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Report: #252552

Complaint Review: Vanderbilt Mortgage - Maryville Tennessee

  • Submitted:
  • Updated:
  • Reported By: navarre Ohio
  • Author Confirmed What's this?
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  • Vanderbilt Mortgage 500 Alcoa Trail Maryville, Tennessee U.S.A.

Vanderbilt Mortgage Can Customer Service Reps really treat people like this? ripoff Maryville Tennessee

*Author of original report: Power trip is what its called

*UPDATE Employee: Most of us collectors sleep fine

*Consumer Comment: Points to ponder

*Consumer Comment: rude customer service

*Author of original report: Vanderbilt Mortgage

*Author of original report: Vanderbilt Mortgage

*Author of original report: Vanderbilt Mortgage

*Author of original report: Vanderbilt Mortgage

*UPDATE Employee: Charlotte...

*UPDATE Employee: Charlotte...

*UPDATE Employee: Charlotte...

*UPDATE Employee: Charlotte...

*Author of original report: Phone Recording

*Consumer Suggestion: Call recording - check your state laws or esle...

*Author of original report: Vanderbilt Mortgage Collections - review your rights to the Fair Dept Collections Act and also look up Consumer Justice

*Author of original report: Vanderbilt Mortgage Collections - review your rights to the Fair Dept Collections Act and also look up Consumer Justice

*Author of original report: Vanderbilt Mortgage Collections - review your rights to the Fair Dept Collections Act and also look up Consumer Justice

*Author of original report: Vanderbilt Mortgage Collections - review your rights to the Fair Dept Collections Act and also look up Consumer Justice

*Author of original report: Vanderbilt Mortgage

*Consumer Suggestion: Better check your state before you tape a phone call

*Author of original report: To Gayle ...you just dont get the big picture

*Author of original report: To Gayle ...you just dont get the big picture

*Author of original report: To Gayle ...you just dont get the big picture

*Consumer Suggestion: Have your lawyer review the contract

*UPDATE Employee: Read the contract BEFORE you sign.. also welcome to homeownership

*Consumer Comment: VANDERBILT MORTGAGE.....THESE PEOPLE ARE EVIL AND MUST BE DESTROYED!!!

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I just had another run in with a customer service rep today, I was more or less told I was going to loose my home because I would not update my finacial account, (very personal questions) even about my fiancee and my older son who does not regularly live in my home. I got a payment behind (mays) but I got it caught up today, I am now going to be late for June. I had some financial difficulties in May and I got behind, and Lord and behold Vanderbilt does not like that. I was hounded and hunted down like a fugitive, because I was late. I was told that I had to have Junes payment in by the 20th or they were going to take my home. I was talked to like a dog, and treated like a dog by the sales rep. I took all I could and therefore asked to speak to a supervisor, well lets just say I did not get a nice southern greeting from him either, but he did extend my payment till the 30th but I have to also pay all of julys on that date too.

I have no problem with doing that I had planned to do it anyway, because we are slowly getting our heads above water again. I just want to know if these people can legally make these threats and cause people like me to sit on pins and needles wondering if I am going to loose my home because I was late in the month of May. I borowed a little over 19,000.00 and by the time this is paid off its going to be 50 some thousand. I have had this place since 2001 and my pads are all broke underneath of my home ( I bought new from Clayton and they supposively set them up) My central air that they financed and also set up by Clayton mobile Homes runs on a dummy switch that I have to turn off and on until I got a guy to hook up the right wires. The underneath air ducts are completely rotted. I have more air going out than coming in.

I guess I just wanted to tell everyone that the seller of the home and the finance company are rude liars and crooks in my book. If any class actions are going on please someone email me or let me no.

Charlotte
navarre, Ohio
U.S.A.

This report was posted on Ripoff Report on 06/05/2007 07:40 PM and is a permanent record located here: https://www.ripoffreport.com/reports/vanderbilt-mortgage/maryville-tennessee-37804/vanderbilt-mortgage-can-customer-service-reps-really-treat-people-like-this-ripoff-maryvi-252552. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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0Author
26Consumer
0Employee/Owner

#26 Author of original report

Power trip is what its called

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

POSTED: Friday, July 13, 2007

What you have going on is a power trip Gayle, its probably because other than at your job you have no power anywhere else. I do believe the statement that you made in your last paragraph can explain that, you no how you have sent the letter and it wasnt a threat you did it. You know people like you make me sick, you dont care about anyone but collecting your bonus each payday.

