the media to get them interested again  (in your own, personalized style, of course):

 

“I have beat my brains out trying to get help from (pick your new political adversary – and remember they may not like it) but … he/she hasn’t …. (be truthful!)”

 

“It looks like the high-powered lobbyists have managed to derail the FTC on the Fairbanks investigation.  It’s been going on for months and not even (your congressman, senator) seems to be able to give me an answer on when these people are going to be stopped.”

 

“Congressman/Senator so-and-so just won’t believe me.  He/she would rather take the word of the predators in the lending business.  I’d love to know what kind of backing he gets from the mortgage industry.”

 

“I was hoping the news out of Salt Lake City about all the management changes was good, but it looks like nothing has changed and the investigations are going nowhere.  Even (so and so)’s office doesn’t know anything.”

 

      And some NEW angles – take ideas and again, put them in your own words:

 

“With all the noise about record numbers of foreclosures and bankruptcies, why isn’t anyone looking into companies and attorneys that make a living off them?”

 

“Why aren’t the bankruptcy courts asking questions of some of these lenders?”


“The get-rich-quick ‘cash-flow’ real estate seminars are teaching people how to help companies like Fairbanks profit when they steal people’s homes.  Foreclosure used to be expensive for lenders, now they’ve got help and there are scams everywhere.”

 

“Credit data isn’t secure anymore.  All you have to do is claim that you have an interest in buying distressed properties and you’re able to find out how much trouble the homeowner is in.”

 

“They’re locking us into a loan.  We can’t refinance, and interest rates are going to go up.  That’s what they’ve been holding out for.  They got away with it long enough to protect those high interest-rate loans from being refinanced.”

 

In summary – make it new!  Make it brief – tie something to it that the reporter doesn’t have to search forever to find another contact, as in a politician.

 

 

 

 

Homeowner: They Won't Accept Our Payment

 

POSTED: 5:53 p.m. PDT May 9, 2003

UPDATED: 6:04 p.m. PDT May 9, 2003

SACRAMENTO, Calif. -- A Northern California couple says it dealing with a nightmare -- a paperwork problem that could cost them their home. Now, they're learning they are not alone.

It started with a letter from Sandy and Phillip Broussard's lender, saying their mortgage had been transferred to another company. In this case, the company is called Fairbanks Capital.

 

"They told me I was behind three months. I go 'How could I be behind three months? I just got you this month,'" homeowner Sandy Broussard said.

The mortgage was transferred in March. And by March 11, the company was already assessing late fees for allegedly missing payments in January.

"I told them I want to send in a payment, and they said 'We're not going to accept a payment unless you pay four months behind. But now you have lawyers fees too,'" Sandy Broussard said.

 

The Broussards say that Fairbanks also said they would have to buy hazard insurance, even though their home is fully insured. Then, a man wrote the Broussards, offering to buy their house because a notice of default had been filed, according to the family.

"They're fully intended to sell this house. They won't accept our payment. We have the money. We want to pay, but they just put us off, put us off," Philip Broussard said.

 

And it turns out that the Broussards are not alone. Customers across the country are complaining that payments aren't being credited to their accounts, unexplained fees are showing up, and they're accumulating huge costs trying to save their homes.

Now, many of Fairbanks Capital's customers are teaming up in Northern California. A class-action lawsuit that has been filed in Contra Costa County accuses the company of operating a "deliberate unlawful scheme" to cheat homeowners out of millions in "illegal fees and charges."

The lawsuit names Fairbanks Capital -- based in Utah -- and Walnut Creek-based P.M.I. Mortgage Insurance Corp. It owns 57 percent of Fairbanks Capital.

 

A spokesperson for P.M.I. said that the corporation is only an investor in Fairbanks Capital and has no control over day-to-day operations. But P.M.I.'s president became Fairbanks' chairman of the board on Thursday. The spokesperson said that is an effort to exercise more control over the company to make it more customer friendly.

 

For complaints, you can contact the Fairbanks Capital vice president of Customer Advocacy, Kristen Varnedo, at (904) 722-7557.

Copyright 2003 by TheKCRAChannel.  All rights reserved.  This material may not be published, broadcast, rewritten or redistributed.

 

Supplement:  Every state has what is called the U.C.C. (Uniform Commercial Code).  Although the citation may differ from each state, the             

                           meaning is the same.  The following is for the state of California.  Consult an attorney for more information.

 

3603.  (a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the  

                     effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

 

           (b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and 

                     the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or

                     accommodation party having a right of recourse with respect to the obligation to which the tender relates.

 

          (c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the

                    obligation of the obligor to pay interest after the due date on the amount tendered is discharged.  If presentment is

                    required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of

                    payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the

                    person entitled to enforce the instrument.

 

Source: http://www.law.cornell.edu/uniform/ucc.html

 

 

 

 'They Manipulated Us Into A Little Corner And They Pounced On Us'

By Liz Rocca
May 16, 2003
 

MOUNTLAKE TERRACE - Some local homeowners tell us they're trapped in a mortgage nightmare. They make payments -- only to be threatened with foreclosure.

"This is an awful thing," said Charleen Carr-Dickson.

After 30 years, Carr-Dickson was shocked when her mortgage company moved to foreclose.

"It's like a loss of, well, your hopes and dreams," she said.

Charleen had fallen behind in her payments. She thought she'd worked a deal with her mortgage servicer -- Fairbanks Capital -- to catch up.

