• Report: #216557

Complaint Review: GREENTREE

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  • Submitted: Thursday, October 19, 2006
  • Last Posting: Wednesday, May 23, 2007
  • Reported By:Sullivan Missouri
GREENTREE
800 Landmark Towers, 345 St.Peter Street St.Paul Minnesota 55102 U.S.A.

GREENTREE ripoff, didn't refirm my loan when I had to do a bankrupty and now claim they took a loss but still collects my money, I owe almost the same amount as back in 2005 ST.PAUL Minnesota


1Author 2Consumer 0Employee/Owner

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My husband and I got a Mobile home loan with Bank America back in 1995.A few years later Bank America sold our account to Greenpoint.A few years later we find out that GreenPoint gives our loan to GreenTree.My husband and I during this whole time was only late 2 times in the 10 1/2 years we have paid on this place.I became Disabled and my income lowered.My husband had an heart attack and was out of work for some time.We still kept our payments up somehow on our home but got behind on everything else.

We had to hire an attorney and file a Chapter 7 Bankrupty.We wanted to keep our home.Somehow during all of this GreenTree is claiming my attorney or us never reaffirmed our loan with them and claims GreenTree took our home as a default and a loss.I have spoke to many people at GreenTree.I was told that since our loan wasn't reaffirmed and they took it as a default and loss that if we miss 1 payment we lose our home.I asked the woman I spoke to how can you take our home as a loss and still continue to take my payments? I said wouldn't this be tax fraud on GreenTree part? She claims well I don't know noting about taxes.She then sent me to her supervisor and I repeated this question to her.She said well I don't know why she told you this for she wasn't suppose to tell you that.I asked why not? Why is GreenTree taking our place as a default and a loss but still able to take my payments? Somewhere this should be TAX FRAUD!!!! But they are still taking our payments and sending us this note every month on our bill.

(IMPORTANT INFORMATION)

(THIS IS NOT A BILL. THIS STATEMENT IS FOR INFORMATION PURPOSES ONLY)

IF YOU WERE OBLIGOR ON THIS ACCOUNT PRIOR TO FILING OF A CHAPTER 7 BANKRUPTY, AND YOU HAVE RECEIVED A DISCHARGE, AND IF THE DEBT WAS NOT REAFFIRMED IN THE BANKRUPTY CASE. GREENTREE IS EXERCISING ONLY ITS RIGHTS UNDER THE SECURITY AGREEMENT AS ALLOWED BY LAW. GREENTREE IS NOT ATTEMPTING ANY ACT TO COLLECT OR RECOVER THE DISCHARGED DEBT AS YOUR PERSONAL LIABILITY. IF THE ABOVE AMOUNT IS NOT RECEIVED BY THE STATED DATE, GREENTREE MAY EXERCISE ITS RIGHT TO SEEK POSSESSION OF THE COLLATERAL.

Now after speaking to GreenTree about this loan suppose to not be reaffirmed I made a telephone call to my attorney.My attorney said we were suppose to have reaffirmed with GreenTree and he don't know what went wrong.I have an appointment to speak with him in person on this. My attorney also claims GreenTree can't keep taking our payments and not show on our credit report as us not paying them nothing.Well GreenTree shows us as paying them nothing at all on our credit report.Something got all messed up and we are taking a loss thru our credit and with our home.Also I noticed we owe almost the same amount on our home as we did back in 2005. 2006 which is over $38,003.20. In 2005 we owed 38,133.69. In 2005,We paid over $1,444.98 in principal and interest was $2,433.86. This makes only a difference of $133.49 off of our loan in a year time.WHO RIPPING OFF WHO? GREENTREE IS.How and why is the government letting GreenTree get by with ripping so many people off? Something has to be done with this company.

My husband and I worked so hard to get our home and make the payments and now we got taken really bad.All the money we put into this place we will lose.Just makes me sicker and so full of stress and depression.GreenTree is nothing but a RIPOFF Company.
Everyone who has loans with this company needs to stand firm and stand together.If you don't deal with this company now please don't start!!!
GREENTREE YOU ARE A RIPOFF,LIERS,CHEATS AND THIEF'S.

S.
Sullivan, Missouri
U.S.A.

This report was posted on Ripoff Report on 10/19/2006 12:43:32 AM and is a permanent record located here: http://www.ripoffreport.com/financial-services/greentree/greentree-ripoff-didn-t-refir-93en3.htm.

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REBUTTALS & REPLIES:
1Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

They are following the law for bankruptcy cases.

AUTHOR: Mike - Radford (U.S.A.)

Like others who have reported here, you are almost certainly being ripped off by Greentree with respect to the amount owed, and you should fight them over that point only. Everything else they are doing however is standard practice in a bankruptcy situation like yours.

Not reaffirming the loan was the right thing to do. Now you are making "voluntary payments." You can quit paying with no negative effects other than that they MAY repo the home. Or they may not. It is their choice, they could decide it wasn't worth the cost of moving it. If it is on your land, there are ways you could force their hand to either take it away or give you clear title. Get some legal advice (from a better attorney, see below) about any state laws that may pertain to evicting someone from a mobile home and repossessing it.

Note that before the BK, or if you had reaffirmed, they still had the right to repo for missing one payment. Almost no creditor actually does this, but they have the legal right to.

As far as "tax fraud", you don't know what they're reporting to the IRS. Most corrupt companies will gladly screw the consumer, but they know better than to mess with the IRS.

Your attorney is wrong about the credit reporting. Creditors are never REQUIRED to report on-time payments to any credit reporting agency. In this case they are not allowed to report anything bad to your credit after the bankruptcy discharge. To protect themselves, creditors will typically not report ANYTHING about a bankrupt account except "Included in Bankruptcy" as of the time of bankruptcy.

You could consider your situation to be like a rental. Keep paying, they let you stay. Stop paying, move out, and no other consequences. Buying any mobile home on a 30 year loan should be treated as a rental (that you can't get out of) as the unit will be worthless after 30 years.
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#2 Consumer Suggestion

turn them in to Federal trade commission

AUTHOR: Phyllis - Seabrook (U.S.A.)

I have turned them in to Federal trade commission, and Consumer protection Agency. the more complaints they get the more it will be looked into from what I understand. i was thinking about having everyone that has a problem with them to file a complaint with them too.

I just thought if they got complaints in Mass that they would notice.
I am after these crooks!!!!

I am not a lawyer of any kind!!!! I just hate injustice.
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