• Report: #190126

Complaint Review: Green Tree Servicing, Conseco, Green Point

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  • Submitted: Fri, May 05, 2006
  • Updated: Fri, December 28, 2007

  • Reported By:Austin Texas
Green Tree Servicing, Conseco, Green Point
7800 Ih 10 West Suite 200 San Antonio, Texas U.S.A.

Green Tree Servicing, Conseco, Green Point Raided bank account, stolen property insurance money, threatening repossession Ripoff San Antonio Texas

*UPDATE Employee: There are always two sides to a story....

*Consumer Suggestion: Kay, the bank is wrong..better read FEDERAL REGULATION E..

*Consumer Comment: I don't use lawyers!

*Consumer Comment: GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account.

*Consumer Comment: GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account.

*Consumer Comment: GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account.

*Consumer Comment: Brian, you are rather condescending!!!

*Consumer Suggestion: Bob, she needs to file larceny charges on Greentree!

*Consumer Suggestion: Handling your San Antonio problem

*UPDATE EX-employee responds: Threatening repossession

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On 4-28-06 My fiance and I received a notice of certified mail document. We could not retrieve the notice until some days later, because we had to wait until Saturday due to her having a full-time job as a temp with the Office of Attorney General and my car not running. [Dealing with this has required her to miss two days of work this week.]

The notice she received 'warned' her that her mobile home would be repossessed ten days from the DATE of the NOTICE (April 25). So, that gave her about 2 days to do something... today, May 5, is the last day.

Due to loss of employment and setbacks due to verifiable illness, it has been difficult at times for her to make payments on time on every occasion in the most recent few years, but she has ALWAYS made good on her commitment to them and now they are wanting to take this home away from at a time when she is less than two months payments behind.

Their abuse toward her runs deep and goes far beyond this eviction notice. In years past, they've lied about sending documents they never sent. They've lied about phone conversations she allegedly had with them that never happened. They've raided her bank account for money she never authorized be paid to them. She has real paper examples generated by them that prove their deception and also records and other evidence that will prove that it was impossible for them to have had the conversations or authorization they claim to have had with her.

After per agreement that she would allow them to use an insurance company of their choosing to provide her with homeowners insurance. Those payments totaling approximately $800 were spread over eight months (roughly $100+ per month). Those payments were supposed to pay for an entire year's worth of insurance. When the month came that those payments would be complete, Green Tree sent the insurance company her account was with a notice that the insurance should be canceled because the house was being repossessed by them. The insurance company then paid back Green Tree nearly $350 of insurance premiums she had paid and kept that money.

She wouldn't even have known about it except the insurance company sent me a notice that they had returned the prepaid, unused portion of the insurance back to Green Tree. Of course, Green Tree didn't repossess her home, but here is what they did do. They sent her a notice that claiming that my home owners insurance had been canceled per HER verbal request. She NEVER spoke to any Green Tree representative about canceling her insurance. Why would she? She had months of paid insurance left.

That was cash she had paid for insurance and yet, instead of the money being reimbursed to her as it should have been, it was sent back to Green Tree, who took the money and not only never mentioned it to her, they never applied that money to her mortgage, much less put it in escrow toward her behalf so it would be available to be applied to a new insurance policy or toward payment on the outstanding mortgage payment due at the time.

Green Tree has twice wiped out every cent she had in her bank checking account without even notifying her and caused her to end up paying numerous insufficient fund charges for all of the legitimate checks she had written that bounced because of their deeds. She had to pay her bank "stop payment" charges which work on a per transaction basis just to keep them from continuing to rob her account. Even that didn't work so well and she finally had to change bank accounts in order to stop them. She has requested any form of electronic payments to them from that account be declined as well.

The fact is, if she had the money she has paid out as the result of Green Tree over-drafting her bank account on a number of occasions, the money she's paid to block them from accessing her account, the money she's paid toward insurance and other items with them she never got credit for, wages she's lost as the result of having to deal with them in just such situations as she is in now with them... she would be paid up with them and then some!

