Customer service is one business practice that can unmistakeably build or break a business’s reputation. In the mortgage servicing industry, a huge disconnect between service and corporate goals is undeniable true and most notably with Green Tree Servicing LLC. Since the bubble burst of 2007, the nation has been rocked with high unemployment rates, rapid and improper foreclosures, and the prominence of short sales. With that being said, the economy has to work through these issues while trying grow and create jobs for long term stabilization.
The other day I spoke to someone who will be listing their home as a short sale due to employment changes and a upcoming relocation. After the wife’s hours where greatly reduced the couple is no longer able to make both their first and second mortgage so they stopped making their second. Unfortunate Yes. Uncommon no.
In a recent call to collect back payment, Green Tree Servicing LLC used scare and threat tactics to force payment. Our client said “Green Tree told me its illegal to not pay on the debt”. This phrase scared the the living-bajesus out of her and made her quite frantic and rightfully so. Who wouldn’t be scared if someone said its illegal not to do something especially when that person is perceived to know correct information?
As far as I know, its not illegal to stop making a mortgage payment so why would Green Tree Servicing LLC say that it is? To me, this sounds like a business practice deployed by Green Tree to scare people into making payment – like most people just don’t pay because they don’t want too. People I work with want to make their payment yet other circumstances have effected that ability.
In addition, I did some research and my clients are not alone. A simple online search produced an article titled Are you a victim of Green Tree Servicing LLC? which a Green Tree customer detailed their experience. The article is dated August 2011 yet it appears Green Tree’s practice remains unchanged. Also, comments on MeasureUp.com echo similar stories of poor treatment at the hands of Green Tree.
I find it truly amazing that a company would in fact treat their customers this way. Has Green Tree Servicing LLC done this to you?
Green Tree purchased my mortgage in November of 2011. This did not bother me, I just continued to pay as I always had on the 1st of the month through my Wellsfargo auto-bill set up. Green tree started calling me immediately after the 1st to collect my debt (which was being auto paid). I informed them it was already sent. They continued to call several times a day for 5 more days. It happened again the following month. I protested that this was weird that for 5 1/2 years I paid on the same day and was never told I wasz late before. They then informed me that my autopay through my own bank on a mortgage is late to their standards and the absolute only way to guarantee to be current is to autopay through their system. Otherwise, I can pay a month ahead on a payment. I annoyingly agreed to their system. After this auto-payment method change, I started getting charged $183.27 extra per month. With the new auto-pay they just started to take it. They claimed to have no record that I my condo was insured and it was the cost per month to insure my home. I provided them with my policy along with record that I had never lapsed in insurance. I requested the sum (in writing!) of the over withdrawals not be applied to my principal, but be credited to my next payment. Next month, my payments returned to the old with the notification the payments had been applied to my principal! I called back, inquired and was informed that it was not possible to get the $ reduced from my next payment. I protested and they said I would have to fax in a formal request to to be issued a check.
I also just now learned that my mortgage/esgrow the next months payment will now be $30 dollars higher. They informed me, even though I had a balance remaining in my escrow account of $165, Green Tree requires (this is new to me) a $501 year end balance in their escrow account. My taxes and property value have decreased, but my payments go up, because of their new policy to escrow balances. I understood that the interest and PMI are fixed and escrow is subject to change. This is because escrow needs to flex with taxes, not because they want to have a bigger balance, just in case my taxes change.
I know this is a lot of rambling. I need to vent. This is a horrible company. I do not like them. I want my mortgage sold to someone else.
I pay my mortgage by the middle of the month and have never gone past 30 days. Times are tough but I pay monthly and they are making money if I go past the 16th of the month which I try not to do. But, they start harrassing me on the 2nd of the month and continue the whole month. I asked them not to call my cell phone and they continue to. They have called my employer and my husband’s employer which is frowned upon by both of our employers. They are terrible on the phone, not hesitating to personally attack and insult me. I haven’t even been behind a month so I am wondering how legal is this?
Hi Mary, I’m not an attorney but something tells me that calling your employeris clearly crossing a line. They are a bunch of hack no doubt and I woudl seek legal advice because if Green Trees calling your employer jepodizes your job that could be grounds for lawsuit. Sorry that you have o deal with them – have you throught about refinancing to get away from Green Tree?
Green tree is the worst. We got sold to green tree and have had nothing but problems. We have only been one month behind, and now they have started sending us our payments back, saying we owe them $6000 up front all at once, but for what? We don’t understand. We have paid over many times. Never not paid enough. Said our house was going in foreclosure this spring. First we heard of this, how can we go into foreclosure if we’ve always made the payments, and why are they sending them back?
my morgage was sold to green tree as well, my original loan was Bombardier, i must say i was not to happy about this from the get go, i had dealt with them before, and knew far to well there practices..but i continued to pay my payments and even made extra payments whenever possible, with the understanding that it would be deducted off my principal, and had to call them several times and ask them to do so, they never did, however in the past few months my husband has switched jobs a couple of times and i had to pay a few payments late,but never past my grace period. they have harrassed me to no avail, today i have 6 missed calls from them within an hours time..they have even called my mother and father in law..how they got there number i will never know, but told my in laws that i was delinquent, and if it wasnt taken care of they were going to foreclose. Tell me how it is ok for them to call other people and tell them personal buisness such as that to begin with??.just last week i spoke to Dion, i guess he is the one who is over the collection of my loan, for whenever i call there it goes straight to him.i was asked up front as always, “is it your intention to keep the home?”, this always makes me just a little mad from the start, i mean is that any way to start a conversation with someone, when they are doing everything in there power to pay you..anyways, i was told that my payment were all up to date, but he was calling me concerning insurance on my home, i told him i would have the insurance company fax him the info, end of conversation…tonight they are telling me, not Dion but his supervisor, that i am 3 payments behind, but if i would just pay them $183.00 tonight it would be all good, tell me how , if i am delinquent 3 pmts. that $183, will make it all alright???? i did not pay them anything, i find it very interesting that the above comment mentions the exact same amount. this supervisor informed me that they were going to begin forclosure on my home monday morning…how can they forclose when all my pmts. are up to date???I have kept all the voicemails on my phone, and have proof of the tactics they use, It is impossible for me to refinance through my bank for my home is a manufactured home, and i would have to put my land up, the land it sits on belongs to my husbands family not us..i just wish i could get out from under them, I have even thought about filling a complaint with the BBB..so i am very pleasex to see that others are speaking out about there abuse..
Please LISTEN!!! Greentree serving is riping us off…They did the same Insurance fraud stuff with me..Can you just image how many people and lifes they have destroyed? Mine for one. People we must band together and stop these people. Lets start a Class action suit…………. email me at clockwrk1@aol.com
GreenTree SUCKS!!!!!! They are lairs, cheaters and a bunch of other nasty words I can’t put on here!!!!!!! In one day they called the house between 10-20 times, some of them were after 9:00 p.m.! I took pictures of every one of them off the caller ID. They even called neighbors I didn’t even know!!! REALLY!!!!! They need to go down!!!! I can’t even begin to tell you all the things they have done. Not enough space!!! DO NOT DEAL WITH GREENTREE OR YOU WILL BE HARASSED AND YELLED AT CONSTANTLY!!!!!!!
Green Tree bought my loan on 9/2010. They notified me that I have to pay my mortgage by the 1st of the month and they send me the amount to be paid. I realized that the payments were missing the escrow amount so, I paid my own insurance and taxes. 6 weeks later they starte to call me harrassing and theatening me that they were reposessing my house. I stopped the phone calls and they could only send me letters. When I tried to talked to them to come to an agreement they just harrassed me and I could deal with them. My mortgage payments were always on time but when I tried to get away from them and refinance, they reported me to the credit bureau stating that I had 2 months of late payments. I am so sick of Greent tree. I know I have a very good case I am looking for a lawyer to help fight these ……. What about a class action. Who knows a good lawyer willing to help us
We’re dealing with Green Tree’s scare tactics too. We are working on a short sale with B of A and they hold our 2nd. They are horrible and step over the lines with their threats.
I sympathize with anyone struggling but in order to live in a house you couldn’t have afforded without financing, or for whatever want or need was satisfied by a second mortgage (at a fraction of the interest if needing to use Credit Cards or Payday Loans), you agreed to certain legal obligations and consequences. Don’t blame ‘the man’ if you can’t meet them. In the current economy financial institutions have more foreclosure than they can deal with, they simply have no motive to force a paying customer into foreclosure, and the above stories don’t stand up under scrutiny. Check out the BBB and you’ll see that these guys are usually able to work through complaints to the BBB’s satisfaction. I find it suspicious that ‘victims’ so ruined and ready to sue (and one even ‘thinking of complaining to BBB’) wouldn’t have yet filed a complaint and mentioned the outcome. Now maybe some bad apple and if anyone really suffering, contact the BBB as they do have a good rating and will be motivated to keep it. I’m not some douche financer but after being out of town with family for some sad times over the Holidays, hadn’t paid any bills for almost three months so quite a few messages from a number of companies. With the exception of Green Tree the message was either an autodialed recording of a computer generated voice or simply a mark on the caller ID. Green Tree did call once per day, for every day but Sunday for two months, and a human being left a live message each time requesting calmly and politely that I return their call. I expected some backlash but nothing but professional when I called to bring my account to date.
Contrast this to my phone company who shut off my phone service the day after I got back and didn’t bother calling first (they can’t claim they didn’t know the number), then I had to wait for them to open and navigate a phone menu so a live person could transfer me to an automated payment system (they have NO option to pay your bill through a human contact), call them back with confirmation #, then they tell me “up to 24 hours” to restore service.
So in an age of autodialers and endless mazes of phone options and answering a call at dinner for a recorded robot voice to start yammering after progressively louder “Hello?”s for the first 5 seconds, at least the personal touch is nice. Even should they scam me or screw me, or simply hold me to the consequences of my legal agreement (even if necessity mandated making a bargain with the devil), I would still much rather be screwed with a personal touch than by the cold steel of autodialers and robot voices.
P.S. For dude who deducted the escrow from his payment and “paid his own” insurance and taxes, that just isn’t legal under the terms of a mortgage (the word ‘illegal’ is a stretch as against civil law not criminal code).
For those struggling, your mortgage and any second mortgage should be your first priority (along with vitals such as power, water, etc.) as they hold documents with real teeth. If you need to start blowing off bills, start with your credit cards. Two years ago I was 60K underwater in Credit Card charges (mostly cash advances to get me through rough times). Outraged at government bailouts (or perhaps seeking a moral rationale) I simply stopped paying on the accounts.
They just keep making more pathetic attempts to settle and I think the last offers total to around 6K or 7K to ‘settle’ the debt. Pretty sure they can’t do shit. I still have a few credit cards through my bank account (billed with about 10K limits and not pre-pay) but otherwise don’t spend money I don’t have.
But you blew off your mortgage obligations to keep your Macy’s card or Visa Gold or Amex Platinum current to protect your need to consume crap that will never make you happy and you’ll end up pawning for a fifth of it’s used value and one tenth of what you paid for it, then end up with no house and all your shit in a storage unit (sadly I know so many having met this fate), then you are and always will be the tool of the very ‘man’ you rage against.
Okay so Green Tree just took over our payments and for some reason I feel like this company either wants you to sell your soul or just lose everything that you worked so hard for. We are one month behind and trying to get the money together but unfortunately my mother got very ill so it was either watch my mother suffer without her needed meds or make up a payment plan? Dealing with Green Tree blowing up my phone line 10-15 times as day was and still is nerve wrecking, I really wish that we could get away from these rude people. And the crazy thing about I don’t believe that the call is recorded or monitored because of the way they treat their costomers, when we tried to talk to the costomer service and explained our situation she replied to me that she lost nine family members in one month, I wanted to tell her becareful you could be next they way you are treating and talking to people…
I was looking for a form that Green Tree is requesting of me and trying to locate their web site when I ran across this site. I experienced similar problems of threats, intimidation, abusive language, etc. I sent a note to the senior executive at Green Tree requesting a response from their legal department regarding the foreclosure threats. The service rep explained to me that North Caroina did not require any formal notification to me regarding foreclosure or any related hearings. She said that they just foreclose and I would have a sheriff’s note posted to the effect that it was completed. Their legal department has never responded to me. I did receive a response telling me that their staff was trained in all the state laws – indicating that NC does not require any notification to the homeowner. Class action seems like the way to go. But, they are no better or worse than Bank of America who sold my note to them with outstanding and unsatisfied complaints to the NC Attorney Gerneral and the U.S Comptroller of the Currency, who has responsibility for all banking institutions in the U.S. I am currently in a “catch up” program to get the mortgage back on track and we will see what we will see. They will never treat clients with any respect because they consider all of their clients dead beats who deserve to be mistreated. If anyone can tell me how to coordiante the multiple different directions from multiple different Green Tree organizations I would appreciate. I now have a single contact at Green Tree that has told me to ignore all communications unless they come from him. It may be that my letter to the Green Tree CEO has had some effect. Try it.
I filed a complaint against Green Tree with the Better Business Bureau. Green Tree was taking money from my checking account without my authorization. This is one of the sleaziest companies in the United States and I Don’ see how they are still allowed to be in business. I have had all the scare tactics you can name from them. They told me they were going to come get my house on Monday because I was 2 payments behind. This was on a Friday. It was because they took money from my account without authorization that I had to go to my bank and sign an agreement not to allow them to take money from my account. I found it easier to get a money order and I caught up on my payments. I dont remember the exact amount but they told me that for every day past the 15th my due date they added an astonomical amount. I am not even sure what I really should owe but I borrowed 60,000 to buy a mobile home and land and 15 yeas later I still owe $55,000. I told one employee kiddingly that I would give them my lst born, and they seriously replied not unless hes worth some money. These people say what they want, do what they want without any kind of customer service morals at all. Seems like someone should look into this company and do something about it.
I have experienced the same things with Green Tree. Each of you need to contact the Federal Trade Commission. BBB won’t make any difference. It is important that you contact our government who has control and can start to make a difference. http://www.ftccomplaintassistant.gov
Great suggestion Janet!!
