Subprime servicer Fairbanks Capital Corp. has agreed to refund Florida homeowners $1.65 million for allegedly charging improper fees, according to state officials.The settlement agreement is the result of an extensive review of Fairbanks' records by state examiners. The $1.65 million does not come out of the $40 million pot that Fairbanks created as part of a settlement with the Federal Trade Commission last November. "It goes above and beyond" the Fairbanks/FTC settlement, said Bob Tedcastle of Florida's Office of Financial Regulation. Florida regulators alleged that the Salt Lake City servicing company charged unwarranted fees for appraisals and improper fees for releasing borrowers from mortgages that were paid off. They also alleged that Fairbanks improperly charged interest to cover advances the company paid for force-placed insurance, appraisals, and credit reports. A Fairbanks spokeswoman said the possibility of such settlements was disclosed last year.
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Seasonal gains fueled the highest dollar volume of loans acquired since the third quarter of 2022, suggesting lenders are getting business from homebuyers.
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Loandepot is arguing that its local rival, West Capital Lending, has no standing to sue it over the statute meant to protect consumers from predatory lending.
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Christopher Peterson, a law professor at the University of Utah and former senior advisors at the Consumer Financial Protection Bureau, is the latest top hire for a Democratic state stepping up consumer protection.
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U.S. District Judge James Robart found the complaint lacked statutory standing for a RESPA claim and the plaintiffs failed to identify any deceptive conduct.
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The sale comes several months after private equity firm Hale Capital Partners acquired the financially troubled company formerly known as Voxtur Analytics.
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Meanwhile, MISMO has updated its guide to incorporate the updated scores for use with mortgage insurers and VantageScore Solutions rolls out a new model, 5.0.
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