I hope someone that might be able to provide her some help will take the time to read this complaint. She needs help and she needs it now. I'm doing everything I can, but I'm afraid it won't be enough. For all I know, she may be homeless this weekend. From top to bottom, I believe Greentree is the most crooked company I've ever encountered.

She and I are both sick and tired of their harassment, threats and thievery, and I REALLY don't want to see her lose her home. Is there any way to stop this?

Bob
Austin, Texas
U.S.A.

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This report was posted on Ripoff Report on 05/05/2006 11:28 AM and is a permanent record located here: http://www.ripoffreport.com/r/Green-Tree-Servicing-Conseco-Green-Point/San-Antonio-Texas-78230/Green-Tree-Servicing-Conseco-Green-Point-Raided-bank-account-stolen-property-insurance-190126. 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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REBUTTALS & REPLIES:
0Author 10Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

There are always two sides to a story....

AUTHOR: Collections Rep - (U.S.A.)

I have been employed with Greentree Servicing since February of 2006. As far as customer relations are concerned, I'm aware that there are the "nasty collectors" that are employed by Greentree who often step out of line and make a bad name for the company as a whole. That is truely unfortunate for employees like me who genuinely enjoy thier job in Collections. I have created wonderful bonds with the customers I've spoken with over the past two years....in fact, when my son was born in November of last year, a Greentree customer sent my newborn son a handmade afghan. We are not all terrible, harrassing individuals.

Now on the flip side of things is this:

The point I strive to make to our customers every day is this. We gave you a lengthy, in-depth, contract to read when you decided to finance your home with Greentree. We adhere to the contract.....and often consumers fail to read it. One gentlemen from Arizona actually told me he was illiterate so it wasn't his fault that he didn't know what it said. Another woman advised me that her husband had cancer, so we were required by law to give her a 6 month extension on her payments....if that's true, where's the sign up sheet for that? My dad's been fighting for his life against cancer for the past 14 months and I've never missed a payment. My personal favorite excuse is Christmas.....they fail to pay their mortgage because of that? Doesn't seem very pro-active to me. Not to mention, nobody springs it on you in the middle of July....it comes at the same time every year. Sometimes, I fight the urge to say, "Where are you going to put all those shiny new gifts when your mobile home is driving away for failure to prioritize and put your home first!" Once again, I am respectful, compassionate, and understanding....I've had problems in life. I was not handed the silver spoon. I have worked for everything I possess, and managed to assist my parents with thier bills when my dad had to stop working. The things we hear on a daily basis would blow you away....now please, do not get me wrong. I fully understand that life happens to you, in fact...it happens to me every day. "My dad has cancer, my grandma is hospitalized, my son is constantly sick requiring me to miss work, I'm a single mom....." Those are the reasons for delinquency that people give me every day. The funny thing about it is....those excuses all describe me. And my mortgage, car loan, utilities, and credit card bills are always paid on time. I do it alone....nobody helps me...not the state, no family, no friends. I signed my name promising I would adhere to the contracts, so I do.

Another thing is this....who in the world taught those children thier manners? As a representative who calls 200+ people on a daily basis, I have decided this. My child will never answer the phone and speak to people the way that Greentree customer's children do. I've never been a violent woman, but if he does, his teeth will strategically be removed from his mouth. I'm a very polite person.....I'm a strong Christian woman, and I pray for the children, not to mention, the grown men and women, who say the things I hear. I've been called names I can't imagine a child should know....I'm screamed at, belittled, and badgered for simply saying, "Good afternoon, I'm looking to speak with Mr and Mrs Fill-In-The-Blank, are they available?"

As far as the practices of Greentree go, I can tell you this. The customer's checking account number is encrypted and nobody, including supervisors, can obtain it after we process a payment when authorized. Our calls are recorded, and take it from me, if we mess up, our Quality Assurance scores suffer....this in turn, affects our raises. I failed last month for failing to verify a customer's mailing and property address and forgetting to ask the reason the account fell behind. So, I can hardly believe that representatives are allowed to continuously badger customers and get away with it.....it just doesn't make sense to me.