I have delt ith green Tree for over 15 yeas , my loan has only went down a couple of thousand and they have repeatedly called and threatened me. Just recenty called to inform me that My insurance was not up to date, I told them yes it is it has been faxed to them on three seperate occasions, the called me on a friday late and told me that if I did not pay hem 115.00 on the spot that they would be taking my home . I told them that on nday I would make sure it was faxed to them again and I was refused and bullied into a payment . the man was very rude,disrespectful, and very mean. would not let me spaek at all and would yell and tell me about how if I were to make sure my insurance was paid he wouldnt be calling . They do this little tactic alot . I wish that the goverment would do an investigation on them , the way they do business, and make them be responsible for all the money they are clearly stealing.
My mortgage was sold to Green tree from National City mortgage in 2008, their service is horrible and disgusting. Their sales reps are rude, disrespectful and nasty. They have no empathy for any one, they call 20 times a day. I lost my 5,000 per month job 2011 and used up my entire 40,000 severance payment to pay my mortgage, now I am unable to pay that 3,300 mortgage. I tried to have a loan modification, I submitted all the requested paper work, they confirmed they received them then sent me a letter claiming they did not received it. I was outraged. There is no where to turn when this happens, the only thing is to report this to SBA? I dont know. I cannot find a job to pay this kind of mortgage, I need a loan modification asap. any advise will be welcome
Green Tree forced us out of my home with their scare tactics. They told me to get out of my home I was two payment behind because my wife lost her job. They harassed me so that I began screening my calls at work. Melissa at Green Tree called my home constantly informing my wife that we needed to move. One time my wife and I were having problems in our marriage and melissa called me and I explained to her that we were having some problems that is why my payment was late. This lady called my wife at home and told her that I said we were having problems and we were getting a divorce and she needed to be out of the home by Thursday. Of course my wife was upset because I did not tell Melissa that we were divorcing. They told us that we had four days to move out. We bought our mobile home in 1998 for 34,000.00 and when our home was foreclosed on we owed 31,000.00. Finally I got tired of the calls reardless if were up to date or not they would still call. So the last time they called and said they were picking up the mobile home I tole them to coame and get it
The common theme here seems to be that the posters are behind on their payments, but it is Green Tree’s “harassment” that is the issue. If your employer was 30 – 60 days behind on your paycheck, I would venture to say that you would be calling him too.
Well I just googled Green Tree because I’d never heard of them and GMAC just sold my loan to them. I can’t refinance because the property values in our area (NH) are still not where they should be and no other bank will touch us even though our credit is excellent. I can’t wait until they start calling me because the way my husband gets paid, I don’t pay until the 10th or 15th, typically – without penalties. GMAC was no picnic to deal with but these guys sound 100x worse.
Hello everyone, My loan was just sold to Green Tree the 1st of this month from BOA. The kicker to this is I didn’t find this out until the 18th. I called this company to enquire as to when I would be getting statements from them. I was lectured on how I owed two payments and they wouldn’t except anything less. The female voice continued to esculate in volume; she informs me that I could no longer afford to live here so I needed to give it back. I told her I was looking for help not a lecture. She continued to say she wasn’t lecturing me just explaining how things work. I thanked her for the education, then she passed me to another rep who then passed me to another. After about 40 minutes I had been enlightened by 4 or 5 different people, all of who whom felt I was hard of hearing and un-educated. By the way, I have toned down their words. I myself will be seeking legal representation and would advise everyone else to do the same. I would think if enough people would band together, sign a petition and file a complaint, as well as contacting tv shows like Opra or Dr. Phill; might just get some action. I pray each and everyone has a favorable outcome, good luck to all.
I too was notified that Greentree would be servicing my loan as of the 1st of the month. I then did some research on Greentree and started having heart palpatations. So I found this info out from the FTC regarding the transfer or sale of the loan. (see info after my rant) I was only notified about a week ago and not in writing, but by phone. Needless to say I am going to purchase a recording device I can attach to my phone and if they call me, tell them I am recording the converstion. I am so paranoid that payments will not be credited properly. I had enough problems with my old servicer where at one time I rec’d notice I had not made the previous 3 months payments even though I had confirmation numbers and copies of withdrawals from my checking acct. I had to get an attorney before they placed a work order to see where the money went. I have read horror stories of how after the transfer, the first payment is not recorded, or it is received late and charges are added or it is reported to credit bureaus. Crossing my fingers that all will go smoothly, but preparing for the worst.
Transfer of Servicing
If your loan is transferred to a new servicer, you generally get two notices: one from your current mortgage servicer; the other from the new servicer. In most cases, your current servicer must notify you at least 15 days before the effective date of the transfer, unless you received a written transfer notice at settlement. The effective date is when the first mortgage payment is due at the new servicer’s address. The new servicer must notify you within 15 days after the effective date of the transfer.
Both notices must include:
• the name and address of the new servicer
• the date the current servicer will stop accepting your mortgage payments
• the date the new servicer will begin accepting your mortgage payments
• telephone numbers (either toll-free or collect), for the current and new mortgage servicer, for information about the transfer
• whether you can continue any optional insurance, such as credit life or disability insurance; what action you must take to maintain coverage; and whether the insurance terms will change
• a statement that the transfer will not affect any terms or conditions of your mortgage, except those directly related to the servicing of the loan. For example, if your contract says you were allowed to pay property taxes and insurance premiums on your own, the new servicer cannot demand that you establish an escrow account.
• a statement explaining your rights and what to do if you have a question or complaint about the servicing of your loan.
There is a 60-day grace period after the transfer: during this time you cannot be charged a late fee if you mistakenly send your mortgage payment to the old servicer.
Transfer of Loan Ownership
The ownership and servicing rights of your loan may be handled by one company or two. If ownership of your loan is transferred, the new owner must give you a notice that includes:
• the name, address and telephone number of the new owner of the loan
• the date the new owner takes possession of the loan
• the person who is authorized to receive legal notices and can resolve issues about loan payments
• where the transfer of ownership is recorded.
The new owner must give you this notice within 30 days of taking possession of the loan. It is in addition to any notices you may get about the transfer of the servicing rights for your loan.
To get the calls to stop, send them a cease & desist letter. You may still get written notifications from them, but at least the calls will stop.
http://credit.about.com/od/debtcollection/a/ceaseanddesist.htm
There’s a Class Action Lawsuit concerning Green Tree. Spread the word! Looks like it has to presented before Feb. 26, 2013.
https://petitions.whitehouse.gov/petition/protect-middle-class-and-disadvantaged-americans-holding-acountable-house-debt-collectors-who-rely/gG7j030m
I was getting ready to pay GMAC my mtg payment when I got a notice two days ago from GMAC that my loan was being transferred to Green Tree. I looked them up and was very disturbed. I have yet to be called, but I’m sure I will. I decided to be proactive, since I don’t want them calling my house. Through my internet phone provider (Phonepower). You can block up to 50 different numbers. I tried it with my cell phone. It just won’t go through. I looked up all the other numbers people had mentioned and put them on my block list. Also, there are a number of apps for cell phones as well allowing you to block numbers. I will prefer cell phone contact with them, but if they get out of hand, I’ll just block them on that. As far as my payment goes I sent it certified mail, which has been mentioned by others. We’ll see what happens.
We had a whirlwind relationship with GMAC for years….we just received notice today, February 1, that our mortgage servicer was changing to Green Tree as of today. After googling Green Tree and reading all of the awful reviews on every website imaginable, I decided to call just a few minutes ago. I was transferred to a live person within 1-1-/12 minutes. I had to be transferred to yet another department and was on hold for no longer than 3 minutes. Both of the people I spoke to were respectful and helpful. In addition, our first mortgage payment with them would have been due today. Since the transfer is still in process, we have an additional grace period since they won’t be sending out statements for another two weeks. There was no lecture, no berating, nothing harrassing about the phone call at all. I take everything I’ve read into consideration and hope that our relationship with them is good, since our experience with GMAC was not. At all.
Thank you so much Mr. Barnett for creating this site.
I too am a victim of Green Treen’s awful and disrespectful customer service and loan handling mishaps. I am in the process of writing a complaint to the CEO of Green Tree and the Federal Trade Commision as well as seeking legal assistance for a lawsuit regarding Green Tree’s abundant violations.
Something MUST be done!!! So people you MUST act!!! I agree with “LEIHANN457″ who suggested in an earlier post to sign the petition drafted against Green Tree on the White House website. I just did! Here is the link to sign the petition: http://wh.gov/VrJX . It only takes a few minutes. And although the needed signatures may not be reached in time, it’s still a start!
Let’s get something done about this people!! Look at what just happened to Bank of Ameica and many other Banks who just made an agreement with the Office of the Comptroller to pay homeowners/homeowners who were foreclosed upon billions of dollars! (You should be contacted by the end of March if you qualify to receive a monetary reward).
Green Tree needs to be held accountable!!!
Good Luck Everyone!!! Everything will work out
I have been fighting with them for yeaes first it was green tree then conseco now back to green tree conseco was the samer they told me they were modifying my loan and it went all the way to inspection and tiltle 3 times they told me not to make the paymen it would get gobbled up oin some stupid thing so 4 mos wsent by and i get a call sorry my boss is an ass isd what the rep said and left me hanging after all that that put me behind they lkied about the loan i have now they said propert taxes were in cluded in the payment 3 yeaesds go by abnd i get a foreclosure letter from the auditors office i fouind out they had paid nothing i was already broke but managed to scrape up the past due another is the have me assesed with over 3000.00 dollars in late fees that they will not remove it was them that masde me latre on time i sent a sterling bank cashieres check for my house payment sure enough i got another 77.00 dollar late fee i caslled and they said my check= sterling bank cashiers check hAD INSUFFECIANT FUNDS GOD THERE IS NOOTHING THEY WONT DO TO SCREW YOU OUT OF YOUR HOME AND PROPERTIE I DONT KNOW HOW MUCH LONGER I CAN LAST I AM A SINGLE DAD TO A 14 YEAR OLD DAUGHTER AND 10 YEAR OLD SON THEY JUST WANT TO THROW US ON THE STREET THEY LIED AND PUT ME IN THIS MESS
OHHHHHHHHHHHHH LETS NOT FORGET ABOUT THE HIDDEN BALOON PAYMENT THEY PUT IN MY LOAN
I too agree with the comments we had a loan with BOA for 10 years and it was sold to Green Tree. We always paid our mortgage on the 15th of the month and there was never a problem. Green Tree called us on January 2nd to tell us our payment was late. WTH I have lived in my house for over 15 years I know when my payments are due. I don’t need a reminder. I told them I would send the payment before the 15th. I received calls 8-10 a day. That is simply ridulious. They have no customer service skills at all. I am in the process of trying to get my house refinanced. I am willing to pay the fees just to get away from this horrible company.
https://petitions.whitehouse.gov/petition/protect-middle-class-and-disadvantaged-americans-holding-acountable-house-debt-collectors-who-rely/gG7j030m
Green Tree servicing is a debt collector masquerading as a loan servicing agency. They treat their customers like cattle. They are much worse than Bank of America and that says a lot.
Support and meeting place for victims of green tree servicing .
Our mortgage was sold to Green Tree from GMAC, too. Does anyone know if this company is being looked at or is it just running rogue?
What happened to the day when we felt happy about putting a check in the mail for the payment on our home? Do you remember when going to work so you could pay your bills felt good? Do you remember having a mortgage company that we could trust and we could see how our payments were applied and it made sense? What happened? GREEN TREE SERVICING, a debt collector. Yes, let’s make sure to treat everyone like a dead beat whether they are current or not and threaten to take the roof over their head for fun. That’s what it feels like when they call. I had Countrywide. Then BAC. Now Greentree Servicing. Please do not allow these horrible ignorant morons get you down. Sign the petition. I did
Well, I handle most of my mothers business transactions and was greatly concerned when GMAC transfered her to Greentree Servicing LLC as a result of their chap. 11 restructuring, this is a company I never heard of before, so, in the interest of looking out for my Mother, I did the research and read and seen all these horrible things about GT.
I’m a firm believer in giving a person or company the benefit of the doubt, and so I called GT to get information about the correct amount my mom needs to pay each month on her $40,000 Mortgage, and for 4 hours I was NOT able to contact anyone through their customer service 800 line. Finally I contacted a LOCAL BRANCH close to us and through them i was connected straight through to a representative.
We (me and mom on conference call) spoke to a very nice girl named Lindsay, she was very nice and accommodating with our requests and she was very personable. She answered all our questions and even provided additional information which we did not seek, but was helpful to us.
Me and mom talked about all the negative reviews and will give them a try for the first couple of months as my mom have NEVER been late on a payment, I warned my mom to NEVER allow them to access her bank account information or give them a credit card number and to keep doing business as she has for the last 30 years, by sending in a Money order to pay the mortgage.
More to follow as we deal with this company further, but as of now, they rank a 5 on a scale of 1-10 ….
I’m getting scared with all these comments. I went to set up a payment on GMAC for the 15th and to my shocked eyes I see a zero balance! Sold to Green Tree. I need to call them to find out how to pay them but from what I’m reading I shouldn’t give them my bank info & pay them by money order or cashiers checks. I have to see if they have the 15 day grace period, sounds like they don’t. Wish me luck!
Very frustrating – both GMAC and GT really missed up on the loan transfer; got the notices LATE from both of them, after GMAC locked the account for online payment, and I was surprised to find out about the $12 fee whether you pay by phone or pay online thru GTServiceing.com. (Appears to be wire transfer processing fee) No mention of ANY processing fees in their letter, of course. Had the hardest time setting up online account, they have ‘Miscellaneous Insurance Co’ as my insurance provider, but I managed to get a hold of ‘Carmen’ on the phone and she said no late fees will be charged for February and March billing periods because of the loan transfer fiasco. So she said I could mail the payment or use my Bank’s online bill pay (which is free to me) and she said the Bank’s bill pay maybe faster (even though the bank will have to mail them a check- this didn’t make sense to me and she couldn’t explain why, but o well, at least they can’t say the check got lost in the mail hopefully).
