I purchased a mobile home in September 1999 and paid on this home for four complete years before I decided I was buying a real house. I contacted Green Tree/Conseco or whatever the heck they want to be called and told them I wanted to voluntarily surrender the mobile home as I could not afford two mortgages. At that time I was a single mother with one child (he's 18 now).
They said sure and that they would send be a form to complete. And so they did, but must I say that the Notice/form was dated 7/24/03 and I didn't even talk to them until around the end of August beginning of September. Anyway, I received it, and it states that "I understand that this waiver and renunciation is made in consideration of a release of me from liability for any deficiency in the secured indebtedness only if a new buyer is found who meets Green Tree's credit requirements and a transfer of my manufactured home is completed.?
Furthermore, it states that "I remain obligated and liable for the payment of any deficiency, if allowed by state law, in accordance with the Security Agreement, upon such indebtedness if Gree Tree Servicing LLC is unable to find a new buyer."
Well, lo and behold, they found a buyer and did not inform me until about 6 months afterwards when they decided to contact me for payment of what is due (amount financed minus amount received for selling mobile home). Well, you know they only sold the mobile home for $4,000.
Please tell me that I am not liable for this balance as they stated above I AM RELEASED FROM LIABILITY FOR INDEBTEDNESS IF THEY FIND A NEW BUYER. They found a buyer and it's not my problem they did not sell the mobile home for what is owed on it.
In my eyes, I have more than paid for this home in the four years I paid them a payment each month, on time, with 14.25% INTEREST.
Now, they are harassing me and telling me I have to pay this or they are going to garnish my wages.
These people are very CROOKED and I'm not paying them anything.
Richford, New York