Instead, Charleen says Fairbanks started piling on undisclosed fees: $100 for an appraisal, $500 for attorney fees, and $98.04 for a payment shortage advance.

Even though she was now paying on time, she was really falling further behind.

"They manipulated us into a little corner and they pounced on us," she said.

James Riche says there's also the problem of them not posting payments when you send it through the regular mail.

Riche made every payment -- the paperwork proved it. But Riche says Fairbanks Capital insisted he was missing a payment and quickly threatened to foreclose.

"I mean, this is horrible stuff," he said.

The state Attorney General is investigating 42 complaints. They say Fairbanks fails to credit mortgage payments, imposes unfair fees, and sometimes fails to pay property taxes and insurance for customers.

Fairbanks Capital is not a lender, but is hired to collect and apply payments.

The company has not returned our calls.

But we've learned the office of Housing and Urban Development and Federal Trade Commission are investigating.

Charleen has had to file for bankruptcy, to save her home.

"My husband and I are in our 50's, we certainly didn't expect to end up like this," she said.

Fairbanks Capital is the third-largest mortgage service company in the nation. In the past, it has promised to cooperate with the federal investigation. Now, homeowners in California have filed a class-action lawsuit.

 

 

 

 This is like stealing the American dream from us.

 We're talking about Fairbanks Capital, a mortgage servicer that is now facing a federal investigation.  Thousands of homeowners nationwide claim the company has cheated them out of money, and their homes.  One of those homeowners called for action.

Carol McIntyre, Consumer 

"Everyone wants a home, it's the American dream and it looks like it's not going to work for us."

 Carol and John McIntyre's dream of living in Rehoboth, in their pretty little Cape, may be crashing in on them

Carol

"I can't believe it got to this..."

Fairbanks handles mortgages for people with less than-perfect credit, but lately it's come under fire and accused of excessive over-charging and foreclosing on homes when the homeowners have proof of payments.

Carol

"I ended up having to claim bankruptcy.. "

The McIntyre's admit that they did miss a few mortgage payments, but instead of working with the couple, they claim Fairbanks turned their backs and sent their lawyers after them with even more fees.

Carol

"75 dollars here, 50 dollars there, just for the pay off fee.10 dollars for a fax.."

 Even when the McIntyre's sent in their mortgage payments by Western Union, they said Fairbanks would claim they never received the money even though they  (homeowners) have proof.  On top of that, Fairbanks charged the McIntyre's hundreds of dollars for home owners insurance, even though their insurance company repeatedly contacted Fairbanks by fax telling them they were already insured.

Christopher Lefebvre, Consumer Attorney

"It's really outrageous..."

Consumer Attorney Christopher Lefebvre has received a number of calls against Fairbanks Capital..he says what's happening to the McIntyre's is typical.

Christopher

"They're unsympathetic about unemployment or change of circumstances, and they would much rather take someone's home rather than work with them to save their home."

  Now, just days away from losing their home, this couple is fighting back by hanging flyers up around town warning other consumers about Fairbanks.

Carol

"This is like stealing the American dream from us."

Call for action has contacted Fairbanks Capital.  We were told that the company is currently undergoing a complete overhaul of procedures, as well as a review of all managers who may have contributed to the problems at Fairbanks Capital.  If you are a customer with Fairbanks and are experiencing problems, Call for Action wants to hear from you.  Contact us at www.eyewitnessnewstv.com and click on Call for Action.

 

 

 

‘No record of payment that was cashed more than a month ago.’

Another Homeowner Threatened With Foreclosure

WBAL-TV 11 NEWS I-Team Investigation Continues

POSTED: 6:05 p.m. EDT April 24, 2003

UPDATED: 8:20 p.m. EDT April 24, 2003

BALTIMORE -- Despite intense scrutiny by federal and state regulators, the borrowers' complaints continue to mount against a Utah-based mortgage servicing company at the center of an 11 NEWS I-Team investigation.

WBAL-TV 11 NEWS I-Team lead investigative reporter Jayne Miller reported that Fairbanks Capital said it's reviewing its practices, and over the past two weeks, the company has promised some relief to Maryland borrowers who've filed complaints.

But in just a few short weeks, a Carroll County homeowner's experience with Fairbanks Capital underlines the problems that have now drawn the attention of federal investigators and regulators.

 

"I'm following up on my previous eight or nine phone calls," homeowner Greg Tignor, (pictured, right), said.

Tignor made yet another attempt on the phone to track down a mortgage payment. On the other end of the line was a representative of Fairbanks Capital. The company started servicing Tignor's loan just seven weeks ago and he's already being threatened with foreclosure -- and getting nowhere trying to resolve his problem.

The trouble started when Tignor sent his March payment to a post office box in Phoenix. He was instructed to use that address by the previous servicer of his loan when his loan was transferred to Fairbanks.

"I sent my March payment to Fairbanks Capital in Phoenix, Arizona. I sent it on March 5," Tignor said.

The check was cashed on March 17, and at about the same time, Tignor said, he received a letter from Fairbanks Capital instructing him to send his March payment to a different address in Louisville, Ky. Tignor called Fairbanks only to learn his March payment was now missing.

"The customer service individual on the line basically said 'Don't worry about it, there's always a delay with a new servicer,'" Tignor said.

But plenty of reason to worry came at the beginning of April when a demand letter arrived, telling Tignor he was now in default on his loan. The letter also threatened foreclosure if he didn't pay $7,374.29 -- that's two monthly payments plus an unexplained $9.85, Miller reported.

