If you are being harassed by debt collectors and are trying to avoid a lawsuit with an out-of-state lender, the Fair Credit Reporting Act and a fairway independent mortgage lawsuit may be of assistance to you. As a consumer you have rights that can protect you from harassment on the internet, telephone, and mail. You can file a complaint with the Federal Trade Commission or write a letter to the Consumer Financial Protection Bureau. According to the FCRA and the FTC, “a statement constitutes advertising when it comes to the provision of credit or loans.”
In other words, anything given to you in writing can be considered advertising if you don’t dispute it. Fairway Independent Mortgage LLC v. Shaggai R. Campbell, Case No. 6:16-CV-0002.
This lawsuit was filed in the U.S. District Court for the Southern District of Florida.
It is a complaint that was brought on behalf of a deceased customer who was a plaintiff in a Fairway Independent Mortgage lawsuit. The deceased had a pre-existing condition and was denied fair notice of disability retirement. He was not allowed to obtain coverage under theiffreneure and subsequently died from his disease. The lawsuit was brought on his behalf and was resolved by the U.S. District Court for the Southern District of Florida.
The complaint alleged that the company discriminated against him because he had a pre-existing condition.
According to the complaint, the company failed to make reasonable accommodations for his condition and refused to pay for necessary medical treatment that would have otherwise provided him with the quality of life that he enjoyed. He ultimately died as a result of the disease. The lawsuit was resolved in favor of Mr. Campbell.
Fairway Independent Mortgage LLC is a huge mortgage company with multiple branches and offices throughout the state of Florida. The owner of Fairway Independent Mortgage LLC is Richard J. Campbell. Mr. Campbell is the president and co-founder of Fairway Independent Mortgage. According to their website, the company “specializes in FDIRE, commercial loans, commercial land loans and general land loans.” They are one of the largest independent mortgage brokers in Florida.
Mr. Campbell is also the agent and general counsel for Fairway Independent Mortgage.
The complaint further states that Mr. Campbell knew that a member of the company’s underwriting staff falsified information and omitted this fact from his personal financial statement when applying for insurance coverage. He was aware that this agent falsified information because this was a way to get lower insurance rates for the company. Mr. Campbell also did not know about this employee’s infraction until after the policy had been implemented and he had purchased his home. The lawsuit further states that Mr. Campbell failed to object to the deception and requested that the insurance policy be in place. Mr. Campbell further failed to provide any objections regarding the contents of the policy or even to the submission of a copy of the policy to his new broker.
Mr. Campbell is represented by attorney Michael J. Gerber of Palm Beach, Florida. Mr. Gerber is a partner at Gibson Harrff Law Firm in West Palm Beach, Florida.
The Fairway Independent Mortgage lawsuit further states that Mr. Gerber is not an authorized representative of the bank and is not licensed with the Florida Department of Financial Services as an Independent Mortgage Broker. He is also not a registered agent with the National Association of Realtors and has not been a member of the organization for one year.
The complaint further states that Mr. Gerber did not offer any service or advice in the purchase of the loan.
This is a common practice in the real estate industry. When a customer requests a free appraisal or referral regarding the purchase of mortgage notes, many salesmen will take the homeowners money and hand them over to a brokerage firm where they continue to work for the brokerage firm. When an individual makes inquiries about purchasing mortgage notes, salesmen call and talk to the homeowner on the phone and try to get the cash from the homeowner. This is illegal in the State of Florida.
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