I have done collections in the past, and let me tell you Miss Gayle, I sure did not ever talk to a client the way you all at Vanderbilt talks to them. I can assure you that it was not aloud, you are not God, and your job is to do your best to help. You Gayle and many others with your rude comments break all the laws of ethnics to collecting.

I want to know how Vanderbilt lost a license with the FTC, I can only guess. I believe and this is my personal opinion. that Vanderbilt sets people up for failure, but guess what Miss Gayle, I will pay my bill and I will own my home. You are not better than anyone (you act as you are) you Miss Gayle are our equal, just remember that.

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#25 UPDATE Employee

Most of us collectors sleep fine

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

POSTED: Tuesday, July 10, 2007

Sorry but i along with about 200 plus employees enjoy the job I do. I do help people who do need help. I help with either payment plans or even extensions to get them current. Heres the difference. If the customer is sincere and helpful with the information needed that helps. They are going to go over finances and debts. The customer did this when they bought the home. It is the same information. You would not get the home if you could not prove you could afford it. You have to provide either w2's or end of year pay stubs. They pull bills from your credit and figure those in to see what ratio you are running. When I am reviewing for assistance this is the same information we need. Why would we extend someone's account if they cannot afford the home any longer? That is prolonging not assisting. If i can see what the reason is your in breach of your contract and in default of the payment and i can see you can afford the monthly payment but not to get fully up to date and i can see we have not had to extend you before then yes you will most likely get extended. If you are not working and there is not verifiable income then how can i see that you can afford the home? I can extend that. If there is not anything that can be done then yes i will tell you that you are in over your head and may need to look at renting or selling the home and that we have to take further action on this account. We are not in business to carry loans in default. I have several pleasant conversations every day and those that unfortunatly i have to tell the bottom line to. There is no lie in it. It is the truth and yes it may hurt when the realization hit that there is nothing i can do to help. It is a job and this is business. I just helped a customer whose wife drained the bank account and left him and their child. He sent in the verifiable proof of income went over the information and even had his bank fax in a letter stating what happened. He was upfront honest and gave me everything i needed. He got his extension the same day. I have also had a customer who was self employed and injured but could not provide proof of income because was self employed. He kept contact with me and worked the payment plan we set up. The same income and debt information has to be reviewed so i know what i can set him up on. He is up to date and have not had to talk to him again. I had a woman today call in that was laid off from her job. She lives in michigan and they are really having a hard time with employment there. She has never been late until this month. I have advised her to try to sell the home or rent it and even offered to help her list her home with sales centers and area parks. I went over the ramifications of reposession with her and she understands and I told her to follow up with me weekly for the rest of the month to see if we can get the home sold to someone since she doesn't want to rent. I told her if not then we can go forward with the reposession but we need to try first. She was pretty happy as well. I had a guy that has avoided the calls and is in default and i sent someone out to the home and got pictures and a condition report because I am proceeding with his account. He called and wanted to fuss about someone being out there and i tried to talk with him. he clammed up and so i told him that at this point i have nothing to review for assistance and will further the legal action. The call ended. That is not a threat because I stated what I am doing and his legal letter went out today. This is business. If we had a bleeding heart for everyone and not a business prospective we would not be in business. There is nothing personal it is simply business.

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#24 Consumer Comment

Points to ponder

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

POSTED: Monday, July 02, 2007

First, Charlotte, let me say how sorry I am for your unfortunate circumstances. I could not imagine going through what you have been going through and I'm glad you got your payments made.

Second, I do not work for a collections agency and never would. However, I do have some points to ponder about those who do.

I believe they are not merely "customer service reps". I believe they have quotas to fill. Say your CSR was handed some files one day and told she has to get these loans caught up by a certain date, or she would be fired. Or say she knows it's close to payday and she needs to reach a certain quota in order to get paid what she needs. Say her husband was just disabled and cannot work. Say she needs to keep her roof over her and her childrens' heads. She is just as desperate to get your payment as you are desperate for her to work out an arrangement with you.

I'm not saying that some of the things she said to you were right. They definitely were NOT! However she may have been just as desperate as you were, and desperation can cause many to be despicable. Also, can you imagine her job, people yelling at her all day long? Regarding things she said to you, she either has a cold, cold heart, or she goes home crying all night for things she said throughout her stressful day. I'm sure those people don't have their jobs for very long.

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#23 Consumer Comment

rude customer service

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

POSTED: Monday, July 02, 2007

I have hadtrouble with my payments to/I was told I was 2 month's behind on my payment's.I am not but tired of fighting with them.I was told they were going to not accept my payment this month if it was late.They lied to me about sending someone to my house to take pictures and he proposisioned my 16 year old daughter.They are rude and listen to no one.If we could aford it I would refinance with some one else.

