Heads up for anyone dealing with Green Tree Servicing!!!

[BofA_hater]

Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level? | Deadly Clear

Encountered this in my travels and thought about many of the BofA to Green Tree folks...

Computerized Robo-signing: Is Green Tree Servicing Taking Robo-fraud to a Whole New Level?

In the article, they talk about the new and improved fraud being carried out by this servicer. I wonder if BofA is far behind on that?

[Evan Bedard]

I believe many other lenders have/are doing this as well as I have seen many documents with signatures that are identical to one another, and we all know that not every signature we write is going to look exactly the same as the next..

[unhappybofacustomer]

Is there any recourse these days if I could prove my docs were "robo-signed"? If so, how do you pursue?
Thank you everyone for your time and advice!

[BofA_hater]

Hi unhappy- I would collect all the documents that you can from your records and the county clerk's office and start researching the names of the folks who signed the assignments, any endorsements, etc. Then try to find a lawyer in your state who understands the whole robosigning mess. I suppose it may be possible to rescind the foreclosure or perhaps sue for wrongful foreclosure, it really all depends on what sort of evidence you have and how much $ you're willing to put into it, as far as going after BofA. If the foreclosure has already been completed and you are out of the house, you would have to decide whether it's worth it to keep tilting at this particular windmill.

[Meinaz]

GTS is charging me $72,000 on a note/home improvement contract for a pool for $25,000. This was in 2005 and truth is I was at the doctors when they wanted my signature. They were in such a hurry they actually sent someone to my doctors office to have me sign the papers. I was unaware of the interest that would be charged. I have already paid over $24,000. Trying to renegotiate is fruitless. Stay away from GTS. Now because I have refused payment until they negotiate, they have put it on a charge off status on my credit report. I'm sure they aren't done so it's time to see an attorney.

[Evan Bedard]

GTS is charging me $72,000 on a note/home improvement contract for a pool for $25,000. This was in 2005 and truth is I was at the doctors when they wanted my signature. They were in such a hurry they actually sent someone to my doctors office to have me sign the papers. I was unaware of the interest that would be charged. I have already paid over $24,000. Trying to renegotiate is fruitless. Stay away from GTS. Now because I have refused payment until they negotiate, they have put it on a charge off status on my credit report. I'm sure they aren't done so it's time to see an attorney.

Welcome and thanks for joining the community Meinaz.

Unfortunately, all loans are going to come with a substantial amount of interest so you will ALWAYS pay much more than was actually lent over the course of the loan. I'm assuming you are underwater (ie owe more on your mortgage(s) than your home is currently worth)? This would be the reason they charged off the account instead of pursuing a foreclosure and the debt will remain in collections until it has been settled. With the right research you can complete this on your own without the need of an attorney and a lot of $$$ on lawyer fees.. What state are you located in? Here check out the following thread, it will show you everything you need to know about settling an underwater 2nd mortgage..

Strategy for Settling Your 2nd

[Meinaz]

I live in AZ, and thank you for the most informative information. Thankfully worse case scenario we have lien strip laws here if it does get to the point of chapter 13 or 7. At least down the road GTS wouldn't have any rights to my home.

[Evan Bedard]

No problem, yes you can always use bk as a last resort and I'm sure GTS will eventually come up with an offer to settle the loan. From there you can decide whether or not you would like to work out a settlement or if it is even a viable option..

[isisis]

Is there any recourse these days if I could prove my docs were "robo-signed"? If so, how do you pursue?
Thank you everyone for your time and advice!

Hi unhappy,

Well, not the sort of recourse we all would have hoped and would have seemed appropriate, that being the proof of robo-signing would automatically void such documents but it can still prove to be an effective tool depending to some extent on where you are in the process. In itself proof of robo signing or fabricated documents is not that powerful unless you tie it into the whole picture. For instance if you show the documents were executed by someone who lacked the agency authority act on MERS behalf and thus no assignment of beneficial interest was transfered then you can question whether the foreclosing party had any legal interest in the loan either to collect payments or foreclose. Backed up with supportive case law this can be useful either in court or in stopping an impending foreclosure sale. If you're in California there is some case law and examples of letters to stop sales if that would be helpful to you on this thread Bagels at a Bar Mitzvah

Another thread with lots of helpful info on robo-signing is here
Forged, Robo-signed, Mix Matched Signatures?