My best advice for people is to research a few things. Research when and how a home can be repossessed. Research why we don't indentify the company we're calling from until asked for it. Research why you're charged for forced placed insurance. Research simple interest loans. READ THE CONTRACT. Consult an attorney if you have questions....don't threaten us with action you can't take, it's against FDCPA regulations...that's why I haven't done the things I've been tempted to do to rude customers that have insulted me. :)

I wish you all the luck in the world, and I hope I have the pleasure of speaking with you someday. I can guarantee that you'll end the conversation by thanking me for being so professional, informative, and pleasant....

Ms. Collections Rep
RC, SD
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#2 Consumer Suggestion

Kay, the bank is wrong..better read FEDERAL REGULATION E..

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

Kay,

You wrote: "Hey Steve, (FL) according to my bank, if she wrote a check, they have her routing # and checking account # and they can do what ever they want to with it. Nonetheless, taking money without consent is illegal. It is the debit that we can fight!"

No one can legally take money out of anyone's account without the specific authorization of the account holder, or a court order.

The only thing they can legally do is process a handritten check electronically, or get a court to authorize the garnishment of the account. However, garnishment is illegal in TX.

Taking money from someone's account without authorization is theft. And I believe in TX, the amount that makes it a felony is very small.

The OP needs to file larceny charges ASAP. And the bank is required under FEDERAL LAW to assist an account holder in the recovery of funds taken illegally from any account.

As far as the insurance thing goes, this is fraud. That is why the insurance company sends those notices. They are operating legally and want to avoid this type of fraud by GreenTree.
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#3 Consumer Comment

I don't use lawyers!

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

Hi Kay!

you said you would really like to talk to my lawyer or words to that effect.

I dont have a lawyer. I think most lawyers are crooks and the scum of the earth. I decided some time ago that I will never hire or pay a lawyer again.

I did the "accord and satisfaction" strategy all by myself. It is a misconception that you are required to have and attorney.

I have been whipping up on conseco/greentree and its lawyers for about 8 years now. They have not got any of my money and the trailer is still sitting on my property, despite all their huffing and puffing about "repo".

I recently discovered information that at first glance indicates that Green Tree Servicing L.L.C. AND their current lawyers, are operating illegally here in Texas.

I think if this information pans out that any person in Texas dealing with these scumbuckets will be able to stop them cold.

A similar situation may be going on in other states, even Georgia.

How close are you to the capital of your state?
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#4 Consumer Comment

GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account.

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

First, let me start off by saying this to Bob (TX). I too received a notice of certified letter in the mail....I didn't go to the post office and sign for it. GT also sent that same letter to the contract signer and of course they signed the certified letter. But, what's that gonna do? The signers of this home filed bankruptcy!!!

GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account. I went to my bank (Regions) and was told that I am protected when I use my debit card. I am NOT protected when I send a check. But, I signed an Affidavit of Unauthorized ACH debit. I now have my money back in my account $273.11 + $9.00 seedpay. GT tried calling my cell phone today, I did not answer. But, I did call them again today to get that manager Mr. Ramsey. I explained to him that a debit was not what was told to Mr. Mitchell. And not $273.11, therefore, I have signed fraudulent papers with my bank. I want to hear the recorded conversation between Brian and Mr. Mitchell. I want to hear exactly what was said regarding my money and how it was to be transacted. Mr Ramsey wanted me to put all this in writing and fax it to him immediatly. I did. Before hanging up the phone, I informed him that I now have pressed fraud charges on them. Now, wait and see.
In the mean time, I will STOP all transactions in my bank account that has anything to do with GT.