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#22 Author of original report

Vanderbilt Mortgage

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

POSTED: Friday, June 29, 2007

To Gayle, I no longer need any of you advice my bill is paid and I hope to never get in the position again. I see you still have not seen the big picture here.....it is how we are treated..thats the big picture. Its not the collecting the dept that gets me..its the imtimidation that ya all do their at Vanderbilt. There is such a thing as people skills and your reps are far in between with these skills. Further more I could not tell you the last time I had a steak or a soda, we are simple people with down home standards. I have never lied when any rep has called my home I am a prideful person and I plan to pay what I owed. I dont smoke or drink and waste money, there is times when I rent a movie and pop popcorn and sit down with my kids drinking homemade ice tea. (see I dont have cable its not necessary) Yes I do have a computer and a phone and I pay 9.95 a month for my service for my school work I do believe that is my only luxury I have besides my children. I believe you are wrong about hospitals and sending them just 10dollars a month, see they dont have to except that payment, if they do thats great then they are stuck with that arrangement but if they dont then you pay them what they ask for and if you dont they will attach your wages. I have a neighbor that just went through that because she would not pay them 50 dollars a month. I just wanted to educate you about the real world. Compasion Gayle is all anyone needs, I no there are people who go and run up a bunch of bills with no intentions to pay them, but the majority of us out here is trying to make a good living for ourselves and pay our bills. Sometimes just showing a little bit of compasion for people and then saying okay lets see how we can help you keep your home goes a longer ways instead of telling people they are lazy and we are going to take your home from you. I can tell you one thing though, I dont hide from you if I am home I answer my phone incase its an emergency (I dont have caller ID) I have my stuff caught up and I intend to get a couple payments in there ahead of time to always stay caught up, I have my pride Gayle I am not like the person you make me out to be, never been a free loader and never will. I just had something happen that was disasterous but all is better thanks for asking. I feel you need to tone your attitude down a bit gainst people, we are your equal not your enemy.

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#21 Author of original report

Vanderbilt Mortgage

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

POSTED: Friday, June 29, 2007

To Gayle, I no longer need any of you advice my bill is paid and I hope to never get in the position again. I see you still have not seen the big picture here.....it is how we are treated..thats the big picture. Its not the collecting the dept that gets me..its the imtimidation that ya all do their at Vanderbilt. There is such a thing as people skills and your reps are far in between with these skills. Further more I could not tell you the last time I had a steak or a soda, we are simple people with down home standards. I have never lied when any rep has called my home I am a prideful person and I plan to pay what I owed. I dont smoke or drink and waste money, there is times when I rent a movie and pop popcorn and sit down with my kids drinking homemade ice tea. (see I dont have cable its not necessary) Yes I do have a computer and a phone and I pay 9.95 a month for my service for my school work I do believe that is my only luxury I have besides my children. I believe you are wrong about hospitals and sending them just 10dollars a month, see they dont have to except that payment, if they do thats great then they are stuck with that arrangement but if they dont then you pay them what they ask for and if you dont they will attach your wages. I have a neighbor that just went through that because she would not pay them 50 dollars a month. I just wanted to educate you about the real world. Compasion Gayle is all anyone needs, I no there are people who go and run up a bunch of bills with no intentions to pay them, but the majority of us out here is trying to make a good living for ourselves and pay our bills. Sometimes just showing a little bit of compasion for people and then saying okay lets see how we can help you keep your home goes a longer ways instead of telling people they are lazy and we are going to take your home from you. I can tell you one thing though, I dont hide from you if I am home I answer my phone incase its an emergency (I dont have caller ID) I have my stuff caught up and I intend to get a couple payments in there ahead of time to always stay caught up, I have my pride Gayle I am not like the person you make me out to be, never been a free loader and never will. I just had something happen that was disasterous but all is better thanks for asking. I feel you need to tone your attitude down a bit gainst people, we are your equal not your enemy.