I’m very concerned, but so far the rep was pleasant and respectful on the phone, and even though the auto attendant said to expect long wait times, I was on hold for may be 1 or 2 minutes at most.
Flagstar recently sold my loan to Green Tree. It was a jo9ke how unprofessionally this came off from both parties. Flagstar’s notice came in an envelope that looked exactly like their junk mail to peddle their credit card offers and Green Tree didn’t send any info until the mortgage would have been more than two weeks late. Green Tree sends late notices on payments made on the sixth which is well inside the grace period.
At this stage, I have read so many complaints about Green Tree’s predatory practices I am making an appointment to talk to my U.S. Congressperson to get this situation changed. I encourage everyone to do the same. It’s easier than you think.
My mortgage was sold to Greentree also…My God! I got a cal today (Sunday) and a message left by Melanie to call immediately today. Time is of the essence!!! She must hear from me today…almost like an “or else” threat. I didn’t even know who these people were. I haven’t called her back but GMAC was my mortgage lender and even though I am behind 30 days and was longer than that ot one time, they understood a chronic illness in my child and uncovered medical bills and a wife who has lost her job..my job is commission based, they were kind enough to work with me…I will call back but Miss Melanie had better be polite..she hasn’t faced me yet…scare tactics don’t work and my attorney does.
by the way people need to sign this petition for a class action suit by the 25th of February…we’re over 90000 signatures short!!! https://petitions.whitehouse.gov/petition/protect-middle-class-and-disadvantaged-americans-holding-acountable-house-debt-collectors-who-rely/gG7j030m
http://www.facebook.com/pages/Victims-of-Green-Tree-Servicing/115654791939939
victimsofgreentreeservicing@gmail.com
Green Tree Support and Discussion Group
Common theme with all Americans these days. You are owed something. I’m so sick of hearing this. You cant pay, you are out of work, blah blah. What do you want?? them to give you the house??? No, reality is YOU signed the contract for a 30 yr note on a Trailer, with an 18% interest rate..Just multiply your house payment by the months you financed…THIS NUMBER HASNT CHANGED..you are paying 95K for a 25K mobile home that is falling apart..Been that way since day one..Shame on you for making a bad decision, shame on you for not knowing what a simple interest loan is..AND for all you whiny ass Mortgage Payers..Your payment is due on the 1st , not the 15th,,,if it was ok to make your payment on the 15th- they would have set your due date for that day!!! There is a reason why these mortgages are coming to green tree, They were not handled correctly by the bank that originated them.. Read your mortgage notes. AND TO ALL OF YOU: answer the phone on the 1st ring, then there would be no reason to call you repeatedly!! So morale of this story is…Get over it..if life changes, and you cant afford..you have to deal with it..bottom line is GT is a business..They are not your friend..and are not obligated in any way to help you!!!! Whiny ass Americans! Oh, You are not a VICTIM!!!!! GET OVER IT!!!
I mistakenly made a EFT $255.00 mtg payment to BANK of America instead of Green Tree back on the 11th. of Feb. (Green Tree purchased my mortgage from BofA) The rest of the payment was sent through my other bank and Green Tree is holding it, I wonder if that’s legal, in the good old days they would send it back to us. I called BofA the following day and was assured it would be forwarded on to Green Tree, and they would get it in plenty of time to avoid late charge. Got a call from Green Tree today, a voice mail, I don’t talk to them because their always so rude, and they never know what their talking about anyways, like insisting I made 2 payments in December. Don’t I wish, I’m on permanent disability, have had heart surgery and I’m a Type I diabetic, like everyone I struggle. I’ve only had 2 late payments not even 30 days.
So I called BofA talked with a really nice, caring, professional gal who told me she would gladly do a 3 way call with Green Tree, well we couldn’t get past the collector, he totally blew off the BofA girl and went right into collection mode speaking over and above both of us, and refusing to acknowledge that the funds were on their way we just had to track them down, he wanted a promise to pay and told us that our issue would have to be handled with customer service the gal from BofA again very professionally and polite asked him for the number to customer service and he told her he would do that after we give him the information he needed, again not acknowledging that the mispayment was not all my fault. This guy then started raising his voice even louder and asked me if I wanted to speak to his supervisor, I said no I didn’t there was no reason to and he then said to me ok Ms. Fulner I will make sure and put down that your refusing to make your payement with us, and we though he hung up. Well I continued to talk with the BofA gal and she remained professional and was concerned because I told her I had a heart condition in the beginning and that’s why I don’t talk to collectors, she was going to do all the talking once I gave Green Tree permission but the conversation just got out of hand. Unreal. She was trying to comfort me because she could hear my upset, I said see how they are he didn’t even acknowledge that the monies are misplaced and said he told us that he was going to put down that I refused payment…she assured me that she was witness and never did we say that payment was being refused and that the conversation was recorded if I need any information later on, well after that is when we realized his supervisor was listening in on our conversation, and yelled into the phone “MRS> FULNER, MRS. FULNER EXCUSE ME CAN i HELP YOU..IS IT TRUE YOU MADE YOUR PAYMENT TO BANK OF AMERICA? TELL ME WHY MRS. FULNER AFTER MAKING PAYMENTS HERE FOR 17 MONTHS NOW YOU WOULD MAKE A PAYMENT TO BANK OF AMERICA? I told her as calmly as I could, Well there is a human factor involved, which unfortunately isn’t taken into account in todays world and I pressed a wrong button…she started arguing again, I told her I was going to hang up, she Yelled OK GO AHEAD AND HANG UP so I did. Lord Jesus why can’t anyone help us anymore…why is this being allowed. These people were so driven to bully me and blinded by winning an argument, they refused to hear why we called in the first place. I didn’t ask for this place to buy my mortgage, I can’t even walk in and make a payment their in fricking Minnesota.
Thank you soooooooo much for your post B. OR should I say B-Hole. You have provided a perfect example of just one tiny tiney example of what we are dealing with because of Greentree Servicing. FYI: I am current with my payments eventhough Bank of America transferred my loan in the middle of my application for loan modification. I was not able to send a payment for months since they olny sent a “snap shot” of it to Greentree and it took so long for them to “set-it-up”. Common theme with this American is: Don’t expect that it’s OK to blame me for their corrupt way of doing business. When this is resolved, you can read it and weep. Might want to read a book or something. You seem desperatley in need of enlightenment.
B, you are a clueless “Greed Tree” rep who can’t stand to read facts. As a 800+ credit person who has never missed a payment, I ended up transfered when GMAC went bankrupt. I setup an online account with Greed Tree and Paid the $12 fee twice to make payments to ensure I am not coded as late during this transition. I can easily pay off my house “B” and wish to but right now Greed Tree hasn’t accounted for the over $400 missing from my escrow account after GMAC gave it to them. If I could get through to their customer service; I would gladly get this worked out and pay them off, NOW. They don’t want our money… They want our house. They are messing with the wrong guy….
We need help desperately! These people are making up a payment they say we are behind on, and we are not, I know for certain we are NOT behind, but greentree says “yep, a month behind, and if we don’t pay it up here pretty quick they will default on the loan! OMG! We just went thru the most gut renching time with Bank of America in getting a modified mortgage done, with new interest and 40 more years! Yeah, ill be 96 I think, hubs will be 98. But, back to the subject, BOA turned our account over to GreenTree Servicing (I heard they are an affiliate of BOA, the “problem accounts?”) in Sept 2012. We never recieved any notice Boa or Greentree that we were being switched out, so we were totally surprized to hear this.
From the beginning, this company got on my bad side. And argueing? oh they are pro’s at that, especially the lady they have as my so calledworker. One time our conversation got so heated because i was dishing it out as fast as she could get it out until finally I hung up on her!
I dont want it misconstrued that I’m an arguementive person, Im not usually really, it takes some pretty loaded words to get me going. From what I have been reading here though, there is some serious things going on within and from this company that could be downright illegal. I know for our case, saying there a month of morgage overdue, when there downrigh is not, is a big accusation and we would like to be represented by legal counsel just in case.
I just can believe they are getting away with all of this. Hopefully, now, it wont be for long.
B …….YOU ARE OBVIOUSLY A POMPOUS ASSWIPE WHO HAS NOT HIT HARD TIMES..YET…YOU’LL HAVE A HEALTH CRISIS OR LOSE A LOVED ONE OR BETTER YET, LOSE YOUR OVERPAID JOB OR PENSION BENEFITS YOU FUCKING JACKOFF…DON’T WORRY YOU’RE DAY IS COMING TO SUFFER AS EVERYONE DOES D
My mortgage just got transferred from GMAC to Greentree and yes I got some ridiculous amount to pay or omg they will take my house. Yeah right. I will continue to make my payment on the 28th of every month even though it is due on the 1st because I can and I know this really pisses them off. And they can call me 100 times a day if they choose to, I just don’t answer. B, I don’t pick up on the first ring just because I’m an American, maybe if you were you would have some pride, you are quite the jealous one aren’t you. Anyway, don’t be afraid of Greentree. Just keep prudent records of all transactions and you’ll be OK. Remember you are dealing with some minimum wage idiot sitting in a cubicle trying to earn a bonus. Can’t hardly blame the poor soul for trying to make a buck. By the way, I got charged $105 for a corporate advance. That’s a credit to my account. Ten more of these fake advances and I’ll get a free house payment. Thanks Greentree. Green means amateur and tree means stupid woody thing. I’ll win because I’m an American, just ask George Bush. In closing I just want to say people don’t be bullied by Greentree. At the end of the day when the rubber hits the road Greentree’s veiled threats will not hold up in a court of law. The only thing you have to fear is fear itself. Who said that? JFK or Pope John Paul or maybe Lebron James. Who knows? But it sounds really good. Good luck my friends and stay thirsty.
‘
Well, I read all your posts and decided to that I would not deal with GreenTree unless I wanted to. I regrouped my funds and quickly, before the transfer date made my REGULAR mortgage payments via BOA in advance so I don’t have a payment due until 2014. I did this so that ANY and ALL payment made between now and 2014 would HAVE to be applied to principal ONLY. I even wrote over 3 times on the check that the payment is to be made to “Principal ONLY”. Well, guess what. They applied it to the regular payment not due until 2014. They are supposed to apply it to principal ONLY. I sent a letter but the next letter I send will be sent to the State’s Attorney General office noting my balance prior to the transfer date is the same amount being reflected by Greentree EVEN though they accepted a $300.00 payment which is clearly marked for principal only which my contract allows. They did NOT reduce the principal balance amount I owe and it should have been lowered by $300.00. I’ll keep you posted. It sounds like they play games. When others post to payments, they apply to principal. When you make principal payment, they post to regular. They’re nuts if they think everyone can’t fight back against their practices. Regarding there communications, before the transfer I edited my email and phone number to dummy information. Greentree may have permission to have my loan transferred to them but I NEVER signed a contract with them nor agreed to update my information with them or give it to them. They’ll never have my proper phone number or real email address. I NEVER answer unidentified callers and if they somehow were to ever obtain my phone number I’d never answer then I’d figure out who they are and block their numbers. I will never make payments online giving them access to my account since I read about many nighmare experiences from others how greentree abuses that privilege to have that information. Nope, all they will get from me is a headache if they don’t apply my payments properly and as well, they’ll only hear from me in writing and via payments being mailed with my forever stamp. The last thing I would do is fund ANY payment fee to them. What, they get to earn interest then charge to make payments too? What a racket!
For those of you who are concerned about what WILL happen, as well as those of you who have been subjected to abuse already…I would recommend filing a complaint to the Consumer Financial Protection Bureau (“CFPB”), the newly created arm of the federal government charged with oversight and enforcement of financial institutions.
You can file a complaint through the links on their homepage: http://www.consumerfinance.gov/
Here is a very recent release from the CFPB regarding the transfer of Mortgage Servicing Rights (MSRs):
http://files.consumerfinance.gov/f/201302_cfpb_bulletin-on-servicing-transfers.pdf
There is additional, more detailed guidance available here (for the truly determined!):
http://files.consumerfinance.gov/f/201210_cfpb_debt-collection-examination-procedures.pdf
Under the guidance of this new federal agency, it appears that the government has taken the position that financial institutions who engage in unfair, deceptive, or abusive acts or practices (UDAAPs) may still be subject to sanctions even though they were previously immune from prosecution under the FDCPA because they didn’t fall within the technical definition of a “debt collector” under the law. And to be clear, the CFPB has confirmed that a mortgage servicing company who purchases the MSRs of another lender is in fact a “debt collector” IF the account was already in default at the time that the new servicing company obtained the loan.
Best of luck!
So glad I found this site, I thought I was going nuts. GMAC just sold our mortgage to this company. They are so nasty and unprofessional. I have filed a report with the CFSB (Thanks Advocate) and suggest you all do, it’s the only way that company is going to change.
There is a Facebook page created for victims of Green Tree Servicing, it is informative or advice, and actions to take.
I also noticed Walter Investment Corp. (owns Green Tree Servicing) stocks have been dropping the passed few days. Maybe all the noise we are making is finally being heard. Continue COMPLAINING.
https://www.facebook.com/photo.php?fbid=140039159501502&set=a.140039096168175.1073741827.115654791939939&type=1&theater¬if_t=photo_reply
There is a Facebook page created for victims of Green Tree Servicing, it is informative for advice and actions to take.
I also noticed Walter Investment Corp. (owns Green Tree Servicing) stocks have been dropping the passed few days. Maybe all the noise we are making is finally being heard. Continue COMPLAINING.
https://www.facebook.com/photo.php?fbid=140039159501502&set=a.140039096168175.1073741827.115654791939939&type=1&theater¬if_t=photo_reply
I have never been late in all the years I lived in my house. And if I am made to look like a dead beat so these *^&@^*# can STEAL my house, I will post on Craig’s List a free-for-all on everything in my house, e.i., kitchen cabinets, sink, toilet, heater, radiators, heating system, central air unit, lighting, water heater, copper pipes, tub…anything that can be carried out. I refuse to let these bottom-feeders make money off my hard-earned money. Anyone else who loses their home due to these snakes unscrupulous tactics, leave them a shell.