 

"It was a little bit scary, surprising," Tignor said. "[It] made me a little bit mad.  Your credit is very important to you, it's one thing you try to build and keep it up to date and they're saying in this letter it could affect my credit, I could lose my house. So it's a little bit scary."

To prove he made his March payment, Tignor said he sent Fairbanks a copy of the check twice by fax and once by overnight mail which was confirmed as being delivered. But as of Monday, Fairbanks showed no record of any of that correspondence, Miller reported.

And there was no record of the payment that was cashed more than a month ago, according to Tignor.

"I don't want to be bullied [or] threatened. I just want to be treated fairly and that's not what's happened here," Tignor said.

Adding to Tignor's frustration is another letter that he received last weekend in which Fairbanks claimed he has no homeowner's insurance. But Tignor's insurance statement shows his policy is current and up to date. A spokesperson for Fairbanks said the company would not comment on an individual borrower's account.

 

 

 

 

 

‘It's like they're blackmailing you into paying this money.’

 

UPDATED: 5:46 p.m. EDT July 16, 2003

CENTRAL FLORIDA -- A couple could lose their home in Melbourne saying, "I never, ever thought anybody could do anything like that."

 

And in Cocoa Beach, a family worries their good credit has been ruined, to which they respond, "I'm angry, I'm furious".  And in Groveland, a woman must pay hundreds of dollars in loan fees she doesn't really owe, causing her to reach her "wits ends."

 

 

Their common villain, Fairbanks Capital, a mortgage company they didn't chose that later bought their loan to service it, is now giving them nightmares.

 

Todd Ulrich's Action 9 investigations led him to Cocoa Beach where Joan McCarthy keeps the books for her son James.  When asked by Action 9, "Was there ever a late payment?" The answer was, "No."

 

Joan can show you every cancelled check proving the mortgage was paid on time.  Yet every month for a year, Fairbanks charged a late fee and warned foreclosure is next.

 

The facts, as the McCarthy's know them, is that, "Every payment has been on time, and there has never been one every past the 10-day limit."

 

Joan McCarthy advises, "I did everything they asked me to do, and that wasn't good enough."

 

Action 9 also investigated the Saltalamacchia family, who missed a couple payments after a family problem.

 

As soon as they caught up, they sent the exact amount Fairbanks requested and suddenly they were swamped with extra fees, even billed for insurance coverage they already had.  If they didn't pay, the notice warned, the company would take your house.

Cecile Saltalamacchia comments: "It's like they're blackmailing you into paying this money or else we're going to take your home."

 

Fairbanks Capital services more than 550,000 loans valued at more than $46 million and it is the nations largest "special servicer."

 

Hundreds of consumers in Florida have the same problems with Fairbanks.  If you check the consumer complaint websites, you'll note there are thousands across the country.

 

Many borrowers claim it's mortgage fraud. Unless they pay phony fees, they lose their house and their good credit.

 

Fairbanks, based in Salt Lake City, is already under two federal investigations.

 

Action 9's Todd Ulrich caught up with Florida Attorney General Charlie Crist who had this to say: "We've received 200 consumer complaints about Fairbanks Capital, 156 of those came on our fraud hotline, and we are going to respond to it."

 

At the same time the McCarthy's and others have learned there are few Florida regulations to control companies that service mortgage loans. There's very little help state agencies can offer when you're trapped paying servicing fees you don't really owe.

 

Joan McCarthy sums it up best by saying: "The worst part is, we don't get a response or find anybody to answer our questions or help in any way."

Copyright 2003 by WFTV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

 

 

 


TEXAS ATTORNEY GENERAL INVESTIGATES WASHINGTON MUTUAL

 

The Texas Attorney Generals office is now investigating Washington Mutual after an exclusive News Station Investigation. Hundreds of customers of the mortgage giant complain they are getting socked with unnecessary fees and threats of foreclosure. Washington Mutual has more than 6 million customers across the country. As the company has rapidly grown, so has its list of unhappy customers. "You feel like you have been violated," says Pam Kent. "You lose sleep over it, wondering if you are going to get a letter setting a date when you have to get out." Kent and her husband say they have been paying their mortgage payments to Washington Mutual, but the lender sent a letter stating they were missing payments. The Kents say they faxed the canceled checks four times to Washington Mutual, but still received two foreclosure letters. They started to panic when an inspector showed up to survey their property. "Do we have to find a lawyer to fix this? That is just a lot of money we don't have for something that shouldn't be an issue," says Kent. The Kents are not alone. After our February story aired, hundreds of angry Washington Mutual customers contacted FOX 4 News.

"Every month it is a new charge, every month a new charge," says Paula Godwin. Godwin says Washington Mutual was charging her for insurance even though she pays it separately. "It is always 5-7 business days and then you get the mail and it is a new charge," Godwin complains. Godwin and her husband now record all their conversations with customer service. Attorney Jack Peacock of Gagnon and Peacock now has more than 20 Washington Mutual clients in Dallas. Peacock says he believes these cases involve negligence and a breach of contract. "Every homeowner, when they buy a home, signs a deed of trust. Those are contractual agreements. If you are making your payments timely, you are afforded the peaceful possession of your home."

A former Washington Mutual employee sat down with FOX 4 News to tell us what is going on behind closed doors. The employee did not want her face shown because she still works in the mortgage industry. "It's a sweatshop. They work these people atrocious hours, Saturdays, Sundays, all hours of the night. You have incompetence, people angry, who don't care about customer service and it is going to keep escalating." the former worker told FOX 4 News.