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#20 Author of original report

Vanderbilt Mortgage

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

POSTED: Friday, June 29, 2007

To Gayle, I no longer need any of you advice my bill is paid and I hope to never get in the position again. I see you still have not seen the big picture here.....it is how we are treated..thats the big picture. Its not the collecting the dept that gets me..its the imtimidation that ya all do their at Vanderbilt. There is such a thing as people skills and your reps are far in between with these skills. Further more I could not tell you the last time I had a steak or a soda, we are simple people with down home standards. I have never lied when any rep has called my home I am a prideful person and I plan to pay what I owed. I dont smoke or drink and waste money, there is times when I rent a movie and pop popcorn and sit down with my kids drinking homemade ice tea. (see I dont have cable its not necessary) Yes I do have a computer and a phone and I pay 9.95 a month for my service for my school work I do believe that is my only luxury I have besides my children. I believe you are wrong about hospitals and sending them just 10dollars a month, see they dont have to except that payment, if they do thats great then they are stuck with that arrangement but if they dont then you pay them what they ask for and if you dont they will attach your wages. I have a neighbor that just went through that because she would not pay them 50 dollars a month. I just wanted to educate you about the real world. Compasion Gayle is all anyone needs, I no there are people who go and run up a bunch of bills with no intentions to pay them, but the majority of us out here is trying to make a good living for ourselves and pay our bills. Sometimes just showing a little bit of compasion for people and then saying okay lets see how we can help you keep your home goes a longer ways instead of telling people they are lazy and we are going to take your home from you. I can tell you one thing though, I dont hide from you if I am home I answer my phone incase its an emergency (I dont have caller ID) I have my stuff caught up and I intend to get a couple payments in there ahead of time to always stay caught up, I have my pride Gayle I am not like the person you make me out to be, never been a free loader and never will. I just had something happen that was disasterous but all is better thanks for asking. I feel you need to tone your attitude down a bit gainst people, we are your equal not your enemy.

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#19 Author of original report

Vanderbilt Mortgage

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

POSTED: Friday, June 29, 2007

To Gayle, I no longer need any of you advice my bill is paid and I hope to never get in the position again. I see you still have not seen the big picture here.....it is how we are treated..thats the big picture. Its not the collecting the dept that gets me..its the imtimidation that ya all do their at Vanderbilt. There is such a thing as people skills and your reps are far in between with these skills. Further more I could not tell you the last time I had a steak or a soda, we are simple people with down home standards. I have never lied when any rep has called my home I am a prideful person and I plan to pay what I owed. I dont smoke or drink and waste money, there is times when I rent a movie and pop popcorn and sit down with my kids drinking homemade ice tea. (see I dont have cable its not necessary) Yes I do have a computer and a phone and I pay 9.95 a month for my service for my school work I do believe that is my only luxury I have besides my children. I believe you are wrong about hospitals and sending them just 10dollars a month, see they dont have to except that payment, if they do thats great then they are stuck with that arrangement but if they dont then you pay them what they ask for and if you dont they will attach your wages. I have a neighbor that just went through that because she would not pay them 50 dollars a month. I just wanted to educate you about the real world. Compasion Gayle is all anyone needs, I no there are people who go and run up a bunch of bills with no intentions to pay them, but the majority of us out here is trying to make a good living for ourselves and pay our bills. Sometimes just showing a little bit of compasion for people and then saying okay lets see how we can help you keep your home goes a longer ways instead of telling people they are lazy and we are going to take your home from you. I can tell you one thing though, I dont hide from you if I am home I answer my phone incase its an emergency (I dont have caller ID) I have my stuff caught up and I intend to get a couple payments in there ahead of time to always stay caught up, I have my pride Gayle I am not like the person you make me out to be, never been a free loader and never will. I just had something happen that was disasterous but all is better thanks for asking. I feel you need to tone your attitude down a bit gainst people, we are your equal not your enemy.

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#18 UPDATE Employee

Charlotte...

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

POSTED: Wednesday, June 27, 2007

as for the default clause read the truth in lending disclosure page. there is also a section right there called default. It reads that if the payment is not received on time that you are in default of the contract. It goes on to state you will receive a notice of default. This is a legal letter stating that action for repossession has begun and will state the expiration date. That means that on that date if the notice is not cured in full and that means in the office and posted then the account company's intentions from that point are to send you a notice of acceleration. This letter states that you have 10 days to pay the loan off in full. they do not have to accept any less than the payoff. now keep in mind that if you send in a partial payment on the default notice most states will allow the lender to keep the funds because you do owe a balance and still go forward with reposession. if you receive an acceleration there is a stop payment on the account and if you try to float a payment in then the manager (myself) at that point will either accept the funds and still go forward or will send it back to you.