Our loan just got sold to Green Tree from BoA..we have been on time for 10 years and not late at all. I am scared of this company. Do I pay by my debit card like I have for 10 years, over really, or do I do the bank draft, or what??? Help me
As of March 25, 2013, Notice of Class Action Suit Investigation against Green Tree Servicing:
http://theleonardlawoffice.com/tag/green-tree-servicing-class-action/
Kari, Pay Certified/Return Receipt. DO NOT pay through Green Tree’s automative service – they will take out more than the mortgage payment. Also, do not let them harass you into paying by phone, another $12 fee. See if your bank offers Bill Pay, and see if that works for you. Green Tree like to hold check payments until PASS the grace period, them sock on a late fee.
My letter to GTS attorney today:
Please note 1,052 Complaints and Reviews about Greentree Finance by seeing the below link regarding your client. Also, please note that my attorney will be notifying you as well as Green Tree in the immediate future regarding the laws that they have broken by calling neighbors and former family members regarding my personal affairs. I will be suing for unnecessary harassment and duress and as a long time employee of ________ in NYC who is on PERMANENT LT DI from my employer as well and the U.S.A. government, I will prove that your client intentionally performs acts to confuse and upset mortgagors by practicing illegal business practices according to the FDIC. I will also obtain a Disability attorney who will subpoena mentioned neighbors as well as my physicians and will obtain affidavits from said persons. Also, the following attachments from me will be documentation proving that I have been paying my mortgage diligently since Nov 1, 2005 (closed October 17, 2005) to Bank of America AND until your client took over and I was not notified by any party and continued to pay BOA until the account number became obsolete. After Green Tree was able to UPDATE their records correctly (via a phone call from me) and MAIL my documents to MY address (they missed the unit #115 on the address label for several months,) I spoke to the representative to clear things up as you can suspect, I was unnerved by the fact that I have been a conscientious consumer and debtor who pays her bills religiously on time! I will also be making formal complaints to The Federal Trade Commission (FTC), Housing and Urban Development (HUD) and Federal Deposit Insurance Corporation (FDIC) regarding the consumer protection laws that GTF has broken regarding late mortgage payments as well as GTF unscrupulous business practices that CAUSE the late charges and emotional stress to mortgagors. My bank loan is with BANK OF AMERICA and GTF is breaching my contract with BOA by the illegal and unscrupulous business practices performed by representatives and governed by GTF management.
Unfortunately, father passed away VERY unexpectedly on October 31, 2011 which strangely enough was the day before they took over the loan. I paid a neighbor to care for my unit, get my mail and take care of my dog and fish. My family of three (me and my 2 young sons) went to NY to tend to my father’s affairs which were NOT left in order. We remained there for several weeks and I have been traveling there for extended periods of time throughout the past 17 months and have had limited internet and cell phone service due to the remote area in NY that he retired from Long Island to fifteen years ago. His home is in Belfast, NY. Anyway, my records show that I was paid up when your client took over and their bad accounting and lack of cohesive departmental sharing of pertinent information has wreaked havoc on the former BOA mortgagors here at ______condominiums in Oakland Park, FL. They consistently charge us for insurance that we have had through our Master Association since the community established a HOA shortly after I closed on my condo. This information was passed on to your client and they continually charge us late fees for insurance and escrow when they are the ones not doing their job duties properly. WE are their CLIENTS and their company has a responsibility to provide good SERVICE TO US.
As my documentation will prove, I have been paying your client regularly and their bad accounting is what has created AN ILLEGAL FORECLOSURE which I will also sue them for damaging my credit rating and causing further stress and illness to me because of their illegal business practices that include but are not limited to, harassing clients unnecessarily by calling and bothering and wasting their time as well as NEIGHBORS and FORMER family members of mortgagors, intentionally creating false late charges, imposing false insurance charges and escrow charges based on improper accounting and a lack of a company policy for coordinating their departmental information (accounting and insurance,) intentionally NOT paying ESCROW when the escrow payments have been received, creating UNAPPLIED FUNDS accounts with hundreds of dollars in the account when those funds should be applied to the Escrow and mortgage and intentionally NOT applying mortgage payments to the proper account numbers so the mortgage would be SEEM past due when it truth, it is CURRENT, AND sending out confusing statements INTENDED to cause mistakes by and emotional stress to mortgagors. The interesting part of this story is that they ACTUALLY SUCCEED in their intentional unscrupulous business practices that are set up to collect falsified late charges, insurance charges and escrow charges and CAUSE formerly sane, conscientious and timely paying mortgagors to become emotionally unstable, confused and late and/or incorrect paying mortgagors, hence collecting amounts that are truly NOT due to them! In addition to above and below mentioned items that I will be including in my lawsuit, I will also be suing to be compensated for ALL illegally imposed late charges including interest as well as for time lost and emotional stress while attempting to explain to your client. Please see attached document that provides the legal statutes regarding late charges. The below is a quick excerpt regarding payments which are governed by Federal and state laws govern mortgage regulations about late mortgage payments. The Federal Trade Commission (FTC), Housing and Urban Development (HUD) and Federal Deposit Insurance Corporation (FDIC) enforce them nationally. Read about consumer protections regarding late mortgage payments.
HUD Housing Regulations
Regulations for HUD-insured homes allow for the servicer of the loan to charge a late payment fee 15 days after the due date, in other words not earlier than the 16th day following the due date. For example, if the due date on your loan is the 1st of the month, you are delinquent by the 2nd and a late charge can be assessed by the 17th if your payment has not been received. The loan servicer can usually charge up to 4 percent of the monthly payment as a late fee. Late payments are calculated separately for each month and monthly payments cannot be lumped together. Late payments can also be waived as it is at the discretion of the servicer whether or not to charge a fee in the first place. The borrower should especially have a late fee waived if the payment was late due to no fault situation. Loans that are 30 days past due are in default and could be subject to foreclosure proceedings. Generally these start after 90 days past due. The length of the foreclosure process from first public action to repossession is determined by state law.
I would suggest that you re-evaluate your client base and consider choosing clients that practice scrupulous and legal business procedures rather than Green Tree’s way of business. I would also like this foreclosure TERMINATED and MY credit CORRECTED as well as future legal fees paid by your client as well as past and future damages for increased medical fees incurred due to their harassment, damages for erroneously damaging my credit score, damages for creating increased rates, damages for causing problems with current new car search and purchase, damages for creating blemishes on my reputation which including but not limited to here in the LakeView community, the Broward County Tax Appraiser’s office (Lori Parish is a grandparent at my son’s school and a former volunteer for me at the school, Virginia Shuman Young Elementary, neighbors and former family members, and current and former creditors and business partners. I look forward to creating a legal situation for your client that will punish them for their illegal and unscrupulous business practices to me, my family and all the unfortunate former BOA mortgagors that always paid their mortgages on time and were punished by the unfortunate Real Estate climate CREATED by the banking industry which caused our property values to significantly decrease due to several owners here and in the county dump their homes and walk away because the could not afford their homes TO BEGIN WITH and WE should NOT be penalized for others’ poor and dishonest practices, but this is life and life is not always fair. I CHOSE to stay while I watched so many walk away and BOA obviously needed to clean up their books and a bunch of upside down condominiums on their books was a perfect way to do so. I assume that you will be communicating with your client and me shortly to remedy this situation. My next email will be documentation of current payments scheduled via Bank of America and Apple Bank for Savings to show my good faith EVEN though your client show NONE!!
http://www.hud.gov/offices/adm/hudclips/handbooks/hsgh/4330.1/43301c4HSGH.pdf
Mortgage Regulations on Late Payments
written by: Faith Oh • edited by: Jean Scheid • updated: 5/19/2011
Federal and state laws govern mortgage regulations about late mortgage payments. The Federal Trade Commission (FTC), Housing and Urban Development (HUD) and Federal Deposit Insurance Corporation (FDIC) enforce them nationally. Read about consumer protections regarding late mortgage payments.
Overview
Different regulations apply to different mortgages and there is no one-size-fit-all set of regulations that govern all kinds of mortgages. For example there are mortgages for HUD or FHA homes and these are federally insured. There are also private mortgages offered by different banks which may or may not be insured depending on a buyer’s down payment. These mortgages range from prime (for the most qualified home buyers) to sub-prime mortgages for those with less than stellar credit. Therefore, the best place to get the set of rules that will affect late payments for any kind of mortgage is the security instrument itself, the actual loan agreement. In other words, read the fine print on your mortgage documents. That having been said, there are mortgage regulations about late mortgage payments for lenders and these serve as guidelines for banks when writing mortgage agreements. This article will focus on a discussion of these laws as well as the specific example of mortgage regulations about late mortgage payments as they apply to HUD-insured mortgages.
HUD Housing Regulations
Regulations for HUD-insured homes allow for the servicer of the loan to charge a late payment fee 15 days after the due date, in other words not earlier than the 16th day following the due date. For example, if the due date on your loan is the 1st of the month, you are delinquent by the 2nd and a late charge can be assessed by the 17th if your payment has not been received. The loan servicer can usually charge up to 4 percent of the monthly payment as a late fee. Late payments are calculated separately for each month and monthly payments cannot be lumped together. Late payments can also be waived as it is at the discretion of the servicer whether or not to charge a fee in the first place. The borrower should especially have a late fee waived if the payment was late due to no fault situation.
Loans that are 30 days past due are in default and could be subject to foreclosure proceedings. Generally these start after 90 days past due. The length of the foreclosure process from first public action to repossession is determined by state law.
Truth in Lending Act
The Truth in Lending Act (TILA) became law in 1968 as part of a suit of consumer protection laws and is enforced by the FDIC. It requires lenders to include certain mortgage disclosures in loan agreements. These disclosures pertain to exact costs associated with the loan including annual percentage rate, finance charges, closing costs, total amount borrowed, total payments expected over the life of the loan and the purchase price of the property. While the law does not specifically mention late payments, most lenders keeping in principle with full disclosure of all facts associated with the amount you are about to borrow, will also include details of late payment charges. If this information is not included in your mortgage document, you need to ask for it. Again, read the fine print.
Image Credit: Home Loans UK
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) enforced by the Federal Trade Commission (FTC) is a consumer protection law designed to ensure the privacy, safety and accuracy of your credit information reported to consumer credit reporting agencies by your lender. With respect to mortgage payments, your lender or loan servicer will report the activity on your loan each month, be they payments, late payments and balance on the loan. So if you are late, this information will make it to your consumer credit report and may affect credit decisions made by other lenders, insurers, and even employers. Usually late payments are reported only after you have been 30 days late. You have certain rights under the FCRA such as nobody can request information without your consent and you are entitled to have erroneous information on your credit report corrected.
Fair Debt Collection Act
When you are behind on your mortgage payments, your account may be referred to a debt collector. In some cases the debt collector is another department within the bank and in others, it is an outside debt collector. The Fair Debt Collection Act (FDCA), also enforced by the FTC, regulates how debt collectors conduct their activities and gives consumers certain rights. These include, the right to tell the debt collector to stop contacting you, the right to receive accurate information about the amount you owe, and the right to have payments you make applied to the particular debt that you indicate. Debt collectors are also prohibited from certain behaviors such as harassment, making false statements, and unfair practices.
The Importance of State Law
While the laws and regulations mentioned so far are federal, bear in mind that your state may have other laws and mortgage regulations about late mortgage payments that may apply. If you need help with this, it is important that you contact your state housing agency talk or to your real estate lawyer, or a qualified real estate or mortgage professional who represents your interests.
http://www.consumeraffairs.com/finance/greentree.htm
http://www.brighthub.com/money/home-buying/articles/72937.aspx
Sincerely,
Our loan transferred to Green Tree in October. BOA always drafted our payment in 2 installments (as did the 5 companies before them). The second installment did not draft as the loan was i transition. I called GT and tried to make the payment, but was told the loan wasn’t in the system and to try back in a couple of weeks. I received a call about 2 1/2 weeks later from an account manager named Tom, who started right off demanding the second half of my October payment. He was rude and aggressive and acted like I was months behind. I paid immediately, of course and agreed to the $12 fee since I was paying via the phone. I then asked about setting up my 2 installment payment draft that I have used for the last 17 years. I was informed that this “type of loan” (in a snide nasty voice) wasn’t eligible for auto draft. He suggested I use my bank’s bill pay service, but told me if I “insisted” on paying in 2 installments, then he would be calling me every month to “touch base” and make sure that I would be paying. I asked if he simply could not put it in the notes on my account that I would be paying 1/2 on the first and 1/2 on the tenth and was told that it makes accounting so much more difficult to do two payments and that there was a real chance that accounting mistakes could be made which could result in my becoming delinquent and therefore in default. Our loan has no escrow on it as we pay our own taxes and insurance so the payment is a static amount. I pointed this out and was told that everyone’s payment is subject to change and if he had to go through two postings per month he couldn’t guarantee he wouldn’t miss a mistake. I told him that I’ve never had an issue before and I’ll take my chances. Fast forward to this month. My bank has sent the payments via check because they don’t have an electronic agreement with GT. Each month it has taken the payment longer to post. March 1 payment didn’t credit until the 13th. March 10 payment didn’t credit until the 19th resulting in a late fee. On the 18th I spoke with Christian, who tried to extort $576 from me, ignoring the $288 they had already posted and refusing to believe that the other half was probably already in their hands. He told me that I should NEVER mail a payment because the Dallas postal service was holding their mail 8-14 days before delivering it. He said I’d been told not to mail the payment and therefore it was my own stupidity that caused it to be late. He then said “I will make note that you have refused to pay what you owe and I will be calling you again in 2 days to collect the payment”. He then informed me that if the payment was not received by March 30th they would report my payment as 30 days late to the credit bureau and that the foreclosure clock is set. I then hung up. My payment posted the next day. I called yesterday to ask that my late charge be removed and was informed by a CSR (Leona) that my payment had been marked as received on March 16th. Hmmm… Received the 16th but not posted until the 19th. So why was I getting collection calls on the 18th? I called my bank, who told me that the check had not been presented electronically and since it cleared my account on the 19th, it had to have been deposited on the 15th! This month the payment goes certified mail and cashier’s check. What a bunch of crooks!
