Green Tree Harassment

[braincramp]

When we were discharged in August of 2010 we did not reaffirm our 1st and 2nd mortgage.We just continued making our payments. A few months ago BOA transferred the servicing of our 2nd mortgage to Green Tree. We have a grace period for paying and we have never been late but Green Tree is relentless with phone calls every day. I need some advice on handling these people. I figured if I just wrote them a certified letter telling them not to call that would work but my wife read that they can then foreclose since they consider the letter not wanting to deal with them. Any truth in that? Any help would be appreciated. I thought we were done with that crap!

[sofarsogood2]

If you are not late, what reason do they give you for calling?

[braincramp]

That's what I asked them. They said they were being "proactive"

[shark66]

You need to set them straight by telling them that the debt was discharged and that they are violating the permanent injunction by calling you.

Let them know that you'll record the calls and forward them to your attorney to start legal action against them. If they play dumb, record the calls, find an attorney and sue their a@@es off.

They will NOT foreclose unless you have *significant* equity in the house. It is very debatable whether they would be allowed to foreclose in the first place as long as you're current.

No one should go through this type of nonsense after discharge. Go get them.

Good luck.

[sofarsogood2]

I am with Shark. I'm not certain of the laws, maybe someone can chime in, but I'm guessing that being ""proactive" with debt collection harassment prior to a default is illegal. I'd give them a stern warning, in writing, registered mail, that they are forbidden to contact and harass you "proactively" as there is no bone fide basis for the action. It is simply unwarranted harassment.

Besides the violation of the permanent injunction:

FDCPA - 806. Harassment or abuse
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

Obviously #5 is their intent.

I'm fighting with a creditor currently who just won't give up. Sent a C&D quoting BK discharge statute and threatened to sue them in BK Court. That seems to have worked. I told them that they could communicate with me in writing by mail ONLY, and any further collection calls would be recorded.

Funny... after hundreds of phone calls post discharge, they haven't sent me not one letter since I sent my C&D letter (haven't called either). Me thinks they don't want me to have anything in writing to show to the court.

Good Luck!