Now, to Brian (ex-employee)..You should know how these people operate. You've got a taste of the "inside." You have signed this rebuttal as "ex-employee", so you are telling me that you yourself did not like the way they treated the everyday common folk. But, in your above statement you made a comment that floored me. How dare you state, and I want to quote you, "embellishing(lying or exagerating for the ignorant)as I suspect you are." END QUOTE

Brian, you may be an ex-employee...but, you sure carry the traits! My first reaction to this statement was to scream...You MF'er! You're on the outside now, and you're reading complaint after complaint but you suspect.. embellishment?

As for Dan in TX....I agree with you. I really want to speak to your attorney. Does he have privileges in Mississippi? I want in.

Hey Steve, (FL) according to my bank, if she wrote a check, they have her routing # and checking account # and they can do what ever they want to with it. Nonetheless, taking money without consent is illegal. It is the debit that we can fight!

Linda (SC) Way to go!
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#5 Consumer Comment

GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account.

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

First, let me start off by saying this to Bob (TX). I too received a notice of certified letter in the mail....I didn't go to the post office and sign for it. GT also sent that same letter to the contract signer and of course they signed the certified letter. But, what's that gonna do? The signers of this home filed bankruptcy!!!

GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account. I went to my bank (Regions) and was told that I am protected when I use my debit card. I am NOT protected when I send a check. But, I signed an Affidavit of Unauthorized ACH debit. I now have my money back in my account $273.11 + $9.00 seedpay. GT tried calling my cell phone today, I did not answer. But, I did call them again today to get that manager Mr. Ramsey. I explained to him that a debit was not what was told to Mr. Mitchell. And not $273.11, therefore, I have signed fraudulent papers with my bank. I want to hear the recorded conversation between Brian and Mr. Mitchell. I want to hear exactly what was said regarding my money and how it was to be transacted. Mr Ramsey wanted me to put all this in writing and fax it to him immediatly. I did. Before hanging up the phone, I informed him that I now have pressed fraud charges on them. Now, wait and see.
In the mean time, I will STOP all transactions in my bank account that has anything to do with GT.

Now, to Brian (ex-employee)..You should know how these people operate. You've got a taste of the "inside." You have signed this rebuttal as "ex-employee", so you are telling me that you yourself did not like the way they treated the everyday common folk. But, in your above statement you made a comment that floored me. How dare you state, and I want to quote you, "embellishing(lying or exagerating for the ignorant)as I suspect you are." END QUOTE

Brian, you may be an ex-employee...but, you sure carry the traits! My first reaction to this statement was to scream...You MF'er! You're on the outside now, and you're reading complaint after complaint but you suspect.. embellishment?

As for Dan in TX....I agree with you. I really want to speak to your attorney. Does he have privileges in Mississippi? I want in.

Hey Steve, (FL) according to my bank, if she wrote a check, they have her routing # and checking account # and they can do what ever they want to with it. Nonetheless, taking money without consent is illegal. It is the debit that we can fight!

Linda (SC) Way to go!
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#6 Consumer Comment

GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account.

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

First, let me start off by saying this to Bob (TX). I too received a notice of certified letter in the mail....I didn't go to the post office and sign for it. GT also sent that same letter to the contract signer and of course they signed the certified letter. But, what's that gonna do? The signers of this home filed bankruptcy!!!

GT is holding my check I wrote in May, but when we called them to put the check thru the bank, they DEBITED my account. I went to my bank (Regions) and was told that I am protected when I use my debit card. I am NOT protected when I send a check. But, I signed an Affidavit of Unauthorized ACH debit. I now have my money back in my account $273.11 + $9.00 seedpay. GT tried calling my cell phone today, I did not answer. But, I did call them again today to get that manager Mr. Ramsey. I explained to him that a debit was not what was told to Mr. Mitchell. And not $273.11, therefore, I have signed fraudulent papers with my bank. I want to hear the recorded conversation between Brian and Mr. Mitchell. I want to hear exactly what was said regarding my money and how it was to be transacted. Mr Ramsey wanted me to put all this in writing and fax it to him immediatly. I did. Before hanging up the phone, I informed him that I now have pressed fraud charges on them. Now, wait and see.
In the mean time, I will STOP all transactions in my bank account that has anything to do with GT.