For Victims of Green Tree Servicing …
http://victimsofgreentree.blogspot.com/
http://www.facebook.com/pages/Victims-of-Green-Tree-Servicing/115654791939939
http://www.consumerfinance.gov/complaint/
I had a mortgage in good standing w/BOA since 11/05. Suddenly, my payments kick out of bill pay in Nov, 2011. I have only problems with GTS as BOA subcontracted servicing of mortgages to GTS 11/11-since then, i just realized they ruined my credit by illegal accounting and business practices and LYING about escrow and insurance..
I have been in deep depression since i googled and researched GTS and am shocked by the stories that are the same as mine?. They’ve floated my on time payments, LOST payments that i made in full BUT they apparently kept changing my mthly payments due and would not apply my payment unless it was exact-i thought my overpayments would have sped up payment of the loan!! I believe this is the ONLY way they can make money off of BOA mortgagors who have low IR’s and pay on time;.
What outside auditor performed the audit of the transfer and why didn’t GTS have the insurance docs, tax info’. and escrow requirements that BOA gave them with the transfer? As a former public acct for a Big 8 firm right out of college in Manhattan, I believe that this is something worth looking into,. Also, the QWR must provide this I formation if mentioned, right?
I made several complaints last week to the FTC, BBB, CFPB, and the FLS Attorney Office after I received an attorney’s notice saying FORECLOSURE PROCEDURES were beginning!!!! I called GTS spoke to my “rep” for 15 mins explaining their errors in detail (pull my credit history and payments schedule from my 2 online banks & run a tape!) she transferred me after 15 mins on hold and I explained again to a manager (I thought!) who then put me on hold 15 mor mins then to a voicemail message!! 1 1/2 hrs with no results and they wonder why we despise speaking to them..
I haven’t even received statements from them with ANY consistency’. I ignored all calls as they were harassing me, neighbors and out of state family members calling up to 10 x’s/ day?. I was so sick of listening to the ridiculousness of their “scripts” and i NEVER had ONE call from BOA unless it was to respond to my message or question regarding my overpaid escrow each year.
I have OVERPAID GTS & was in the middle of an aggressive new car purchase & from one month to the next, my credit was ruined! I wrote the attorney, but I want restitution and wonder what successful course of action we have. BTW, they sent some Gumba w/a clip board to do an inspection while my children and their friends were playing. I asked him why the HOA didn’t mention anything and I am close with management and BOD and he said that his client was GTS!!!
I am in such a state of despair & frustration after reading the message boards regarding GTS. I also feel it is UNFAIR that we have to spend so much TIME & MONEY for the same loan. There has to be something we can collectively do, right? I am a sole parent mother of 2 on a fixed middle income on permanent LTDI & they are truly making me sicker and scared by their mobster like methods. I am pretty thick skinned growing up in NY and working in Manhattan for 15 years, but my immediate world has turned upside down-I sent my boys to a friend’s Friday night so I could work on this and missed Easter w/them!
Thanks for your time and any feedback would be appreciated especially if you feel an attorney is the best route and you’ve found a reasonably priced and reputable one here in FL.
PS- I wrote up QWR, Cease & Desist and Produce the Note Legal documents that I will send out tomorrow. I also sent them 3x’s my monthly payment due to shut them up on Friday but want to ensure they apply my payments legally.
Come on people, just grow some kahunnas. Like I said in my previous post, don’t worry about Greentree. Just pay your payments and forget about the extra fees. Keep good records and you’ll be OK. They threaten me every month and I just throw the letter in the trash and make my payment. And surprise, they cash my payment and all is well. I still get the same bullshit letter about foreclosure but it means nothing. They prey on your fear but just remember this, I had a sister who died six months ago and I am sure she would rather deal with green tree every day than be dead. That would be fun, dealing with green tree instead of being dead. Life is good. Think about it.
I don’t know where DB2012 got their information, but I went to the BBB site today to check out Green Tree, as I was with GMAC also, and was sold to them and they want to refinance my loan. They are not listed with the Better Business Bureau. Maybe DB2012 works for Green Tree, because that review is easy to find not true.
I think there something that should be cleared up: Why loans are sold. With the many comments of poor treatment at the hands of Green Tree the other main theme that stands out is why would a company sells loan while in the middle of a loan mod or refi.
Individual loans are not sold, loan portfolios are. It may feel that its just a single loan but its not and I highly doubt there are instruments in place to segment the potential loan mods from the portfolio. While it is a pain, and most of the times people have to start over, I don’t think individuals are being singled out to be sold to Green Tree.
With that said and from all the comments that stream in, it appears that Green Tree is steadily building a case against themselves for poor service. If that translates in a credible class action suit against them that remains to be seen. The best people can do is 1. make their payments or be proactive and arrangements if a payment will be missed and 2. be informed about your rights.
I fought for my life and rights and want to thank all of your who have shared your storied and gave recommendations. I was tenacious since receiving “notice of debt” on 3/26/13 and have spent every waking minute reading, researching, typing, filing documenting, posting here and there, more researching-phone calls,etc. I believe I put in 100+ hours easily on this BUT have to report your recommendations worked BUT I have some suggestions to spread it up. I worked all Easter weekend on this and saved all docs and letters as PDFs and uploaded to GTs corporate website WITH my complaints etc and immediately had date and time stamped response from GTS website. Also, I sent ALL said docs to attorney as his notice of debt letter had the email address so I mentioned to both electronically that these are legally sent and received as per your your website and letterhead and outgoing message at your firm but the hard copied of all docs will be CERT RR via USPS and I cc’d RESPA, HUD, FLS AG, BOA, FANNIE MAE, and others, I have to check as I left my desk for bed an picked up the iPad to share so others will benefit. On MOn when I called to confirm that they rec’d my April 1, May1 (and supposed missing sept1) plus extra 50-100k per month towards principal, payment deposited as my banks have notified me of and all is well (close to 3k) she emphatically states NO and after 4 days of hangs ups, bullying, lying etc. I never quit and continued to email all mentioned acronyms above every time she refused to work with me. This continued until a 3 way w/BOA on TH where she screamed at me WHY ARE YOU CALLING with BOA? I told her BOA emailed me about following up on their attempted 3 way call the previous day but I was on phone with GTS CUST SERV on hold. I documented over 6 hours on Wed on the phone wGTS reps ALL who saw the $4k in my suspense and no matter how hard each one of them tried to work it out, all calls and dirt roads lead to same rep who was obviously blocking me- this was like a financial horror version of Groundhog Day or clockwork orange where you are forced to watch the horror….each call lasted 1-1 1/2 hours and always resulted with the same – her vm and I LEFT MESSAGE EVERY time or the Cust serv rep saying to call her or attorney. I forced her hand asking her to cancel payments on my checks supposedly sent back AND TAKE my money out of suspense b/c it is ALL ther b/c GTS reps ALL see it and by the time they see it and read and read and get to the bottom where rep with a mission to put my principal total balance in her monthly totals, must have wrote something on my files…not rocket science. She tells me that Mam, you know I cannot do that, don’t insult my IQ, ANd I reply that I was a NY Public auditor and consultant in manhattan with biggest big 3 firm right out of college so I KNOW policies and procedures for depts and inter depts and all about suspense accts AnD the big picture that BOA and others want these upside down props off their BS and that her boiler room numbers monthly contest WILL NOT HAVE MY LOAN IN HER NUMBERS and I want any superior at GTs to speak to me and the BOA CS mortgage rep from my inquiry on elect. Payments to confirm right now that it is documented that I have relentlessly pursued immediate remedy when I realized my error and your subsequent jump on the fast foreclosure bandwagon to push my acct into 60 days late by floating and putting money in suspense-we want explanation without you hanging up again why you cannot keep the almost $4k in susp and take the 3k that you forced me into default (1k was mthly princ over pymts NOTnbeing applied to princ) and stop payment on the other 1k that you supposedly sent mid month back so you would cover yourself that I was in default NOT knowing that I wanted to start aggressively paying down princ and was overpaying so much with my tax return in feb/mar. I BEGGED her, i was crying profusely b/c she had NOT budged a milimeter in 10 days, to unrequest the request to return funds and save us all time and money. You are a financial intitution. I wrote code with programers to get whatever i wanted for front end output for various reports and ins and out of thousands of accts within a co. YOU please DO NOT insult MY IQ. She put us on HOLD for 10 mins while we wondered what to do or is she returning, and I cannot even begin to explain how different she was- it was surreal. Like June Cleaver!! Her inflection, demeanor and accent and pattern of speech completely transformed and she asked me to call back after 5 b/c she put I request in but has to wait for peer to return from wherever to see if it is not too late..I called at 5:30 and miraculously the payments sent on 3/29 were able to stay with GTs AND I unfortunately have to wait for the 3/14 check to come in the mail (I will deal later) but if I pay ~$500 for this and that by moneygram I will be current and out of foreclosure. That was last night. We had tornado alerts here in soflo and I could not see 5 inches in front of me driving so I came home and realized you can $gram online to GTS.
Well, battle one was won, but I have so much to do once I see that QWR, the note and dig for china so to speak, lol. I know I will cover many discrepancies and bring them to small claims if they do not refund or credit. I also have proof that my 3/14 check was deposited for March but b/c she wanted my princ bal in her totals, she pushed me into foreclosure using the payment that kept me out by returning it for HER GAIN. Any expenses incurred based on this pseudo foreclosure that I am billed will be concisely disputed with exact documentation of the timeline and how not only a paper trail but a phone and digital trail confirms my honesty and her dishonesty. I am weary and there’s a price to pay for peace, but I believed I was paying for peace by my monthly overpayments, but in the end peace will come that I chose to do what is right and fight for our rights because WE did NOT over borrow and let us say that some owners did overborrowed, the LENDERS leant and NOT GTS. It ISSSSS YOURRRR home. Do NOT let the pschological warfare tactics used to belittle and unnerve you cause you to crack and not realize your rights and not realize the tools you have at your disposal to counter attack. If it is too overwhelming for many and you cannot produce your own legal docs and don’t have the money, you can look to,local legal aid or pro bono and we can also even work together to,help,each other out once trust is established and volunteer our talents to those who need them. I did VITA in HS, I know that for many, law, IRs, threats and numbers scare people often into procrastination or paralysis-me too. This forced me into action when I realized how much of a formidable opponent I was dealing with when all along I was naive enough to believe they were to service my loan NOt force foreclosure. I was ripe for it because I always pay on 14 and I DID not find a sept payment for 2012 when I audited my accounts 3xs in2 days but it still be hooves me and i didn’t yet click on every transaction to see elect check or fiche of transaction. One thing at a time. I realized that by missing sept that was 30 days then oct 14 payment created 44 days. I was easy prey. After several months and probably short for quota, she realized that all she needed was 16 days more to get me into 60 late and for BOA serviced loans by GTs 60 days is Dday (all others 90) so she decided at some point to take that 3/14 payment and request it to be returned hence now i am 60 days LATE and offically in default and att letter will go out and such. It was that fast and easy.
Do fight for your home with a few critical items- C&D, Produce the Note and QWR and document everything digitally and cert ret recpt USPS. You will be less vulnerable and not on top of hit list.
http://www.operationrest.org/iPhone/iContentPage.aspx?PageName=CustomPage91.x
Something helpful I found to assist the new faster foreclosure process. I also read on the hedge fund groups such as blackstone that are partly behind the predatory servicing we are experiencing. It is so much bigger than our individual mortgages and stories. It is complex and begins with the crisis itself and the industry’s response to the crisis and our unfortunate connection to it all.
Update to my previous email with links and more concise to do list and thank you’s:
Just wanted to give you all an update-I had written a big post Fri evening but as I was searching for useful links, I lost the tab in my iPad,, here is a post that I put on another site:
http://www.barnettassociates.net/green-tree-servicing-llcs-scare-and-threat-tatics/
MELISSAJFL SAYS:
April 6, 2013 at 1:08 am
I fought for my life and rights and want to thank all of your who have shared your storied and gave recommendations. I was tenacious since receiving “notice of debt” on 3/26/13 and have spent every waking minute reading, researching, typing, filing documenting, posting here and there, more researching-phone calls,etc. I believe I put in 100+ hours easily on this BUT have to report your recommendations worked BUT I have some suggestions to spread it up. I worked all Easter weekend on this and saved all docs and letters as PDFs and uploaded to GTs corporate website WITH my complaints etc and immediately had date and time stamped response from GTS website.
Also, I sent ALL said docs to attorney as his notice of debt letter had the email address so I mentioned to both electronically that these are legally sent and received as per your your website and letterhead and outgoing message at your firm but the hard copied of all docs will be CERT RR via USPS and I cc’d RESPA, HUD, FLS AG, BOA, FANNIE MAE, and others, I have to check as I left my desk for bed an picked up the iPad to share so others will benefit. On MOn 4/1/13 when I called to confirm that they rec’d my April 1, May1 (and supposed missing sept1) plus extra 50-100k per month towards principal, payment deposited as my banks have notified me of and all is well (close to 3k) she emphatically states NO and after 4 days of hangs ups, bullying, lying etc. 4/1-4/4, . I never quit and continued to email all mentioned acronyms above every time she refused to work with me.
This continued until a 3 way w/BOA on TH where she screamed at me WHY ARE YOU CALLING with BOA? I told her BOA emailed me about following up on their attempted 3 way call the previous day but I was on phone with GTS CUST SERV on hold. I documented over 6 hours on Wed on the phone wGTS reps ALL who saw the $4k in my suspense and no matter how hard each one of them tried to work it out, all calls and dirt roads lead to same rep who was obviously blocking me- this was like a financial horror version of Groundhog Day or clockwork orange where you are forced to watch the horror….each call lasted 1-1 1/2 hours and always resulted with the same – her vm and I LEFT MESSAGE EVERY time or the Cust serv rep saying to call her or attorney.