When FOX 4 News first started reporting on Washington Mutual, the Texas attorney general's office reported no complaints. But we went back to the state after complaints poured into KDFW. Now, the attorney general's office is reporting 120 complaints filed.

Washington Mutual would not respond to our story on camera. Instead we got a written statement from Tony Meola, EVP, Service Delivery, Washington Mutual Home Loans: "We are deeply concerned any time a customer has a less than positive experience with our company and work hard to quickly resolve any issue that is called to our attention. During the last 18 months, home mortgage rates have dropped to a 40-year low, causing a tidal wave of purchases and refinancing across the nation. This, coupled with increased levels of customer requests for special assistance during these tough economic times, has put a strain on all mortgage lenders and their ability to keep pace with customer demand while maintaining service levels. To help meet this challenge, we regularly evaluate the size and capacity of our customer service department to ensure that it is operating at optimum levels. We have expanded our service hours and enhanced our accessibility via the internet. In addition, we have been introducing new technology that helps streamline our processes and is improving our customer service levels. We continually strive to meet or exceed the expectations of our more than 6 million customers. However, we recognize that on occasion we have fallen short of this goal, and for this we sincerely, apologize." Washington Mutual has set up a special customer service line to help expedite requests: 888.400.3682.

If you have a complaint against Washington Mutual, you should direct those complaints to the Texas attorney general at 512 463-2100 or www.oag.state.tx.us.

The federal Office of Thrift Supervision regulates the banking industry. Complaints can be filed by contacting the office at www.ots.treas.gov.

The Dallas and Tarrant County Bar Associations can refer you to a lawyer if you need to find someone who handles real estate law in your area.

State Representative Burt Solomons of Carrollton is also proposing an interim study of Washington Mutual.  He can be contacted at 512.463.0478.  His mailing address in Austin is PO Box 2910, Austin, Texas 78768-2910.  His Carrollton address is 1029 Rosemeade Pkwy.  Suite 108, Carrollton, TX 75007.  Phone: 972.394.3904.  Solomons is the Chairman of the House Financial Institutions Committee.

If you have had a problem with Washington Mutual, you can e-mail Becky Oliver or call her at 214.720.3255.

 

 

 

  SmartMoney Magazine
'I Can't Believe They Treat People Like This.'

Washington Mutual, the nation's no. 1 mortgage lender, calls itself a customer-friendly bank.  Many customers beg to differ.

By Anne Kadet
October 17, 2002

TIM AND PENNY COOK HAD settled in for a quiet Friday evening in their Seattle condo with their two-month-old son. "We were new parents, and we were just looking forward to getting some sleep," Tim says of that March night.

Fat chance. Just before dinner they heard a knock at the door. Penny answered, but there was no one there. Strange. Then she spotted a notice tacked to the door. It was from a foreclosure company hired by their mortgage lender, Washington Mutual. Penny snatched it and rushed inside. "It's a notice of default!" she blurted to Tim. "They want to foreclose on our house!"

Tim, a network engineer at Microsoft, was shocked. How could this be? They had never missed a payment. They even had proof: canceled checks showing that Washington Mutual had received and cashed each of their payments before it was due. Still more frustrating, Tim had already faxed those canceled checks to WaMu after late fees had started popping up on the couple's statements. What was going on?

Penny could only imagine the worst. "I was beside myself all weekend," she recalls. "I thought, 'We're going to be kicked out on the street with our little baby.' It was devastating."

The Cooks contacted the bank's foreclosure department, which, in turn, asked the couple to re-fax the seven canceled checks and wait 20 days for it to look into the problem. "Six weeks later," recalls Tim, "they suddenly said they only had three of the checks we faxed, but we were 'welcome' to provide the rest of the documentation."

The Cooks were running out of time. By then it was May, and a notice in a local publication announced that their home was to be auctioned off July 19. Just as frightening, their credit rating was getting hammered. Bank of America froze their home equity line of credit. American Express slashed their charge card limit in half. And with their credit in tatters, the Cooks had to put off plans to buy a car and refinance their mortgage. "We were getting all kinds of solicitations from people who deal with bankruptcy and foreclosures," adds Penny. "It was embarrassing."


One frustrated customer even refinanced his mortgage just to get away from WaMU.


 

 

Finally, the Cooks' lawyer, David Leen, petitioned the Washington Superior Court to step in. He also called the local press. "The story in the paper got WaMu's attention right away," Tim notes dryly. "They suddenly found evidence of our payments and stopped the foreclosure process." (In court documents, Washington Mutual claims the Cooks' bank sent their automatic payments to the wrong Washington Mutual location.)

"It was shocking and insulting how they treated us," says Tim, who with Penny is suing the bank for damaging their credit historyÑa claim the bank denies. "Isn't one of their slogans The Friend of the Family? That's kind of a tragic joke, isn't it?"

Actually, it has been a long time since Washington Mutual, the nation's largest residential mortgage lender and the seventh-biggest bank, used that motto. But its current marketing campaign hits the same note, as billboards in subway stations and on the street boast of Customer Service That Remembers It Serves Customers and More Human Interest.

