• Report: #162736

Complaint Review: Conseco Finance Corporation

  • Submitted: Mon, October 31, 2005
  • Updated: Wed, December 17, 2008

  • Reported By:Mariposa California
Conseco Finance Corporation
332 Minnesota St Ste 610 St Paul, Minnesota U.S.A.

Conseco Finance CompanyC onseco Finance Corporation ripoff - not removing reporting after bankruptcy filed St Paul Minnesota

*Consumer Suggestion: BANKRUPTCY AND FORECLOSURE ARE DIFFERENT

*Author of original report: Conseco and Greentree Rip off artists

*Consumer Suggestion: Questions: It's common practice for foreclosure proceedings to initiated while you've filed bankruptcy.

*Consumer Comment: You holding the bag??Conseco Finance Company the Ripoff kings

*Consumer Comment: Bankruptcy laws

*REBUTTAL Individual responds: Conseco Finance Ripoff

*Author of original report: Actually the collection agency only put their comment on my credit report very recently

*Consumer Comment: Bankruptcy/ Foreclosure

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I filed bankruptcy with Conseco Finance Corporation almost 4 years ago - of course even though I filed bankruptcy on a mobile home that was financed by Conseco - they forclosed on it anyway. Now almost 4 years after filing the bankruptcy in February of 2002 - their collection agency is still reporting on my credit report. This holds my credit score from ever improving and when I called the credit reporting company, they advise me that Conseco never reported to them the bankruptcy.

When I filed bankruptcy with Conseco Finance, I called them and also wrote them a letter as a back up to the information regarding the bankruptcy informing them of the case number of the bankruptcy as well as the location of the bankruptcy court where the papers were filed. I have this letter on my computer with the account numbers and date that the letter was mailed to them. So although, they were notified of the bankruptcy over-the-phone, they were also advised by me of the bankruptcy by letter.

They foreclosed on my mobile home more than three months after this information was given to them - never reported to their collection agency the bankruptcy and have caused my credit score to remain very low because of their actions.

This happened in California and I am mad as hell at their actions. I tried to contact them regarding this but was informed by Greentree Financial they are no longer associated with Conseco Finance and did not know how to contact them. Not did Greentree have any information on their current files on my account. By having a forclosure on my credit report - it will now be years for me to re-establish my credit. Something must be done about this company and it's fraudulent practices.

Lauren
Mariposa, California
U.S.A.

This report was posted on Ripoff Report on 10/31/2005 12:58 PM and is a permanent record located here: http://www.ripoffreport.com/r/Conseco-Finance-Corporation/St-Paul-Minnesota-55101/Conseco-Finance-CompanyC-onseco-Finance-Corporation-ripoff-not-removing-reporting-after-162736. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Consumer Suggestion

BANKRUPTCY AND FORECLOSURE ARE DIFFERENT

AUTHOR: Badlaw - (U.S.A.)

Because you filed bankruptcy, you were entitled to have your debt discharge, meaning you no long owe that money to conseco/greentree. (if your lawyer included them)

However, Foreclosure is a separate legal process that allows them to get back their property. Just because you don't owe them does not mean you avoid foreclosure.

If your bankruptcy was perfected and you received a discharge, that debt can not be collected by them or anyone else that may try to collect it. This is ILLEGAL.

If someone is trying to collect this debt, all you need do is send them a copy of your petition (first three pages) and the schedule that lists them as a creditor (schedule "D" for secured debts) and a copy of the court ordered discharge. And they should stop, if they don't, you can sue. Keep in mind that these old debts are bought and sold to other companies that may not be aware that you filed bankruptcy.

Any reporting of discharge debt after the date of your bankruptcy is not allowed. You must check on your credit report to see the reported date, if it is wrong, they you must notify the company and all three reporting agencis to make the correction.

Your bankruptcy and your foreclosure will remain on your credit report for up to 10 years. This does not stop you from getting new credit, only bad behavior in borrowing would do this.

Your credit report and score are your responsibility. If something is wrong, you have to fix it.

Good luck
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#2 Author of original report

Conseco and Greentree Rip off artists

AUTHOR: Lauren - (U.S.A.)

Thanks Paul. Actually, having a bankruptcy on my credit improved my credit rating. Being a slow pay was much worse credit wise. No I did not try to keep my mobile home as I stated I no longer wanted it - I had a job too far away from it's location and of course, it was stuck in a Park so was even harder to sell. I had not lived in it for over two years.
Yes, everything turned out for the best since I was able to purchase a real home instead in the foothills. But, I am just waiting for the collection agency from Conseco/Greentree to take their bill off my credit report since the charges are already listed on my credit report by Conseco themselves, stating discharged in the BK. The collection agency listing on my credit report indicates the money is still owed. It is their mistake and they are contemplating, at this time, how to handle their error. If it is not removed from my credit report soon - I will have to be writing the credit reporting agencies myself and demand that it be removed or at least, listed as discharged in the BK. Just a hassle and time wasted that because of the collection agency error. I recently refinanced my home and lowered the interest rate tremendously. The collection agency report was not on my credit report at that time. I plan to again refinance in a couple more years to even get my rate lower - so that is why I want the collection agency to take care of the problem they created by their reporting the money is still owed although it was discharged in the BK.
Having a BK on my credit report for the next 7-8 years if ok since it did not affect me purchasing anything - after all if you BK then you are actually a safe risk for most financers since they know you cannot repeat a BK for 7-8 years.
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#3 Consumer Suggestion

Questions: It's common practice for foreclosure proceedings to initiated while you've filed bankruptcy.