I forced her hand asking her to cancel payments on my checks supposedly sent back AND TAKE my money out of suspense b/c it is ALL ther b/c GTS reps ALL see it and by the time they see it and read and read and get to the bottom where rep with a mission to put my principal total balance in her monthly totals, must have wrote something on my files…not rocket science. She tells me that Mam, you know I cannot do that, don’t insult my IQ, ANd I reply that I was a NY Public auditor and consultant of fortune 100 corps. in manhattan with biggest big 3 firm right out of college so I KNOW policies and procedures for depts and inter depts and all about suspense accts AnD the big picture that BOA and others want these upside down props off their BS and that her boiler room numbers monthly contest WILL NOT HAVE MY LOAN IN HER NUMBERS and I want any superior at GTs to speak to me and the BOA CS mortgage rep from my inquiry on elect. payments to confirm right now that it is documented that I have relentlessly pursued immediate remedy when I realized my error and your subsequent jump on the fast foreclosure bandwagon to push my acct into 60 days late by floating and putting money in suspense!!
We want explanation without you hanging up again why you cannot keep the almost $4k in susp and take the $3k that you forced me into default (1k was mthly princ over pymts NOT being applied to principal) and stop payment on the other $ 1k that you supposedly sent BACK mid month back so you would cover yourself that would show that my March payment received on 3/14/13 that i SENT AND YOU DEPOSITED would be RETURNED and push/prove I was in default. YOU DID NOT know that I wanted to start aggressively paying down princ and was overpaying so much with my tax return in feb/mar. that your plan backfired as you had so much of my money deposited in your and you CHOSE NOT TO APPLY it to my mortgage but rather put it in suspense AND SUPOSEDLY RETURN my 3/14 payment in form on online banking bill pay that came to you in the form of CHECK ( I REALIZE NOW TO ALWAYS GO VIA BOA ONLINE bill pay B/c YOU CAANOT float my payments NOR can you deny receiving payments on time!!!!
I BEGGED her, i was crying profusely b/c i was truly frightened and she had NOT budged a milimeter in 10 days, to unrequest the request to return funds and save us all time and money. You are a financial intitution. I wrote code with programers to get whatever i wanted for front end output for various reports and ins and out of thousands of accts within a co. YOU please DO NOT insult MY IQ. She put us on HOLD for 10 mins while we wondered what to do or is she returning, and I cannot even begin to explain how different she was- it was surreal. Like June Cleaver!! Her inflection, demeanor and accent and pattern of speech completely transformed and she asked me to call back after 5 b/c she put I request in but has to wait for peer to return from wherever to see if it is not too late..I called at 5:30 and miraculously the payments sent on 3/29 were able to stay with GTs AND I unfortunately have to wait for the 3/14 check to come in the mail (I will deal later) but if I pay ~$500 for this and that by moneygram I will be current and out of foreclosure. That was last night. We had tornado alerts here in soflo and I could not see 5 inches in front of me driving so I came home and realized you can $gram online to GTS.
Well, battle one was won, but I have so much to do once I see that QWR, the note and dig for china so to speak, lol. I know I will cover many discrepancies and bring them to small claims if they do not refund or credit. I also have proof that my 3/14 check was deposited for March but b/c she wanted my princ bal in her totals, she pushed me into foreclosure using the payment that kept me out by returning it for HER GAIN. Any expenses incurred based on this pseudo foreclosure that I am billed will be concisely disputed with exact documentation of the timeline and how not only a paper trail but a phone and digital trail confirms my honesty and her dishonesty.
I am weary and there’s a price to pay for peace, but I believed I was paying for peace by my monthly overpayments, but in the end peace will come that I chose to do what is right and fight for our rights because WE did NOT over borrow and let us say that some owners did overborrow, the LENDERS lended and NOT GTS. It ISSSSS YOURRRR home. Do NOT let the pschological warfare tactics used to belittle and unnerve you cause you to crack and not realize your rights and not realize the tools you have at your disposal to counter attack. If it is too overwhelming for many and you cannot produce your own legal docs and don’t have the money, you can look to,local legal aid or pro bono and we can also even work together to,help,each other out once trust is established and volunteer our talents to those who need them. I did VITA in HS, I know that for many, law, IRs, threats and numbers scare people often into procrastination or paralysis-me too.
1. C&D -Cease & Desist
http://www.operationrest.org/iPhone/iContentPage.aspx?PageName=CustomPage114.x
this will immediately prevent them from bullying you and using their little book of tactics to force you to submission and into confusion. They received mine immediately via upload to corp website and email attachment to lawyer-I mentioned follow up USPS. The rep asked me to remove it on day when they put my acct into current status.
2. RESPA QWR- Qualified Written Request –
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/ramh/res/reslettr
PLEASE NOTE – DODD FRANK amendment to RESPA has changed dates and times FOR BORROWER’s benefit!!
READ CAREFULLY the below 2 links AND make sure to click on links within the 2nd link below to see summaries by CFPS!!! GREAT STUFF. BOOKMARK FOR FUTURE ref!!!
http://www.respanews.com/rn/doddfrankamendments.aspx
http://www.consumerfinance.gov/pressreleases/consumer-financial-protection-bureau-issues-rules-to-strenthen-protections-for-high-cost-mortgages/
3. Produce the Note- Also, this provides you with necessary information regarding your note. GTS MUST have it in their possession!! The below link explains this as well as has links for sample letter that you can save and edit for you needs.
4. Revocation of power of Attorney and…
You will see the explanation of this on the 3rd bullet down and MUCH MORE GREAT TO DO’s
http://www.operationrest.org/iPhone/iContentPage.aspx?PageName=CustomPage39.x
You posts and recommendations and shared horror stories forced me to realize that i was NOT IMAGINING something WAS FISHY & forced me into immediate action when I realized how much of a formidable opponent I was dealing with when all along I was naive enough to believe they were to service my loan NOt force foreclosure.
I was ripe for it because I always pay on 14 and I DID not locate my sept 2012 payment when I audited my online bank accounts 3xs in2 days but it still behooves me and i didn’t yet click on every transaction to see elect check or fiche of transaction. One thing at a time. I realized that by missing sept that was 30 days then oct 14 payment created 44 days. I was easy prey.
After several months and probably short for quota, she realized that all she needed was 16 days more to get me into 60 late and for BOA serviced loans by GTs 60 days is Dday (all others 90) so she decided at some point to take that 3/14 payment and request it to be returned hence now i am 60 days LATE and offically in default and att letter will go out and such. It was that fast and easy.
Do fight for your home with a few critical items- see above for explanations and links for samples:
1. C&D,
2. Produce the Note
3. QWR
4. Revocation of power of attorney
5. Criminal complaint of fraudulent practices
5. Historically document everything
Be sure to digitally provide this information and upload to website and email attorney mentioning that hard copies will follow cert ret recpt USPS.
All of this will empower you.
You will be less vulnerable and not on top of hit list.
Some of you as I have read, caved due to bullying and psychological tactics and GAVE YOUR HOME away due to 60 days of pseudo lateness because you were frightened, confused and believed GTS. You most likely have recourse to sue for the return of YOUR HOME!!!
PLEASE NOTE- I did attempt to contact GTS and remedy this situation prior to hitting the boards. I feel truly thankful for having the capacity to read all that you so generously shared.
I want to personally thank VICTIMS OF GREEN TREE on Facebook that shared the blog and posts daily on FB as well as the numerous other sites and although I was confused and overwhelmed on day 1&2, by continuing to follow suggested steps, you were instrumental in saving my sanity and my family’s home as well as a continuing future nightmare and lack of sleep for another 11-……fill in the blank number of days!!!!
I also want to personally thank a webmaster pal that after a leap of faith where I personally emailed said person, and in return was informed, warned and frightened into an even MORE immediate action.
You both along with countless others (including my cuz’s former GTS sup. friend who confirmed my gut and offered specific recommendations) afforded me the ability to catch up on sleep peacefully this weekend and recharge for the next battle!!!!
Good luck to all!!!!
We too got a letter from Green Tree two weeks ago saying they would now be servicing our mortgage, which used to be by BoA. Didn’t see this coming and talked with BoA — first lady explained that it was just an investment decision from 3rd party investor who held the mortgage. BoA had no control over the decision. But I wanted to know if we refinanced with BoA would they they themselves service it — I really like their no hassle online banking. So the first lady transferred me to BoA’s refi line, and asked that question – the BoA lady said we’d be better refinancing with Green Trees, as they would have more services appropriate for our mortgage. A bit shocked, I asked her what services would these be? She said, “you know, HARM “, and listed some other acronyms for services for troubled mortgages. I pointed out I’ve had my mortgage with SeaFirst and then when they bought SeaFirst, by BoA for over 20 years and there has never been a problem, so why would I be looking for such services? She said she didn’t know what the criteria are exactly but, with a hint of distaste in her voice, she was sure Green Trees is an appropriate servicer “for your sort of mortgage”. So there you have it — even if you have had no trouble with your mortgage, but your mortgage was in a “tranche” with more troubled mortgages, once you are with Green Trees, as far as BoA are concerned, you are seen as holding a troubled mortgage.
As Green Tree themselves emphasize in their long transfer letter — they are a debt collector. So we are not dealing now with a finance company that feels they have entered into a mutually beneficial agreement with us– we are dealing with a company that sees us all as proven or likely deadbeats and treats us accordingly.
Refinancing with a real bank or credit union is the only way out — though certainly not with BoA who, despite having all my bank accounts – personnel and business for over a decade – when it comes to my mortgage, treat me like they are glad to be rid of me.
Green Tree is the most inadequate, unprofessional, pretator! I’m not behind, I have an issue with how they purchased the loan to my property which is in probate and I am executor of said estate. They have verbally abused me, said horrible things about my deceased partner and they call 20 times a day up until 10pm. I’ve had it with these adsholes and have no shame in telling them to “F” off. There game is to get you to refinance with someone else and charge you extra fees and tag on additional fraudulent fees! Where is OUR bailout to the tyrant which is corrupt GreenTree Mr. Obama?
I am glad I found this site. This last December my husband died suddenly. He was our sole source of income. Although I am disabled and have not worked for several years, I was able to find a part time job I can handle. I am 58 and although my husband was collecting his SS, they informed me that I don’t qualify for survivor benefits until I reach the age of 60. I immediately contacted GT to let them know that we were in good standing with Green Tree and have made our payments on time each and every month for the 8 years we had the loan, I would have trouble making our payment now and could they please work with me.
After much discussion with a rep from Green Tree, I was asked to produce several documents in order to qualify to settle our loan for a lump sum, since my husband left a very small IRA. After 2 months I was told I was denied. Then I was asked to submit another package of documents to qualify for a modification. After 2 more months and many, many, many phone calls asking for full payment, they finally told me I was denied for this as well. I then decided that I would begin paying what I could afford each month and have done so since March 1st. Losing my home is the last thing I can deal with right now. I am overwhelmed with grief and fear. What more can I do?
I see I need to get a refi done sooner than later through another mortgage company. One of my mortgages was recently transferred to GT. I’ve been very proactive in trying to pay my bill before the due date even though they haven’t sent me one yet. I finally got through to customer service to ask some questions and even though they didn’t have all my info yet, they swore I have 60 days to make first payment…blah blah blah. We’ll see.
My family has and is still going through the same problems with Green Tree Servicing, LLC the mortgage service arm of Walter Investment Management Corp. We started trying to do the mortgage modification on our own, but Green Tree made it impossible. We turned to Fannie Mae to submit our paper work and deal with Green Tree. Fannie Mae has better luck dealing with Green Tree than we will. We also filed 6 complaints with every North Carolina and federal agency you can find. We are currently still under foreclosure, but still fighting for modification. In some states Chapter 13 Bankruptcy is really the only way to keep your home, if you feel it’s worth keeping. Bouncing back from bankruptcy this day and time isn’t as bad as it used to be. So, you will have to drive a crappy car for a few years, who cares, at least you have your home. Keep in mind when calling Green Tree, the people that answer the phones are the collections people, they hate their job, they aren’t qualified to do anything else besides work in cubicles. Most of them probably live in extended stay hotels or apartments. They are using a caller ID system that matches incoming calls (your home phone number) with the mortgage account and a rep at Green Tree that is assigned to certain accounts. Only talk over the phone when you have too, write letters as others have said (we know they lie over the phone) or just don’t have a clue what they are talking about. When calling use a different phone besides your home phone (this throws them off, they don’t know how to act..LOL)..
Contact information for the organizations we reached out to:
This information is public and available on the internet. The ticker symbol Walter Investment Management Corp is “WAC”, they are a publicly traded company.
Walter Investment Management Corp.
3000 Bayport Drive Suite 1100
Tampa, FL 33607
Phone: 813-421-7600
Fax: 813-281-5635
Denmar J. Dixon Vice Chairman of the Board, Executive Vice President
Charles E. Cauthen Chief Financial Officer, Chief Operating Officer
Keith Anderson President and Chief Executive Officer of GTCS Holdings, LLC
Kimberly A. Perez Senior Vice President, Chief Accounting Officer
Whitney Finch Vice President – Investor Relations
Brian Libman Chief Strategy Officer
Steven R. Berrard Independent Director
Ellyn L. Brown Independent Director
Alvaro G. de Molina Independent Director
Green Tree 345 St. Peter Street St. Paul, MN 55102
Federal agencies:
Consumer Financial Protection Bureau P.O. Box 4503 Iowa City, Iowa 52244
Fannie Mae 3900 Wisconsin Avenue, NW Washington, DC 20016-2892
Consumer Protection Division NC Department of Justice 9001 Mail Service Center Raleigh, NC 27699-9001
Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580 (202) 326-2222
UPDATE-BOA has personally followed up with me via phone and email via website to see how GTS is handling situation etc. LET BOA know what is going on VIA BOA online message center by doing inquiry on your payments online. Let them know.