With its popular free checking accounts, low mortgage rates and cheery, khaki-clad tellers (WaMu fans can even purchase Action Teller dolls at the branches), the Seattle-based bank lived up to its own customer-friendly billing for years. Then came the binge. Nineteen months ago Washington Mutual went on a massive buying spree, absorbing two big banks and the mortgage arms of three others. In that time its loan-servicing portfolio has quadrupled, to $744 billion. If you have a mortgage, there's now a one-in-eight chance you send your payments to WaMu.

  Sidestepping the Snafus

You just found out your mortgage is being bought by Washington Mutual or some other large lender. Next stop: Glitch City? Here are some things you can do to make the transfer smoother.

·  Stick with paper checks until the dust settles. As it's integrating accounts, your new bank is more likely to bungle electronic payments.

·  If you mistakenly send your payment to the old mortgage servicer, relax. You have a 60-day grace period from when your loan was transferred. During that time, you can't be charged a late fee or be reported to a credit bureau.

·  If your new mortgage servicer screws up your account, grit your teeth and pay what it demands until you can get things sorted out. If you pay less, the lender will likely return your entire check and ding you with late fees, or even start foreclosure proceedings.

·  You'll get faster action on a complaint if you label your letter "Qualified written request under Section 6 of the Real Estate Settlement Procedures Act." The mortgage servicer then has 60 business days to fix the problem or explain why not. Not satisfied with the response? Write to the Department of Housing and Urban Development's RESPA Complaint Office at 451 Seventh St. S.W., Room 9146, Washington, DC 20410.

But some customers who woke to find their loans gobbled by Washington Mutual aren't exactly thrilled with their new customer-friendly bank. They say their mortgage payments have been lost and their escrow accounts bungled. The bank itself admits to paying property taxes late on more than 55,000 loans last year. And trying to get such issues resolved can be a nightmarish venture into the Twilight Zone, these customers say. The bank's software hiccups and, suddenly, you're on Planet WaMu, a strange land where records disappear, calls go unreturned, fax numbers change, and the truth takes on Orwellian mutability.

Just ask Michele Bonser. When her Fleet mortgage was bought by Washington Mutual in April 2001, the bank sent her a letter demanding that she pay more into her escrow account every month for homeowner's insurance. The problem? Bonser was already covered through State Farm. And while the insurance agency faxed proof of her policy to WaMu more than 10 times, the bank kept demanding late fees. "We started getting calls from their collections department," says Bonser, of Wind Gap, Pa. It wasn't until this July, after she complained to the Better Business Bureau, that the bank got things squared away.

Though Washington Mutual won't comment on specific complaints, it says such problems are largely a thing of the past. "During any kind of acquisition, there will be glitches," says Gail Shelly, the bank's senior vice president for quality service management. But for "the huge number of loans we service, those glitches weren't that widespread." In fact, she characterizes the customer service throughout the integration as "very good."

Tell that to the frustrated customers whose horror stories litter such Web sites as Complaints.com and eBusinessRate.com. At ratings site PlanetFeedback.com, consumers give WaMu a D-plus, the second-lowest grade awarded to a bank. Meanwhile, a J.D. Power survey found that only one mortgage lender fared worse than WaMu in customer satisfaction: HomeSide Lending, which Washington Mutual is in the process of buying. "WaMu is the only lender that continually has customer-service issues," says Nancy Deane, a home loan broker in Denver. "The bank has grown so fast that customer service can't keep up."

Lawsuits, too, are cropping up, including two awaiting class-action certification in California and Washington. "My firm was involved in the Firestone-Ford litigation, and that was the biggest consumer fraud case in the last decade," says Jenelle Welling, a San Francisco attorney handling one of the suits. "But even in that case, I didn't get nearly as many phone calls as I get with WaMu. It has really struck a chord. People are pissed."

AS MARKETING MANAGER AT Fidelity Contract Services, a Puyallup, Wash., firm that serves as a go-between for home owners and their mortgage companies, Bryan Nuxoll is in a unique position to see what's happening at Washington Mutual. It's his job to make sure clients' payments get to their lenders. Last fall, following the bank's purchase of Houston-based Bank United, Pittsburgh-based PNC Mortgage and Fleet's Columbia, S.C.-based mortgage unit, things seemed to go haywire.

It began with a rash of mortgage payments to WaMu that were lost, or returned without explanation. In some cases the bank couldn't even tell Nuxoll where he was supposed to mail the checks. "It was complete chaos," he says. "My customers were calling me on the phone literally crying. They were older individuals, scared to death. WaMu was telling them they were in default and in danger of getting their homes repossessed."

He estimates he spent the equivalent of a month of eight-hour days trying to get the payments to the right places. "I have a four-inch file of correspondence from WaMu's quality services department. We've been in business 18 years and work with mortgage companies across the U.S. I've never seen a fiasco like this."

Washington Mutual has since networked all its mortgage service centers so that a payment received at one center will be recorded at all others. But while Nuxoll has noticed that the upgrade has cut down on errors, some of his customers are still wrangling to get black marks deleted from their credit history, and others are still being hit with late fees due to glitches.

WaMu's record-keeping bungles haven't been limited to loan payments, as Kathleen Harrington discovered. The Evergreen, Colo., woman got a nasty surprise last fall when she and her husband decided to refinance their mortgage. "There's a problem," her broker told her. "Your taxes haven't been paid." Washington Mutual was supposed to cover their taxes twice a year out of escrow, but her county tax office was missing two payments. An alarmed Harrington called the office. "Your house is scheduled for foreclosure auction Nov. 2," the clerk informed her.

