Greentree contacting me after discharge

[hamburgervol]

I did not reaffirm my HELOC with Greentree. I have continued to pay and for the first time I was 9 days late on my payment. 9 days after the due date. I asked her if there was a grace period. The Greentree rep said zero grace period.

I have been receiving a multitude of calls from a toll free number. Usually I do no answer these but today I did. It was Greentree informing me that my payment was past due. I immediately informed the rep that the debt had discharged in Bk and that she and her company was in clear violation of the discharge order. Even after that, she asked me if I intended to keep the property which I said yes. She went on further after I explained the discharge to her to ask for my place of employment's name, my work phone number, and to asked for my cell phone number. I told her that was none of her business. She then read off my work phone number which I replied that it was not okay to contact me at work. She did say she would note that in the account.

Her response was that they had not received the discharge notice and that I should send them" the paper work". She did acknowledge receiving the initial BK notice and a reaffirmation agreement that was not signed .

I know that Greentree can be ruthless (past judgment against Greentree) and have been slammed by the BK courts before.

I have paid the payment via Billpay. It usually takes a few days. My plan is to settle this debt at some point when I have enough cash to due so. I have a feeling that they will continue to harass me when my payments are late. If i document and record these calls, can I use that to settle the debt?

What should I have done differently or should I do?

[Pandora]

Dont know what your HELOC amount is in relation to your 1st mortgage, however -if you're planning on settling the debt - then why are you paying every month towards it? Save that payment every month so you can use it to settle later on and have the cash on-hand to do so.

Recording and documenting the calls is fine, but its not really going to prove anything other than a violation of stay down the line if they continue to contact you after you've provided them with your discharge papers.

[hamburgervol]

[QUOTE=Pandora;480132]Dont know what your HELOC amount is in relation to your 1st mortgage, however -if you're planning on settling the debt - then why are you paying every month towards it? Save that payment every month so you can use it to settle later on and have the cash on-hand to do so.

Recording and documenting the calls is fine, but its not really going to prove anything other than a violation of stay down the line if they continue to contact you after you've provided them with your discharge papers.[/QUOTE]

Is it my responsibility to provide them with the discharge papers even after I have told them the debt is discharged?

[daylate]

Not to hijack this thread but I'm a bit confused-HELOC was discharged and you are staying so you pay for a ride through-I get that. What I'm not sure of is how can you stay and not pay per Pandora's post?-That doesn't seem to pass a common sense test. Not trying to be difficult just trying to understand.

[hamburgervol]

Not to hijack this thread but I'm a bit confused-HELOC was discharged and you are staying so you pay for a ride through-I get that. What I'm not sure of is how can you stay and not pay per Pandora's post?-That doesn't seem to pass a common sense test. Not trying to be difficult just trying to understand.

If you do not pay from what I gather, (someone correct me if I'm wrong), you run the risk of the secondary lien holder foreclosing. Now I know that is probably very unlikely, especially if the home is underwater. The 2nd would have to pay off the first before they would receive any money. It's a gamble I'm sure.

I am also under the impression that 2nds can ad late fees and penalties also.

What would happen if I stopped paying for say 12 months and saved that money for a settlement?

It's also my understanding that Green Tree is ruthless and only plays by their rules. Laws and ethics mean nothing to them. You can google case after court case where Green Tree was sued and usually lost. They simply do not care. They allow that risk as company policy, hoping the debtor is simply uninformed and unwilling to fight.

[tobee43]

If you do not pay from what I gather, (someone correct me if I'm wrong), you run the risk of the secondary lien holder foreclosing. Now I know that is probably very unlikely, especially if the home is underwater. The 2nd would have to pay off the first before they would receive any money. It's a gamble I'm sure.

I am also under the impression that 2nds can ad late fees and penalties also.

What would happen if I stopped paying for say 12 months and saved that money for a settlement?

It's also my understanding that Green Tree is ruthless and only plays by their rules. Laws and ethics mean nothing to them. You can google case after court case where Green Tree was sued and usually lost. They simply do not care. They allow that risk as company policy, hoping the debtor is simply uninformed and unwilling to fight.

hamburg...first off...yes, of course the creditor was notified by the courts...they...green tree are just giving you a hard tme...i would simply give them the docket number located on your petition...end ofstory.

secondly, if they attempted to foreclose, i don't know what you owe on your first, however, it would fully have to be paid off prior to green tree getting a dime....so if your house is worth 150k and your first was 100k and green tree was 50k...(i.e.)......and our house sold for 100k....green tree is SOL....

i'm with pandora..if your planning on settlement...save the money now.

[tcreegan]

Hi hamburgervol,

Document everything. If they were on the creditors matrix, they got the BK notice. If they continue as you expect them to, you might have enough to go after them for a violation of the discharge injunction. Judges have been very favorable to debtors, document the time you spent on everything as your basis for damages, if you win you also get legal fees. Find a young and hungry attorney to take it on a contingency.

Also, go online and find the Fair Debt Collections Practices Act (FDCPA) and find out what they can/cannot do and what you can do to get them off your back. Heck, document FDCPA violations too, courts have been favorable to debtors here too.

Good luck with it, given GT's repuatation, might be time for someone to pin their ears back again...

Tom in Colo

[hamburgervol]

I received another call but this time they hung up just after I answered. My bank account shows it as paid, so I'll bet they'll stop calling. Next month I'll be better prepared with a digital recorder.

Should I go ahead a contact them now and propose a settlement or wait till I have a years worth of payments saved?

My initial thought was to us my tax refund to settle with.

[tcreegan]

Hi again hamburgervol,

Personally I would go 6-12 months of no payment to make sure they get the idea that aren't going to get any $$, might make them more receptive to an offer to settle.

Tom in Colo

[tobee43]

yeah, tom that does sound like a "sound" thought! a good way to go about it.

[hamburgervol]

FWIW, I just remembered that Bank of America is the actual owner of the 2nd. Green Tree just services the loan. I have made a mistake by paying the the 2nd after discharge.

Anyone have any experience settling a Bank of America HELOC, serviced by a 3rd party?

[helpmeout]

I would right a cease and desist letter to Greentree, sending a copy of the discharge, and tell them that further contact on this matter will be dealt with in bk court. Send it certified, return receipt requested.

And the next time you get a call, contact an attorney and file for sanctions.

[hamburgervol]

Just to clarify my situation:
My 1st is $183,000 with Chase and current
2nd is $48,000

Home value per Zillow is $220,000. Last May it was $199,000, so I'm not sure how accurate zillow is.

Is a settlement on the 2nd likely?

[tcreegan]

Hi hamburgervol,

Seen a half dozen posts saying zillow was significantly higher than a market comparison or on the ground appraiser. Saw one where zillow was lower.

Another bargaining chip in your favor is the price of foreclosed homes is usually way below market value. If you do a little research and find the price on some foreclosed home comparable to yours, you can go to the 2nd w/ "Well, the house currently appraises at X, but foreclose and the prices drop to Y" and "add in the costs of the sale and you get nada/zero/diddly squat

Tom in Colo

[hamburgervol]

Just an update..last night at 7:09 p.m I received a call from a 877 number. I didn't answer but the answering machine did. The automated message left stated "This is Green Tree calling to collect a debt, please call 1-877-xxx-xxxx"