Now, to Brian (ex-employee)..You should know how these people operate. You've got a taste of the "inside." You have signed this rebuttal as "ex-employee", so you are telling me that you yourself did not like the way they treated the everyday common folk. But, in your above statement you made a comment that floored me. How dare you state, and I want to quote you, "embellishing(lying or exagerating for the ignorant)as I suspect you are." END QUOTE

Brian, you may be an ex-employee...but, you sure carry the traits! My first reaction to this statement was to scream...You MF'er! You're on the outside now, and you're reading complaint after complaint but you suspect.. embellishment?

As for Dan in TX....I agree with you. I really want to speak to your attorney. Does he have privileges in Mississippi? I want in.

Hey Steve, (FL) according to my bank, if she wrote a check, they have her routing # and checking account # and they can do what ever they want to with it. Nonetheless, taking money without consent is illegal. It is the debit that we can fight!

Linda (SC) Way to go!
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#7 Consumer Comment

Brian, you are rather condescending!!!

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

Bob:

So sorry for all that you're experiencing...we, too, deal with this company, and are desperately researching refinancing options.

But Brian...what possible reason do you have to be so nasty to someone who obviously just needed to vent?? Your comments were unnecessary and insulting...

Also...if you're going to act so superior to people that have fallen on bad times and plan to post your condescending comments...try spell-check or a dictionary...correct spelling counts.

Good luck Bob!!

Linda
Myrtle Beach, SC
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#8 Consumer Suggestion

Bob, she needs to file larceny charges on Greentree!

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

Bob,

It was illegal for Greentree to take any money from her checking account without her specific authorization. This is a felony.
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#9 Consumer Suggestion

Handling your San Antonio problem

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

I am in the Austin area and have been dealing with these clowns for about 8 years now.

They have not gotten a cent from me in those 8 years and the "home" is still sitting there.

First, they cannot simply "repo" the howe without you just letting them. They have to go to court and get a judgement.

If your name is not on the note Bob, AND if the home is on a rental lot or seperate from the land it sits on (not a land-home package) you might simply consider making a payment for her.

Pay by check preferably one on a bank account where you get your checks back after they clear with your statement.

Make sure you right on the back in fine print:

"endorsement of this instrument constitutes full accord and satisfaction for account #(her account number) and waiver of all claim to or lien upon (make, model and serial #)mobile home"

If they accept you have a strong legal argument that you have bought the home outright for her.

dont tell them you are doing this...just put it in the normal payment envelope and mail it to them.

After you do what I have suggested, you can ignore them until they get around to filing suit.

Do not move out or let them repo. Their suit will be for supposed breach of contract by non payment. Your answer is that you paid it off in full with your accord and satisfaction.

Incidently, they are on their third lawyer with me, the first two they fired. The third one is getting nowhere also.
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#10 UPDATE EX-employee responds

Threatening repossession

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

Green Tree loans are not traditional mortgages and their is no ESCROW. Read your contracts if you can't read have someone read them to you! Anytime your loan goes over 30 days past due it is a severe delinquency and the lender (no matter who it is) has the right to excellerate the loan (repossess) Bottom line you don't get to keep your stuff if you don't pay for it!!! Also when you have a loan in which it is stipulated in the contract that you need to have full coverage insurance and you do not have coverage the lender pays for forced placed insurance, this is paid out of the lenders own pocket in full.

The customer then normally pays that back in some sort of payment plan, if the collateral insurance is cancelled no matter what the reason, the insurance goes back to the lender. Again, read your contract & understand the law. If you have any verifiable proof of wrongdoings as you CLAIM, then you have legal recourse, if you are embellishing(lying or exagerating for the ignorant) as I suspect you are, and therefore you have no recouse.
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