BAC loan servicing debt collectors and Greentree Servicing debt collectors are both part of the same Walter Investment Corporation. They are not separate although they would like for you to believe it so they can play you and really do nothing to help anyone. It is a scam! Do not trust either one of them!!!!!!!! Corruption and Collusion. . . . .should be illegal and I’m sure it is. Who cares? That’s what I want to know.
We have tried since November 2011 for a mortgage modification, up to that point they called our home phone leaving threats on the voice mail, they called my cell phone and left nasty messages. We finally filled complaints with the NC Dept. Of Justice Consumer Protection, all the fed agencies, and the parent company of Green Tree, Walter Investment Management Corp. After filing a complaint with Fannie Mae, we were informed that Fannie Mae would file the paperwork for the Mortgage Modification. This doesn’t mean it will clear, it just means we didn’t have to put up with the harassing, rude and intimidating language from the Green Tree employee’s. Fannie Mae doesn’t handle every mortgage but they do handle a bunch. Find out if your mortgage is backed by Fannie Mae at the Fannie Mae web site. This is the kind of stuff Senator Elizabeth Warren has been grilling big banks about, illegal foreclosures and excessive fee’s placed on mortgage customers. At one point we were told we had to pay before we could start the HAMP or HARP program (which is not true), don’t let anyone from Green Tree Servicing make you pay a fee or even missed mortgage payments. The mortgage assistance program are in place to help distressed homeowners, the bank and servicers that are participating, are doing so because they “the bank or mortgage service company” held their hand out for a government bailout during the financial crash. If I remember correctly, we the people of the United States bailed out the banks. If you need reminding, TARP was the program that bailed out the banks and mortgage companies. BOfA and Green Tree are on the list of banks that held their hand out looking for financial assistance.
I have had a mortgage with GTS for about 6 years. I had not gone past 30 days and was recently was hoping to modify, AFTER being told that they don’t modify. In January, we fell behind over the 30 days, and were going to work out a payment for it. In February A lady, name Teresa I believe, had said “Just get your modification paperwork in. Let me ask my supervisor if we can get your January payment deferred.” She did. Then she said, “you know I can’t promise, but I might be able to get your February payment deferred as well. Let me see.” She came back about 10-15 minutes later and said, “It took some work, but I got them to ok it.” Today, they tell me that I’m 78 days past due!!!!!!! Why weren’t they calling me before??? Hmm, BECAUSE THEY DEFERRED MY PAYMENTS!!!!!!! What can I do?
Oh My, I just received a taste of GTS’s so called customer service. I too am coming from BOA of whom I haven’t had any problems with.
I have been on an amortization schedule paying twice a month before the 10th of each month with no problems for years. Now no amortization they are adding escrow into my payment in which was ALWAYS handled through the bank twice a year and the contract that I signed stating that to my knowledge was still in effect!
So, I was told to “just pay the extra 60+ dollars until all of the paperwork came in to verify against”. Oh, no problem i’ll just go out and pick the money from the trees!
One minute when I was trying to explain my contract setup the “manager” called me “sweetie” and spoke to me as though I was in second grade telling me that escrows fluxuate which is why I must now pay extra with my payment. Never mind that I hadn’t EVER done that before.
In the midst of EVERYTHING isn’t this just what we all need…
My mortgage was sold to green tree this past feb. Yes when it was sold we were behind due to a rough period and we were at the time working on getting caught up. less than two months after our mortgage was sold to green tree we were paid up to date. However, getting an exact amount to make us current and up to date was impossible. Every person we talked with gave us a different amount to make our mortgage up to date sometimes the differences were as much as 1200 dollars. We had them send us a formal letter stating the exact amount we needed to be current on our mortgage. After we received it we called to confirm and paid the total amount due including late fees, past payments and what ever other fees they added on. Now three months later they still have yet to send us a monthly billing statement, and we have called everyweek to attempt to get one. Also they are adding on fees and charges at random making every payment different. We have had a tough few years and I am aware that when your behind nothing is easy, but we have dug ourselves out of that hole and are still getting charged nonsense fees when our payments are not late. I would think by the fourth month we would have received a statement, I also am getting tired of having to pay an additional $12 when I call in my payment because we have not received a statement. Most of all I am tired of paying a different amount every month with no paperwork, letter, statement, etc. to give a reason why. I will end on this , yes the first month with this company I was behind, the second month I paid the bill up to date and made it current. Still no statement, and every payment is different and paid on time. My situation leaves me stuck with this company, and I really wish I had other options. I am frustrated.
One more thing to add to the Green tree file.
We received a notice that as of Feb 1 our GMAC mortgage will be serviced by Green Tree.
We never heard of them so the next day we went to our local bank to refinance.
One thing, we never have been late for a mortgage payment…ever!
March 28 2013 we closed on the mortgage with our local bank.
The funds were send by FEDEX, tracking number noted and assumed everything was fine.
April 15th Malcolm from Greentree called looking for money.
We told him Greentree no longer has our mortgage.
We were passed around to different collection agents and at that point we hung up and called the lawyer and the bank. They informed us that they send the pay-off March 28 and was received by Gree tree…with a signature noting that they received the check.
The banks lawyer called Greentree and provided them with the name of the person who received the cashiers check. That was yesterday, tonite Malcolm calls again, rude as ever. I asked him why he was calling. He wouldn’t answer, saying eh “wasn’t playing games.” I asked him twice more why he was calling…he wouldn’t answer me…I hung up.
We’re just leaving it up to the lawyer at this point, they were suppose to call him back.
And guess what, you can’t cancel a cashiers check for 90 days.
So now we can look forward to more harassment. But we’ll get back at them…stay tuned!
I too, am so glad I found this site. Too bad it is for our collective issues with Green Tree’s behavior and business practices. Thanks so much for all the helpful links.
Everyone with complaints about Green Tree please go to this site and let them know. This site has already filed a class action lawsuit against them and has an ongoing investigation into GT’s business practices and are looking for any information people may have on them.
http://theleonardlawoffice.com/2013/04/03/complaints-about-green-tree-servicing/#more-3431
My mortgage was sold by BOA in Oct of 2012. I received a letter from BOA in very late Sept saying that the new company would contact me, but any payment after Oct 1st would no longer be accepted through them. So, I held it because Honestly I didn’t have it on the first. I heard nothing from Green Tree until Nov 11. SO I had both payments and sent them a check. Well the check didn’t get posted in their account until after the 16th because I received three different calls on the 16th and 17th from three different states. I work at home watching kids, so I don’t answer numbers I do not know cause I am frankly tired of “Rachel from Credit Card Services and her scams.” And Fundraisers who won’t take no for an answer, so I screen my calls. Well the calls stopped after the 18th so I didn’t think anything about it. In Dec I mailed my payment again before the 16th but I guess not soon enough. And yes I know that’s ‘late’ but I get part of my tuition from clients from the state and they don’t pay me on the first. The calls came again. I finally ‘googled’ the number sure enough Green Tree. That was when I started to see all the complaints from them.
I have had nothing but issues from them since day one. Calls from multiple numbers, callers calling my husband at work even after they were told if they continue to call his work he will be fired and then they will not have their money. I have never gone 30 days late. Close a few times but never over. They have tried saying my first two payment to them were reported to credit agencies as late…found out they can’t do that, called them on it, and the Manager Eunice, backed off on that one. I may not pay on time, but I am never more than 15-20 days late. They have threatened to call neighbors, family, my husbands work. They have lied saying they will ruin my credit, and lied about being able to call multiple times, saying if we want it to stop pay your bill. They forced me to put a 35$ stop payment on a check, and pay them over the phone including their 12$ online/phone fee, then called harassing me as to why the check I send was cancelled. Even though when I explained to the Eunice, that another manager told me to do this, she hadn’t even opened my account to see the note, cause low and behold as I started my story she sees the note. The last straw was this month, they called at 11 am on the 16th I didn’t answer and they immediately called my husband at work, after being told he will be fired for getting calls at work, looking for my payment. He called me, I called them. I had to give them the check number on the phone saying date mailed etc. Lady says ok will make a note, and if we don’t have it in 10 days we will be calling you again. I reminded her they had better not call him at work, she says yes mame I see the note here. Two days later I get a call and so does he again. I jump back onto the phone looking for the lady who had just called, Eunice, the extension she gave me goes to some other lady and her mail box if full. So I called the switch board. Lady pulls up account, I explain the story about the check number given and so on, she says, yes I see the note, not sure why you got a call, I will note you called back.
Thanks so much to all of you for posting here. We were notified a few days ago that our mortgage was one of 900,000+ bundled and sold from BoA to Green Tree. I have worked hard since hearing to fight the sale, as I have a better sense of how terrible it might be after May 1. Really grateful to all of you for the detailed accounts of their unethical practices and fraudulent pursuits of people. I spoke with everyone from our state’s attorney general’s office to the CFPB, and tell me that I have to wait until Green Tree commits acts against us before fighting them. I will continue to make the assertion that a borrower should not be forced into a mortgage with an agency as unscrupulous as Green Tree. And until I can refinance away from them, I’ll be documenting everything.
Thanks again, everyone.
Green tree is nasty and has the worst customer service of any company I have ever dealt with. They bought out my loan, never sent an invoice or payment info and then started harassing me for not paying…even though I had no idea where to send the payment. They are the absolute WORST.
Does anyone have a employee directory for this company? I would love to get my hands on one with their home phone #’s They would be screening my calls!
Our mortgage was sold to greentree as well when GMAC went bankrupt. From the start, it was no picnic! The transfer process was extremely sloppy. I can’t believe it was GMAC that created the problems, as we had dealt with GMAC for many years and never had an issue with them – even when we had to do a loan modification.
Unfortunately we went through the loan mod and finished our trial period a month before we were moved to Greentree. Thankfully we weren’t still in the trial period, I have NO idea what nightmare might have ensued if that were the case! But we made our first payment on the permanant loan plan with GreenTree. At first things went somewhat ok, although dealing with customer service was pretty horrendous. In the long run I was able to get my questions answered, and although the customer service rep we were ‘assigned’ to had little phone manners or class, the calls always managed to end on a fairly reasonable tone.
However, after a month or so our statements began to show that we hadn’t made payments (even though we had.) Another extremely scary call to customer service resulted in them stating that they had no record from GMAC that our permanent loan modification was in force. They were treating us as though we were still on a trial period, and since our payments were not made by the 1st of the month, it was considered default and according to their system, we were in danger of losing our loan modification. Customer service assured me that they were only waiting on papers from GMAC and once the papers were recieved, we would be all set. (This was after a 30 minute phone call, in which a prior customer service agent was EXTREMELY threatening and rude.)
We are still receiving paper statements that our account is several months past due, however our online account shows our payments as current, which gives me some hope.
The interesting part (and the previous posts cleared this up a LOT) is that the customer service rep used our loan mod agreement to tell us that there was no longer a grace period – if we payed past the 1st then we were in danger of losing our permanant loan status. I did not understand this as GMAC had assured us several times that only our payment amount had changed, we still were due on the 1st and had a grace period through the 16th. I even found in writing where our paperwork stated that we could only lose the loan modification if our payments were 60 days late – however this company seems to pull out ALL the stops – including lying- to get people to pay by the 1st.
We too begin receiving letters in the mail before the grace period is even through that our loan is in danger of default and we must correct the matter. I KNOW there are laws to protect us, and that it varies from state to state … but trying to talk to GreenTree about it is about like banging your head against the wall.
I could say a lot more – This company really really scares me and I do not like having to do business with them at all. I will probably have to call them again on Monday and I am NOT looking forward to it. I am praying that our credit is better soon and we can transfer our mortgage to a different lender in a year or two.
I am also interested in following any legal action taken against this company. There must be SOMETHING that can be done?
And in response to the poster who said that Greentree requesting money from past due mortgage holders is reasonable – and that the BBB was able to resolve most complaints with GreenTree – they did not happen to mention that there are well over 1000 complaints to the BBB filed against greentree, and of those many remain unsatisfactory.
Still having problems with Green Tree Servicing? We met with an attorney here in North Carolina, we were advised to file complaints with all the normal consumer affairs organizations, but also file a complaint with your states Commissioner of Banks. Every state has a commissioner of banks that license mortgage service companies, banks and other lending institutions.
Good recommendation DTH and speaking with legal council is probably the best first step.
UPDATE- You think you are winning because you won one battle, but take a look at my newest issue-I personally created and sent C&D, PoN and QWR and today upon inspection, the below is discovered!!!!
In response to my QWR, I audited my transactions and mysteriously, on 4/23/13, 2 payments with INSURANCE codes for $1,125 and $200 hit my acct. I call up to let them know that MIRACULOUSLY, after 49 days MIA the $850 that I paid from my NY bank on 3/14/13 that disappeared and pushed me into default, was paid to me on GTS check dated 4/25/13 after calling every week on Friday for 7 weeks. I FINALLY involved my NY bank, and joila, my payment is paid back to me…..the same check they received and cashed back on 3/14/13 but never applied to my acct # and said MY CHECK was RETURNED!!
Well, those 2 above amounts erroneously coded for INSURANCE are for LEGAL FEES!!! I have not had any legal contact except 2 forms letters dated 3/21/13 received on 3/26/13 for “Notice of Debt” and “Notice of Default.”! They were form letters.
After 1 1/2 hours discussing above issues today, she tells me they just “code ” legal as insurance!!! Also, she says, we don’t have your insurance policies on file so you better hurry and get them taken care of ASAP (the policies were sent by HOA insurance broker way back when!!)
They are now retaliating for all of the work I did to protect myself by hitting me with false hidden charges!!!!! I now have to dispute all of the above and spend MORE time dealing with this. I think it is time to hire someone!!! I literally was sick for 3 weeks from this already!!!.
They are sooooo infuriating!!
This is an interesting case involiving GTS (lost case) here in FL.
http://4closurefraud.org/2013/03/07/charley-v-green-tree-servicing-fla-4th-dca-problematic-that-two-different-plaintiffs-filed-separate-actions-to-foreclose-on-the-same-mortgage/
Has ANYONE SEEN THIS????
