Home Loans and Support

Green tree harassment

Discussion in 'UNITE & FIGHT - Share Your Ideas on How Homeowners' started by SShouse, Nov 30, 2009.

  1. SShouse

    SShouse LoanSafe Member

    Can I stop the harassment by Green tree by sending them a written letter asking them to only contact me in writing and not to call my employer?
    I am not sure if I am protected by the Fair Debt Collection Practices Act against Green Tree.
    I have tried several times to talk to them but they fight instead. If I only have 10 minutes to call in my breaks and this rep spend them yelling... well I am not getting anywhere.
    I also prefer keeping records of what they say an offer in writing.

    They have also gone to my house. Is that legal?

    Can I simply send them something like this...
    Re: Notice to Stop Third-Party Contacts: Case # _________

    To [person whose name appears on agency’s notice to you]:<O:p></O:p>
    On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt].<O:p></O:p>
    [Summarize any contacts the collection agency has had with your employer, family, friends, neighbors, or any other third party.]<O:p></O:p>
    This is to inform you that my employer does not permit me to be contacted at my place of employment and any attempt to contact me there could cause me harm or disadvantage. Any disregard of this instruction not to contact me, my friends, relatives or anyone at my employment will result in my seeking legal advice on the full extent of my remedies under state, federal, and common law.<O:p></O:p>
    Furthermore, your having contacted me at my address or on my phone number confirms that you have full knowledge of both pieces of information, rendering any contacts with any third parties a violation of my rights as an individual and a consumer under state and federal law.<O:p></O:p>
    Please advise me immediately of any contacts to third parties already made by your agency or by your client so that I can attempt to control or undo any damage that may result and take every possible step to make sure that no further attempts at such contacts are made. Please conduct all future correspondence to me directly and in writing.<O:p></O:p>
    [Make sure you save all envelopes for their postmark and note on the back of each envelope or in your journal the date each letter is received. This is important because some debt collectors will attempt to back-date correspondence to you, and your postmark/note will be the only way to prove the falsity of any such tricks in dating.]<O:p></O:p>
    I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter].
    <O:p
  2. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Hi SShouse welcome and thank you for joining.

    Yes I would definitely send them a letter requesting that they seize all calls to your work at once.

    Well if a borrower is behind on payments the lender will sometimes go to the property to see if the borrower still resides there, or has moved out..
  3. SShouse

    SShouse LoanSafe Member

    Thanks for taking your time to answer my questions.

    I will send the letter by certified mail today.
    I was trying to work with them but they got very aggressive and every time I call they are very rude, offensive and it is impossible to get anywhere with them so I am saving my energy and fighting them the right way. I have done some research and it seems that is their tactic.

    If they come to my property once again, I am calling the cops.

    I am also going to send them a QWR in a couple of days.

    Thanks again.
    Sylvia.
  4. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Ok perfect seems like your headed in the right direction.

    Are you working on a loan modification or any other type of assistance at this time?
  5. SShouse

    SShouse LoanSafe Member

    Yes, we got a loan modification in our first one with bank of america (through IMPAC) now I was hoping to either get a mod on my second one or to settle.
    With Bank of America the key was to stop paying for three months. After that they came running to help us with the mod. Yesterday was the last day of the three months since my last payment with Green tree and the representative went crazy (litterally) and came to our house.
    I am going to get either a loan modification or a settlement with them. First of all I am considering getting help to audit their loan since I truly think I was a victim for their predatory tactics 5 years ago. So I am going to request a QWR.
    This time I am taking my time to be informed about my rights and I am taking charge.
    Their loan is unsecured at this point since my house is at least $100K under. They cannot foreclosure, I am not planning on selling or moving since now I can afford to make my house payments and I want to make this work for both of us. They better change their attitude.
  6. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Oh wow great ideas. You are right as the second is very unlikely to foreclose even if you do not pay because your home is underwater.

    Good luck and please keep us posted!
  7. bloominga

    bloominga Banned

    I have Green Tree and have just gotten the green cards back from the QWR's I sent. They are very hard to deal with and at times have bordered on threatening to me.

    Get an attorney and be prepared. You will need help. Do you know the person's name that you spoke with and came to your house?

    Call the police if they come back again. I mean that very sincerely.
  8. SShouse

    SShouse LoanSafe Member

    Yes, I do. He left a card.

    What was your experience? did you have to hire a lawyer?

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