Freddie Mac Violates Utah State Law & Injured Vet
Freddie Mac Auctions The Home Of Injured Iraq War Vet Without Giving Notice, While Vet Recovers From Injuries Out Of State
May 18, 2009 - North Logan, Utah
It came as a shock to Tom & Shauna Fairbanks Monday afternoon when a notice was posted on their front door telling them they had 5 days to vacate their North Logan residence. In the posted notice, they were told that the home of their son which they've been staying in, had been sold at auction but no notice of an impending sale had been given nor had notice been issued that the home had been sold more than 2 months prior.
The Fairbanks had been staying in the home of their son, Alan Fairbanks, and caring for his 83 year-old grandmother while their son was deployed to Iraq and subsequently convalesing out of state from injuries received in combat. The younger Fairbanks, 33, married with 2 children, deployed to Iraq as a Navy Corpsman (combat medic) while attached to the 3rd Battalion 1st Marines. In November 2005, while serving in Haditha Iraq, Fairbanks and his team of Marines were engaged by enemy combatants in an ambush after a roadside bombing. During the fight that took the life of one Marine, Fairbanks received the brunt of a grenade blast that shattered one leg and left him 80% disabled. Since returning from Iraq, Fairbanks has undergone multiple surgeries, intense rehabilitation and is still working with the Veterans Administration regarding his disabilities.
The North Logan home was acquired in 2004 before Fairbanks deployed to Iraq and since that time, his parents have acted as caretakers awaiting his return to Utah. After suffering significant financial setbacks, the mortgage went into default in late 2007. Subsequently, the younger Fairbanks worked with his mortgage company, Countrywide, to bring the mortgage current.
After the announcement of President Obama's mortgage modification plan, Fairbanks contacted a loan modification company that negotiated and reached an agreement with Countrywide on his behalf. But before the agreement was finalized, Fannie Mae and Freddie Mac put a moratorium into effect on all foreclosures and Fairbanks' renegotiation came to an immediate halt and all of his attempts to contact Countrywide went unreturned. Then while the moretorium was still in effect, the Countrywide loan was sold to Ocwen mortgage,who claimed to know nothing about the previous modification agreement. However, before being able to discuss new terms with Ocwen and prior to the end of the declared foreclosure moratorium, the Fairbanks home sold at auction. This occured without notice to Fairbanks or his family who was living in the home. Ocwen and Freddie Mac's failure to notify Fairbanks was a direct violation of Utah State Law.
Fairbanks' father who describes his son as a quiet war hero, has vowed to fight for the injured vet. "Our son has sacrificed greatly for his country and doesn't see himself as someone special. But we know he is a hero and we cannot stand by and let the damage and suffering caused by this egregious abuse of power and gross injustice to go unaddressed," Tom Fairbanks said. Neither Fairbanks can afford an attorney and have thus far vowed to fight this themselves. The offices of Senators Hatch and Bennett and Representative Bishop have been contacted in a please for help with this case.
| If you would like to contribute to Alan Fairbanks' Legal Aid Fund please click on the link to the right. | |
Background Story on Alan Fairbanks Military ServiceClick here to view a background story written by Alan's father in 2005. |
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Motion for Preliminary Injunction |
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Press Release - Press Kit |
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Home Affordable Refinance & ModificationFor a brief explanation of the facts about Home Affordable Refinance & Modification click here . |
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