Harrington paid the $1,100 bill out of her own wallet. But getting WaMu to pay her back was another story. "I wrote them three regular letters, faxed them and wrote them by certified mail," she says. She never got a response. And each time she called to follow up, "the person had no idea what I was talking about. They said, 'No, it shows here that we paid your taxes.'"

Finally, this summer, after filing a complaint with the federal Office of Thrift Supervision, Harrington got her money back. "I don't know if I've ever had a situation where I felt so totally helpless," she says. "I can't believe they treat people like this."

Such snafus have also created headaches for municipalities such as Bridgewater Township, N.J., one of many caught in the backwash of the bank's acquisitions. "We were sending out hundreds of delinquency notices and were inundated with calls from residents trying to explain why their payments were late. They were definitely upset, and it created an enormous amount of work for us," says Darrow Murdock, the town's tax collector. "I've never seen anything like it."

Many customers say their biggest frustration with WaMu is not so much the occasional glitch, but the torturous process of trying to get mistakes corrected. Time and time again, errors seem to blossom into marathon customer-service struggles. Take the story of Philadelphia engineer Robert Polsky. Last year, Fleet let him drop his private mortgage insurance just before it sold his loan to PNC, which then sold it to WaMu. It wasn't until WaMu started charging Polsky late fees that he discovered the new lender had mistakenly reinstated the insurance requirement and was pulling $80 a month from his account to fund it.

Polsky faxed proof of the removal to WaMu more than six times over the course of nine months. Each time, customer-service reps told him things were straightened out, then he'd get hit with another late fee. "I was being directed to call and fax service centers in six different states," says Polsky. "It was a big circle with everyone promising to fix everything." Finally, this January, he refinanced his mortgage just to get away from WaMu. "It was a horrid, nightmarish experience."

MANY OF THE FOUL-UPS can be blamed on WaMu's struggles to integrate the software of the banks it bought. But four former managers at WaMu branches, many of which double as loan centers, have an additional explanation: The bank's policies can actually discourage good service.

Managers get a monthly incentive bonus based on their branch's performance. One of those measures: net income divided by the number of employees. "The motive is to keep the branch profitable, but the reality is that staffing is the biggest expense," says one former manager who left WaMu for a community bank. "The easiest way to pad your paycheck, then, is to reduce staffing, and a lot of managers do it. At my branch, the officers and account managers were inundated with customer-service issues on a daily basis. They intended well, but couldn't keep up." Responds Bill Ehrlich, the bank's executive vice president of corporate relations: "We've placed a lot of control into the hands of our managers to decide what will best serve their particular market."

Another former branch manager says her staff got little help from Washington Mutual in resolving complaints and dealing with systemic computer errors. "With [previous banks I worked for], we'd call for support and get the correct answer right away. With WaMu, you'd call support and get several different people who all gave different answers," she says. "Customer service was supposed to be the No. 1 priority. They used to advertise that on TV. We'd watch those commercials and say, 'Yeah, right!'"

Washington Mutual executives point out that the bank revamped its customer-service practices this year. Its six mortgage call centers are now open 24 hours a day, seven days a week. Reps have been retrained to record details of each call, and every consumer is now given a time frame (from 24 hours to 30 days) for his problem to be resolved. For the month of August, the banks says, 96 percent of concerns were handled by the promised deadline.

Reps also now have access to data maintained by other departments, such as tax and collections. And the bank has hired a second processing vendor to ensure that loan holders' property taxes are paid on time.

But even if Washington Mutual is making progress, there's no telling what could happen next. The bank has yet to transfer to its own system the mortgages from its January acquisition of New York City-based Dime Bancorp. And its planned purchase of Jacksonville, Fla.-based HomeSide, announced in August, adds 1.4 million loans. The bank isn't through with its growth spurt, either: It recently announced plans to expand in Denver and Atlanta and intends to beef up in New York, too. Also, the HomeSide buy raises the specter of yet another software conversion, as executives plan to transfer the entire WaMu portfolio to HomeSide's system. "That is something that can be done over a long period of time," says Ehrlich. "We can control it."

That's little comfort to the Cooks and other consumers still dealing with the fallout from past rounds of acquisitions. "They made their business decisions based on things that had nothing to do with customer service," says Penny Cook. "They knew the customer would suffer and went ahead anyway. To me, that's not customer-oriented at all."

 

 

 

 

 

 WSBTV.com

Lender's Practices Draw Scrutiny

Customers Complain That Firm Forced Them Into Bankruptcy

Jim Strickland, Consumer Investigator

POSTED: 3:58 PM EST January 9, 2004
UPDATED: 5:08 PM EST January 9, 2004

ATLANTA -- A mortgage company that has over 19,000 Georgia clients could pay dearly for imposing extra fees on customers, neglecting to credit payments made by borrowers and improperly threatening foreclosure.

As part of a settlement with the federal government, Fairbanks Capital could be subject to a multimillion dollar settlement to appease claims filed by customers. And the company has agreed to restructure its procedures to prevent future complaints.

 

Meet the Abernathys

Jessie Abernathy and her daughter, Patricia, did not have a choice of who would service their mortgage. The family received a letter last year saying Fairbanks Capital would now service their home loan. The family regrets the move.

 

"I would advise anyone to have nothing to do with Fairbanks Capital," said the elder Abernathy woman.

The Abernathy women said when they tried to make payments by phone the company said its computers were not set up to take their first payment.

 

Despite assurances that she would not be penalized, records indicate that Fairbanks has treated each payment since as being a month late. The company also created an unauthorized escrow deficit. The Abernathy family did not have an escrow account.