AUTHOR: Paul - (U.S.A.)

Were you still making payments on your mobile home while in Bankruptcy?

Did you attend any of the bankruptcy hearings?
Were you not able to sell your mobile home?

It's common practice for foreclosure proceedings to initiated while you've filed bankruptcy. However, this can only happen if a Motion for Relief of Stay is filed with the Bankruptcy Court. The mortgage servicer will only file a Motion for Relief IF you're delinquent on your mortgage payments. Even then, the judge has to approve that Motion for Relief of Stay, which judges typically won't do if the debtor (you) or the debtor's attorney makes a good case as to why.

Finally, if you weren't able to sell the mobile home, chances are your mortgage servicer would have a hard time selling it also. They very seldom make money off any foreclosed property, much less mobile homes. The costs of foreclosure outweigh most land appreciation.

This, of course, isn't helping. It seems that your main concern is that the Foreclosure remains on your credit report. C of St. Paul is right. It'll stay there for quite some time. But here's why the Credit Report doesn't mention the Bankruptcy filing associated with the mobile home. The last action taken on the home was the foreclosure. Trust me, though. There are plenty of other credit report lines mentioning the Bankruptcy.

Why did it take so long to get on the report? No clue. Happens a lot. Mostly the blame goes on the credit reporting agency though, not the servicer. But I don't know those details in your case.

But it sounds like everything turned out OK, if you have a house now. Congrats on dodging that delayed bullet!
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#4 Consumer Comment

You holding the bag??Conseco Finance Company the Ripoff kings

AUTHOR: Lauren - (U.S.A.)

Of course you don't know what you are talking about. I owned that mobile home for 14 years and it would have been paid off in 6 years. It was never my intention to purchase it and then just discharge it in bankruptcy.
There are of course, unforseen circumstances that lead to my decision to give it up. Of course that is none of your business either.
The fact remains that bankruptcy laws were changed for all those people who get credit cards, charge them up, and then just go bankrupt on them. CREDIT CARDS not because of extenuating circumstances that leaves one with no choice but to give the home up. Lord knows I tried to sell it but no one wanted it and the finance company was not wanting me to sell it - they really wanted to repossess it. But, then, how would you know - you weren't even there. Even with the new bankruptcy laws a single person who makes less than 42k can still do a chapter 7 bankruptcy. Of course one cannot owe all their debt on credit cards though. When I had to bankrupt which is a much better credit rating than a slow payer - I never went bankrupt on any credit cards. Conseco never lost a cent - they resold the mobile home and got their money plus. That is why they were so hot to repossess it - the area that I lived scoops up repos. So no one was holding the bag as you so ignorantly stated on this deal - and I am 100% sure that you did not lose a cent. Seems like you should only make a comment if you have your facts straight.
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#5 Consumer Comment

Bankruptcy laws

AUTHOR: Pete - (U.S.A.)

Is it any wonder that bankruptcy laws have been tightened? To get out of paying for a legal purchase that you don't intend to keep, just declare bankruptcy. Leave someone else holding the bag for unpaid debts. Then complain when it shows up on your credit report!
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#6 REBUTTAL Individual responds

Conseco Finance Ripoff

AUTHOR: Lauren - (U.S.A.)

I never wanted to keep the mobile home - I had moved to San Diego and rented it out I lived over 10 hours away. What is really funny is that 2 years ago although Conseco was sitting on my credit report - I bought a 3500 square foot house and just refinanced it a couple of months ago to get a really low interest rate. It can hang out there on my credit for as long as they want it to - doesn't matter - I have already bought a real house anyway. Just wonder why it took that stupid collection agency 4 years to try pulling their bull. Too late you collectors - you ain't getting a cent from me. HA HA
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#7 Author of original report

Actually the collection agency only put their comment on my credit report very recently

AUTHOR: Lauren - (U.S.A.)

Conseco Finance is already on my credit report. There is no need for the collection agency to also be on my credit report as a duplicate charge - there is also no reason why it should not be stated on their report that the debt was resolved in bankruptcy. I just noticed today that even Conseco shows the charge has been discharged in bankruptcy but the collection agency fails to mention this - they just state that I still owe the money which is a pure crock of you know what! I did not expect this charge to be removed from my credit report - what I did expect is that 4 years after the fact and after it is already on my credit report stating discharged in my bankruptcy - that no stupid and uninformed collection agency would now add this to my credit report stating I still owe the money. If you think this is right then you need you head examined. Now I also noticed that Conseco repossed the mobile home not forclosed on it after the fact. They did not have to repossess it - it was given back to them in the bankruptcy - they are just being the assholes they always were.
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#8 Consumer Comment

Bankruptcy/ Foreclosure

AUTHOR: C - (U.S.A.)

Sorry, but those types of foreclosures and bankruptcy can stay on your credit report for up to ten years, although most come off at 7 years. Even IF you've paid them off before that time.

Did you expect them to let you keep your house after you filed bankruptcy? You had no money so they had to foreclose on your property. It's a common practice.
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