- Report: #1062759
Report - Rebuttal - Arbitrate
Complaint Review: GreenTree
GreenTreeP.O. Box 6172 Rapid City, South Dakota USA
GreenTree misappropriation of funds, failure to return said funds, mendacity, lack of integrity Rapid City South Dakota
*Author of original report: resolved issue with GreenTree
I have a home mortgage with GreenTree, which was opportunistically sold to them by yet another company. I have had this mortgage for many years, and to that end I make monthly payments to GreenTree. I have never failed to make a required payment or been tardy in remitting my payments.
On 1 June, 2013, I submitted my normal monthly payment via a check drawn on my account with Bank of America, check number 8133, and I mailed said payment ($394.00) on the same date.
On 12 June, 2013, while I was perusing my on-line account, I discovered that the aforementioned check had been processed and cashed by GreenTree in the amount of $594.00 instead of the amount for which it had been written.
I immediately contacted in person a bank officer at the local branch of Bank of America and apprised that individual of the discrepancy. That individual then organized a conference call between myself, Bank of America, and GreenTree.
The representative at GreenTree eventually acknowledged the error (it was stated that some keyboard operator had misread the numerical entry on my check, mistaking the "3" for a "5", but the only problem with this is that the law requires that the amount entered in script be examined, not the numerical entry) and averred that the money ($200.00) would be refunded as soon as possible with all parties listening. I was told by the Bank of America representative to allow two (2) weeks for the money to be returned to my account and that if it was not returned to contact Bank of America and they would resolve the issue for me
I waited the designated two (2) weeks, and not only was the situation not resolved by GreenTree, GreenTree never even so much as deigned to send me any type of written communication acknowledging the error and informing me that the error was in the process of being corrected. All that I received over this two (2) week period from GreenTree was total silence.
On 27 June, 2013 I decided to call GreenTree myself and explore the reason(s) for both the unreturned $200.00 and the insult for totally ignoring any acknowledgement of the problem. To that end, I dialed 800-643-0202, asking to speak with a representative. I finally connected to a young man who claimed to be named "Cody" and explained to him the gist of my problem, hoping that he could understand my English better than I could understand his.
He stated that he did not know anything about what I was saying regarding the return of my money since there was only one way to resolve this problem: I would have to send by FAX (1) the pertinent part of my bank statement so that they could know that I had not sent them a hot check, which was rather stupid since they had already received the money; (2) my bank routing number; and (3) my bank account number.
These items I was instructed to FAX, along with a cover leter explaining the reason for which I was sending these items. I was given a number to which the FAX must be sent, but he did not know whether the FAX was going to GreenTree's Dallas, Texas office or to their South Dakota address.
He did, however, allegedly give me his telephone extension number in case I needed to call him back with other questions. He said that that upon receipt of the FAX GreenTree would return the money to my account within two (2) hours.
By the time of their business closing hours, several hours later, the money had either not been returned or it had not been posted by Bank of America.
The bottom line is that GreenTree may have initially made an error in typing the amount to be processed (I do not believe this since they have never before made such an error, but it is possible), but after they were apprised of the error and circumstances by the conference call between me, GreenTree, and Bank of America, they WERE no longer operating on the premise of error.
As I mentioned above, "Cody" told me that it takes two (2) hours for the money to be wired back into my account, but two (2) weeks later it still was not returned. Consequently, I am persuaded that "error" somehow became misappropriaton of funds and theft.
What I offer now is pure speculation, but I will speculate for the record: I suspect that GreenTree's plan is to reduce this coming month's payment by the amount they misappropriated ($200.00) and call it even. Ordinarily, I would not have a problem with this approach, but since GreenTree is wont to put anything in writing, I would have only their action as proof of their good intentions. And maybe six (6) months down the chronological line, they might come back and say that I am $200.00 in arrears even though they would know it to be a lie since they obviously have a propensity for mendacity.
Additionally, I searched the web tonight for information of GreenTree, and I was appaled to discover how egregiously they conduct themselves with their customers; there a volumes and volumes of people who have allegedly been abused by this company's representatives, and in point of fact, they, GreenTree, are the target of a class action lawsuit for violating the telephone collection laws (http://theleonardlawoffice.com/2013/04/03/complaints-about-green-tree-servicing/).
But I digress. The other problem that I have with my speculative scenario is that I object to a company stealing my money and unilaterally and summarily deciding how I would spend that money by minimizing my next scheduled payment in the amount that they misappropriated. If I wanted a nanny, I would hire one.
In any event, as I indicated in my FAX to GreenTree once I get a pay-off amount on my note and pay it off I will never again do business with GreenTree in any way, shape, or form; and any company that summarily sells my financial paper to them will be sued without hesitation.
I have made several statements about sending documents by FAX to GreenTree, but there is no way to prove that statement at the moment; however, I have the complete copies of those documents and letter that I am prepared to send via regular mail to the administrator of this complaint forum anytime he so desires them to back up my claim, including a copy of my original check to GreenTree. Moreover, I am prepared to testify under oath that the foregoing is in fact true.
This report was posted on Ripoff Report on 06/28/2013 01:38 AM and is a permanent record located here: http://www.ripoffreport.com/r/GreenTree/Rapid-City-South-Dakota-57709-6172/GreenTree-misappropriation-of-funds-failure-to-return-said-funds-mendacity-lack-of-int-1062759. 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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