 

"They paid the taxes when we (were) paying our own taxes," Jessie Abernathy said.

The Abernathy's latest statement said their principal is less than $103,000 but a threatening letter from a Fairbanks lawyer claims she owes $5,000 more.

 

"I don't know whether I'm gonna get to keep my house or not," said the younger Abernathy. "I'm having to go through bankruptcy on account of them."

 

Marie Boyett went down the bankruptcy route, too.

 

"I've been told point blank by those people that they will own my home (so) I'd better start packing," she said. "That's very scary."

 

Boyett said she sent a $1,300 check last January. The mortgage company's own bank documented that the company received the money on Jan. 29. However, a check of Boyett's loan report shows no activity between late January and mid April. The $1,300 is missing.

 

"They still refuse to admit that they have it," Boyett said.

 

Channel 2 Action News shared records it obtained to Andrea Foster, the U.S. government's top regional consumer watchdog.

 

"This is actually an example of one of the kinds of complaints that were received and we received hundreds of complaints," said Foster, regional director for the Federal Trade Commission.

She said a federal judge is considering a proposed settlement, which could require the company to pay out up to $40 million to customers.

 

"This payment puts them on notice that they've done something wrong and they have to pay to correct the mistake that they've done," Foster said.

 

The company has also agreed to overhaul its procedures and change its corporate culture. Also, 17 of 25 of the company's executives have been replaced during a corporate shake-up.

 

Spokeswoman Haidee Schwartz said the number of complaints the company has received has dropped.

"Consumer disputes received by Fairbanks are down month over month by nearly 70 percent from their high earlier in the year, and the number of disputes outstanding month-over-month has decreased nearly 80 percent," she said in a written statement. "This is a dramatic decrease and demonstrates that the changes the company has made are working."

 

For Patricia Abernathy and Marie Boyett, the settlement has come too late. Their bankruptcies are now a matter of record and their credit has been so badly damaged they said they cannot refinance to escape the company's influence.

 

"Fairbanks Capital gave us such a bad credit reference we can't get nothing," said Jessie Abernathy.

"They've destroyed our lives," Boyett said. "They've made the last three years just a wreck."

 

As part of the FTC settlement, Fairbanks is supposed to halt many of its foreclosure proceedings against a homeowner who has complaints until the company can fully investigate whether the complaints are warranted.

Copyright 2004 by . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

 

 

 

 

Couple Has To Fight Mortgage Company

POSTED: 6:46 p.m. EDT May 5, 2003

LANCASTER, Pa. -- Despite records that they are making on-time payments, a Susquehanna Valley couple is being threatened with foreclosure by the company that owns their mortgage.

 

Bill and Wilma Le Mon are drowning in paperwork, paperwork they keep to prove they pay their mortgage on time, News 8 reported.

"They're alleging that we're not sending the checks, that they are not receiving the checks," William Le Mon said.

"They" are Fairbanks Capital, which stays in touch with the Le Mon's.

 

"Every four, six, eight months we get another letter saying we're missing two payments. 'We want X amount of dollars within 10 days or we're starting foreclosure on you,'" Le Mon said.

 

To prove they're making their payments, the Le Mon's take a personal check, turn it into a cashier's check, then send it certified mail to prove it was received by Fairbanks, but they still end up with a letter threatening foreclosure.

 

Le Mons said even when Fairbanks has the check, it doesn't cash it right away, then the company charges late fees.

"Sometimes they'll go and post it five days later which takes it out of the 10 day grace period," Le Mons said.

 

Linda Smothers of Baltimore recently received a letter from the county threatening to sell her house for nonpayment of taxes.

"I expected that was taken care of or already paid," Smothers said.

It should have been taken care of by Fairbanks, which has more than $1,200 in Smothers' escrow account.

Raquel Smith was already threatened with a tax sale in Howard County, Md. Fairbanks shows more than $3,000 in her escrow account.

 

The scary thing about these situations is that they could happen to anyone with a mortgage. Fairbanks is a secondary lender, which actually buys mortgages from loan originators and there's little consumers can do stop the sale of their mortgage to a company like Fairbanks, but now Fairbanks is starting to feel the heat.

 

Last week, two of the world's largest financial ratings services downgraded the Salt Lake City-based company to "below average" and "negative."

In addition, Housing and Urban Development, the Federal Trade Commission and mortgage lenders Fannie Mae and Freddie Mac are also investigating Fairbanks business practices.

 

As for the Le Mons, 8 On Your Side put them in touch with the Pennsylvania Banking Department, where they've filed a complaint.

A class-action lawsuit has been filed against Fairbanks in Los Angeles. Also, the state of West Virginia has stopped all foreclosure proceedings started by Fairbanks. Copyright 2003 by TheWGALChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

 

 


 

   ‘Reward for paying mortgage for 10 years is the looming threat of foreclosure.’

 

Mortgage firm draws complaints

10/27/03

Olivera Perkins
Plain Dealer Reporter


Catherine Haynesworth said her reward for paying the mortgage on her Maple Heights home of 10 years is the looming threat of foreclosure.

She said it began in July 2001 when Fairbanks Capital Corp., which began servicing Haynesworth's loan about a year earlier, returned her payment. The company said it would not accept the check because she was behind on payments, so now her house was headed for foreclosure. Haynesworth said the company didn't even accept canceled checks and Western Union receipts as proof. She said Fairbanks says she owes $23,000 in late fees and back payments, court costs and other charges.