I had asked around looking for answers as to GTS play on pushing honest mortgagors into foreclosure and was told they are not in the business of sales….take a look a THIS GTS LINK!!!!
https://gtbid.gtservicing.com/GTbid/help.html
I quit paying these idiots two years ago. I actually got them to hang up on me when they called looking for payment. I will never pay them another dime. They threatened foreclosure, but with the 1st upside down, I know they are talking out their ass. Piss on Greentree, stop paying them, people!
I’ve been thinking about what to do with the terrible situation created by Countrywide, BAC and Greentree Servicing. Where should I turn now after exhausting all resourses available through loan modification promises and resulting failures? Fannie Mae tells me that I do not even qualify for deed in lieu for mortgage release with the GTS first, because BAC kept the second in place and now it is a lien on the title. Should I write to congress because that’s what they are there for? No. They are heavily invested with this corruption and would only loose by supporting homeowners. Their pension portfolios would take a dive. Not to mention the special favors they received on mortgages in return for their silence. On a lighter note; I was so happy to receive a check in the mail last week from Amerisave. Yes, a settlement check. My payment resulting from a class action suit against their scam when I tried to refinance after the BAC buy out. YES!!!!! a check for $3.50. What sweet justice!! Thought about framing it. Lesson learned is: Government=no help. Class action=pennies on our dollars. What to do now:
Supeona all records from 2005
File suit against:
Angelo Mozilo (gotta sleep sometime Angelo)
Ken Lewis and Brian Monynihan
Keith Anderson and Mark J. O’Brien
AND it won’t just be for their horrible criminal and inefficient way of doing business. I will also be asking for pain and suffering penaltys caused by their greed that subjected all of us to the ****debt collection calls**** Yes, I have them recorded for the jury.
Never seen nor heard anything like this!
I had lived at my present address for the past 12 years – which i made regular payments by the grace of God! the Almighty one! On 10/31/11 – I became somewhat disabled & unable to work as i used to, due to some severe work-related injuries-i contacted GMAC at the time who offered me a 6 months forbearance-where i paid 1/2 the mortgage amount. Not having been informed of what a forbearance was, i thought that was a great help. Until i started to receive late notices from same GMAC and multiple calls from their customer services.
One of their representatives told me, “if you show record that you’re making any amount of money, they will be able to help by doing a modification” – After such 6 months were completed, i continued with making the regular full monthly payments out of my savings. Piles of harrassing letters & phone calls continued because of the related forbearance’s balance… In addition to finding inspection’s note on the side of my front door.
By now, they were saying i was 3 full months behind in payments + late fees + inspection’s fees (people coming at the door to leave notes) – when i contacted them about such….i was told “if you’re late in making payment, they are inspecting to see if people are still living there?” why wouldn’t i still live there? Payments were being made-it was just their misinformed forbearance issue that needed to be dealt with…
I submitted first package for the Modification to GMAC in November of 2012 – they played their games all around till i found out they were going bankrupt. Then i received a call from Fannie Mae who have started another process for Modification. They were now both together playing their go-around games with me…GMAC & FANNIE MAE. I submitted everything and anything i could submit based on their requests. While still continued to make the regular monthly payments. When they could not find anything else to ask, they kept calling each and every time to say that “it would take about 30 more days to come to a final determination. That was already 4 months into the process.
I finally realized their games. I told that counselor all the things that were presently wrong with the house and how i needed to know of their final decisions…while stating “i would no longer make payments until they come up with a final determination.” She quickly said “if something is wrong with the house – why not just deed it back to us?” – I said “No, i would not!”
Toward the end of January 2013, i found out myself that the mortgage had been transferred to this …Green Tree stuff. I continued to forward the mortgage payments to that Green Tree stuff, starting with the February 2013 payment. March payment was also made. Since i now realized the game that was being played pertaining to the Modification, i said “i would not make the April’s payment until i know of their determination ” – watch and see kind of thing…
On April 8th 2013 – i received a notice of Default letter with a date of March 29th asking for me to pay the amount owed based on the three months forbearance related balance. Within the letter it was asked for me to call and cure the default by having Green tree to do a modification, or payment agreement arrangement. Further, had 30 days from date of letter (3/29/13) to pay that certain amount or the aforementionned or to foreclose. Can anyone imagine being foreclosed on a house you had been making payments on 12 whole years for a debt of less than $2700.00?
On April 12, i emailed and U.S. mail posted them a letter letting them know that a modification process had been ongoing with Fannie Mae. In response to their NOTICE OF DEFAULT. I also contacted the Fannie Mae Representative and alerted them of the Notice of Default.
On April 16th, i received a call from the Fannie Mae rep letting me know they’ll have a final determination by the end of the month.
On April 22nd i received a call from the Fannie Mae counselor – with the wonderful DENIAL message for such modification.
On April 23rd i called that …Green tree stuff, letting them know of the Fannie Mae’s denial and trying to check other options based on my present situation and asked if they would consider waiving the misinformed/misunderstood forbearance balance-the sole reason for their NOTICE OF DEFAULT- I forwarded a letter requesting such. I followed up with a phone call and was given the run-around, yelled at, with lots of disrespected comments, told that “you can’t continue to live in this house” just to name a few…
On April 24th i called back. This time asking for their loss mitigation in an attempt to make some payments arrangement… Anyway, the two gatekeepers would not allow me to get through to their loss mitigation Dept and was told “You can’t continue to live in this house….making a note for the house to be foreclosed on the 29th” – i decided to email one of their ? CEO’s with no response.
On April 25th, i called back and requested that they forward my call to their loss mitigation where i could make some payments arrangement pertaining to the 3 months forbearance balance issue. Again, the first gatekeeper got me to the second gatekeeper and i was given all the run arounds, told all kinds of senseless stuffs, including to “go get a job” – was i in this situation because i did not want to work or i could not work? While persisting with her derogatory comments of “pay what’s due or house is on list to be foreclosed on the 29th”
Such person refused to transfer my call to the loss mitigation where i could get the payment agreement arrangement. She quickly said that i could not get a payment’s agreement since the Modification was denied. I questionned whether she was discriminating against me…Such letter was received from them. She finally said “hold on” – came back with some stories on how some assistant director is busy- he’ll call me back and …for me to leave a message. I did manage to leave a message. Yet, did not get any call back.”
On friday April 26th, i decided to check that … company out and could not believe what i was reading from multiple other victims. I found out their evil wicked schemes on my own. Of course, i thank God who led me there. I once more called them in a final attempt to work some types of arrangements which this lady refused. By now, because their deceiving schemes had been unveiled to me, i decided to take that big leap out of my minimal saving and paid the 3 months. Even after letting that gatekeeper know that i was making such payment, she said that i needed to have another check on hold for the months of April & May. which i did. For she made it clear that she would not go further unless i did what she wanted.
Yet still trying to DECEIVE by saying “she could help by post-dating the first check amount with a later date – May 1st” – Thank God for revelation, i was able to see the trick she was trying to play….for they just want to snatch those houses like some vultures or something…. i said “NO-make it effective today! APRIL 26th.” She offered to make the second check ( April & May ) – payment toward the end of May… (her choice) while thinking she’s helping –
On that monday April 29th – i happen to catch a black truck deceitfully taking picture(s) of the house. I was able to question such person right at that time….Since i was on the inside of the house and a distance away from the front driveway, he got away. I quickly checked my banking info and realized they had taken out their payment….What was that all about? was that even legal to deceitfully take pictures of someone’s house without their consent?
Today May 8th, i receive yet another upsetting – harrassing letter from this ….Green tree stuff dating April 29th with same types of threats and else….Is there a SURE way to stop this mess once and for all? As i stated to their second gatekeeper(s) – “The house is a testimony of the faithfulness of God in my life and no matter how my present situation may look, it will continue to remain and not be part of their wicked schemes.”
Really! does anyone truly know how to put a stop to this madness? Any referral to a competent lawyer who may be able to handle such harrassment(s)? Please Inbox me or reply to this long note…..
My husband and I have a mortgage with green tree servicing and have experienced the same issues all of you are dealing with, however we where told one thing only to find out that we are in an interest only loan for 30 plus years on 30,000 dollars, I tired to get refinanced and was told that green tree does not refinance and was also forced to have the forced placed insurance and also have been charged the processing fee. We will pay 120,000 plus on a 30,000 dollar loan, this is predatory lending and is very wrong. When I called and confronted them about this the manager at the time told me “This is how we make our money”. We also in the past have experienced the harassing phone calls and rudeness from Green Tree.
WOW!!! when my mortgage was sold to Greentree, I was 2 months behind…. no one’s fault but my own – times are hard and we are all struggling one way or another. I decided to do a search about Greentree and came upon this page and well as many others that scared the crap out of me…I just knew I was going to lose the house that I’ve been living in for 20 years. (Rented then purchased). I called Greentree to discuss my situation and was treated with the upmost respect. NEVER has anyone called me from there that was disrepectful or threatening… In fact, when i said I was scared I was going to lose my home, the customer service agent told me that I wasn’t and we worked out a plan that I could do. Yes, they have called me about a payment that I have already scheduled and I answer the phone and I tell them it’s been scheduled, they verify and apologize for calling and take my number off the “auto dialer”……. No, I don’t work for them – and I’m sure that what people are posting are their own experiences. I just thought I would add that Greentree has been very helpful with me getting my mortgage back on track……I just got off the phone with my account rep. feeling like I needed to post my experience with them because again, when I first started reading all of the nastiness of how they treated customers – I panicked…….and for what?
I just got a Notice of transfer of servicing from BOA to Gree Tree Servicing, I call BOA to object the transfer and I was told they have the right to do so, I don’t have any problem with the transfer but after reading all the horror stories abouth this company I am very concered and therefore, collectively need to file complaint with Fannie Mae, (1-800-732-6643) Treasury Department, FDIC, HUD and contacting the law maker (congressmen and senators) who set rules and regulations. anyone who experience should file complaint with these agencies.
Please sign petition against Green Tree Servicing LLC here is the link after these horrible stories and my mortgage has just been transfer over and experience the same issue.
Short URL: http://wh.gov/SPzT
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GMAC sold our mortgage to Green Tree 1/31/2013. We found a better interest rate in May and decided to refinance with a local bank here on the east coast as opposed to South Dakota!! During our refinance in May 2013 we discovered they are not paying our property taxes! You cannot get in touch with anyone that will help you and they refuse to return phone calls. This is very serious it is costing me a lot of money and I am afraid I will lose my interest rate that is 1/2 what I am paying them – not to mention being arrears on property taxes for 2012 that were withheld as part of my mortgage payment. It will probably be cheaper to hire an attorney than risk losing my house for not paying taxes, fees incurred by county for being late and an interest rate that is going from 6.25 (Green Tree) to 2.99 my local bank that I have dealt with wonderfully the past 8 years!
Greentree Servicing is impossible to deal with in anyway, I can’t even begin to explain the issues I’ve had with Greentree! All the comments I’ve read says it all from Advance Corporate Account added to my account without ANY explaination from GT. Never able to speak to the same person at GT yet you receive multiple calls daily even after speaking with an “account rep” just 1 hour prior. The list goes on and on…please provide any information or links to stopping this RIPOFF company. I am able to provide a documented account of my horror story of a mortgage for a Manufactured home in California.
We have our house loan through Greentree Servicing which purchased our note from Bombardier Capital, Inc. We put our house on the market and have a contract. The buyers are going through FHA and FHA is requiring that we turn the home from personal property to real property before closing. The State of Texas advised that we needed to get an acknowledgement letter from Greentree. We pushed the closing from the 10th to the 23rd and we have been on the phone with Greentree over 30 times. Each person tells us something different. They told us that they would fax the letter to the title company processing the sell of our home, but never did. Each time I call, I have no results. I asked to speak to a supervisor with no resolve. I’ve asked for their legal department and they tell me they don’t have one. I’ve asked for their corporate office phone number and they wont give it to me. I’ve asked for their serving agent & they tell me that they don’t have one, which is required by all Secretary of States for any business in the United States. Greentree purchased the note but never filed the proper paperwork with the State of Texas so they are not showing they are the lien holder in the first place. Which is another issue that they won’t resolve. You would think that they would want their money in full. We are currently seeking legal counsel and speaking with the News, Barry Davis regarding in your corner to see if we can get help through them. Greentree is going to cost us the sell and then we will file a civil suit.
Mortgage Lender Accused of Foreclosing on Deceased
AG Stops Practice by Green Tree Servicing In New Mexico
Monday, May 6, 2013
Contact: Phil Sisneros 505-222-9174 or Lynn Southard 505-222-9048
(ALBUQUERQUE)—Attorney General Gary King today announced a settlement with Green Tree Servicing, a major lender and servicer of consumer loans, resolving claims that Green Tree abused the probate process to fast-track foreclosures against the estates and families of deceased homeowners in New Mexico.
AG King alleges that in at least twenty-five (25) cases in New Mexico, Green Tree became the personal representative of a deceased homeowner’s estate in order to quickly complete a foreclosure against the home of the deceased consumer. As part of the settlement, Green Tree agreed to never again be appointed as the personal representative of a homeowner’s estate in New Mexico. The AG alleges that Green Tree would file documents in court stating that it was unaware of any heirs with legal priority over Green Tree when, in some cases, Green Tree clearly knew that a surviving spouse or children existed and could be located. The Attorney General’s Complaint asserts that such false statements to the court were misrepresentations in the collection of a debt in violation of the Unfair Practices Act. As a result of the unlawful acts, AG King alleges that Green Tree would complete the foreclosure without giving the lawful heirs an opportunity to save the home or to defend the foreclosure case. Green Tree would then sell the home and pay itself the proceeds.
Green Tree agreed to pay $140,000.00 to the Attorney General to resolve the claims. The funds will be used for consumer protection enforcement and education. The parties agreed to the settlement terms in a Consent Decree that must be approved by the Court.
Green Tree denies that it engaged in unlawful conduct. The claims settled by the proposed Consent Decree are allegations only, and liability was not determined in a trial.