"I told them that was impossible because my account was up to date," she said. "I tried reasoning with them, but nothing worked."

A Fairbanks spokesman, who did not want to be identified, said the company does not comment on the individual cases of borrowers.

Haynesworth's complaints about Fairbanks are not isolated. The Federal Trade Commission and the inspector general's office of the U.S. Department of Housing and Urban Development are investigating Fairbanks.

Both agencies declined to comment.

Fairbanks' parent company, PMI Group Inc., said in its third-quarter report last week that the company reached a proposed settlement earlier this month - which HUD and the FTC must approve - of potential civil charges by both agencies. The report said the proposed terms "require changes in Fairbanks' operations and the creation of a $40 million fund for the benefit of consumers allegedly harmed by Fairbanks."

In Greater Cleveland, the East Side Organizing Project, or ESOP, is working with Fairbanks to review customer complaints referred by the nonprofit group. Since July, Fairbanks has reviewed about 150 cases, and about half of those have been resolved with at least partial fees being refunded, said Mark Seifert, a lead organizer.

Despite these victories, ESOP leaders say the company has not fulfilled promises made by senior officials who met with them and about 200 borrowers in August. ESOP leaders intend to meet with top Fairbanks officials tomorrow in New York to revisit those promises.

Seifert said in August that a Fairbanks official made a written agreement with the nonprofit group detailing a formal appeal process. The company's policy is to stop foreclosure proceedings while complaints are being reviewed. ESOP wants that extended to include the period during which a borrower is responding to the company's initial review finding.

Haynesworth said her case is still being reviewed. She said the company's initial review did not include dropping the fees and other charges.

Haynesworth's troubles mirror allegations other customers throughout the country have made against Fairbanks. First came calls about missed mortgage payments, followed by calls threatening foreclosure if fees and payments were not made immediately.

In complaints and court cases filed against the company, consumers describe calls demanding payment as abusive, often coming late at night or very early in the morning.

At least monthly, Haynesworth said, men in a vehicle resembling an unmarked police car would show up at her house and take photos of the exterior. Fairbanks called this a "property inspection" and charged her more than $70.

"It was just a lot of harassment," she said.

Fairbanks would not reveal how many of its loans in Greater Cleveland face foreclosure. Fairbanks acquired accounts from Conti Mortgage and Equicredit Corp., also defunct, which both were major subprime lenders in Greater Cleveland.

Subprime lenders tend to specialize in borrowers with blemished credit records. Fairbanks is the country's largest servicer of subprime mortgages, meaning that it is the company's job to make sure borrowers make timely collections.

Barbara Anderson, an ESOP leader who successfully resolved her complaints with Fairbanks, said the group is committed to making sure homeowners who believe the company treated them unfairly get their complaints addressed.

"We are not going to let up until every customer we send them has their case resolved in a manner that is satisfactory for them," she said.

To contact ESOP, call 216-429-0757 or e-mail them at esop-ohio@yahoo.com.

To reach this Plain Dealer reporter:

operkins@plaind.com, 216-999-4868

 

 

 

 


"We're 3 weeks from being homeless."

 Mike Grant – WTHI,com

 5/28/2003 6:24:01 PM

A Wabash valley family is fighting to save their home thanks to a national lenders' questionable practices.

Fairbanks Capital is one of the nation's largest lenders. It specializes in loans for people with less than perfect credit.

The company faces lawsuits around the country by consumers citing predatory and deceptive business practices.

Fairbanks is under review by both the Federal Trade Commission and the Office of Housing and Urban Development.

Julie Russell plays with her kids outside of the family home, but it may not be their home for long.

"It's been devastating," said Russell, "We're 3 weeks from being homeless."

Julie and her husband have a mountain of paperwork from their dealings with Fairbanks, dealings that went sour from the very first.

"From the first payment we made on time. They lost it. They failed to apply it," said Russell.

From there the problems and the fees, and the charges mounted.

The company even billed them for insurance even though they already had a private carrier.

"We faxed it. We called them," she said, "We had our insurance agent fax them and call them. Their computers were always down or there was some reason they couldn't take care of it at that time."

One piece of paper gives you an idea of what Julie went through trying to deal with Fairbanks. On one day she picked up the phone. She started making phone calls. She called Mr. Carnahan. She talked to Connie. She talked to Sylvia, Miss Davis, Miss Kidel, Mr. Shine, and did she get it resolved? Sure, after she sent them more money.

"They've got it down pat, Russell said, "They know what they're doing."

We asked Russell what it has been like for her and her family personally to deal with this?

"About 10 or 12 times a day, I break down crying," she said, "I try not to let my kids see me. They're scared. It's affecting the entire family."

A family that did their best on their own to fight for their home.

"We don't want problems," said Russell, "We just want to live here and live our life. You have to have money to get a lawyer, and when you are poor and behind the 8 ball, it just keeps snowballing."

Action 10 News contacted the state attorney general's office about Fairbanks..and found five consumer complaints filed against it.

Those complaints are under review. The state says it has had some success in dealing with the company.

 

 

 

 

 

 

 


“It breaks my heart to see this strong man broken.”

 
 

This is from the Kerry-Edwards Online Forum.   

 _____________________

This Thursday, (my family, the one my husband and I nurtured and loved for the 20 yrs. we’ve been together), our home will be sold at the sheriff sale because the predators FABRICATED a default in our loan.