If the notice of acceleration expires with no payment and you still occupy their home they will pay a sheriff to come out with a writ and remove you from the home and lock the doors. your belongings will go a storage which you will have to pay the storage fees to get back. all of this is added to the deficit balance. That is part of your contract as well. When the home is repo'd they will add on the costs (permits, trucks, storage on a lot or if landowner agrees storage fees to leave the home there, etc) they can and usually do accept the first offer and the balance will be charged to you. They can get a judgement and proceed with leins and garnishments from there.

as for the collection it is not 3rd party. The account rep works for the leinholder. This is a first party collection. I have helped numerous people during my years there. but the difference they are honest and like robert said they call first and get the information i need without me having to ask over and over. now a bank is totally diffferent than a mortgage company. a bank reports profits and loss monthly and will do an in-house write off if they feel your delinquency is not worth their profits. most acquired loans have already been charged off by the bank in house not on credit because your loan is not reporting in good standing. they are sold for cents on the dollar.

The mortgage company reports quarterly and is in the business strictly for the profit. They will hold you word for word to the contract. I am sorry if you do not call in before the rep is having to track you down. and this is a general statement to anyone late not just you. when you do not have time per your contract the best thing you can do is be honest. but if i see a rep has tried over and over to get ahold of you and left messages and called all available numbers and you simply ignore them until it is too late and i have already approved for the rep to proceed then i am sorry if at that point we cannot allow you to dictate when you are making the payment that is now in default. why should i continue to have the rep keep trying when you did not take the responsible approach? most of the responses i see on here is simply a customer that does not like that when they call in and say i will be making my payment at the end of the month when they are already 2 or more months past due and the rep tells them that is not acceptable that action is being taken. they want to say harassed. that is not true and there is nothing to support it. believe me if i have initiated action and you are due for two payments going on 3 and have had no contact then you decide you want to call in and make a payment at that point i am not accepting a partial payment on your balance and not setting arrangements with you. i am going to uphold the contract. the financer upheld their end they paid the sales center for the home on your behalf and you signed stating you agree with the terms. if you are in default then regardless of the circumstances you are not upholding your end. that simple. this is nothing personal it is business.

as for my hard times i have had them but i prioritize. i have had unexpected things come up and i will give up frivelous items such as unsecured debt or cable or cell phones to pay my bills. a hospital bill is unsecured. you send them 10 a month they cannot do anything by law (exception to the rule, because i know a lot of people always try to find a way out of things, is a private hosital) a credit card if you pay the minimum or if you rack up the credit card bills a payment of what you can while you cut them up because you do not need them if you are struggling will hold them off because again unsecured. Do you know what bolonga is? not expensive and goes a long way. you do not have to have steaks and fast food every day. water a neat idea not as sugary as sodas but you will survive. cigarettes are not a requirement for life nor beer and will save a load of money when it comes to your home. Charities. local churches salvation army and private organizations will help with food and electric easier than a mortgage so that frees up some funds. they do not like to help with a mortgage because that is an investment for you. rent they will help more with because you have to have somewhere to live. if things get real bad a yard sale or pawn will do because luxeries in life are nice but not worth your home if they will help.

we do approve extentions in some cases but if i cannot show you can afford the regular monthly payment then i will not offer it because if you owe for 2 and you pay one and i extend one then what happens the next month when you cant afford it again? i will not offer again. so if we cannot verify you can afford the payments at all then i am not prolonging the inevitable that the home will be a repo. that is business. you have to provide proof of income just like when you bought the home. if you provide that and everything shows you can afford the regular payment and we have not helped you before then we will most likely extend. but when you avoid calls, pick up then hang up, have your kids lie for you and say your not there when we can hear you tell the child to say that (and we do document that) or say that you will make the payment when you can or feel like it and now you call in because we are proceeding no i most likely will not help until you pull the loan out of default yourself. any more questions i have no problem explaining to you and any one else who needs help. so i do hope this helps educate you some on the business standpoint.

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#17 UPDATE Employee

Charlotte...

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

POSTED: Wednesday, June 27, 2007

as for the default clause read the truth in lending disclosure page. there is also a section right there called default. It reads that if the payment is not received on time that you are in default of the contract. It goes on to state you will receive a notice of default. This is a legal letter stating that action for repossession has begun and will state the expiration date. That means that on that date if the notice is not cured in full and that means in the office and posted then the account company's intentions from that point are to send you a notice of acceleration. This letter states that you have 10 days to pay the loan off in full. they do not have to accept any less than the payoff. now keep in mind that if you send in a partial payment on the default notice most states will allow the lender to keep the funds because you do owe a balance and still go forward with reposession. if you receive an acceleration there is a stop payment on the account and if you try to float a payment in then the manager (myself) at that point will either accept the funds and still go forward or will send it back to you.

If the notice of acceleration expires with no payment and you still occupy their home they will pay a sheriff to come out with a writ and remove you from the home and lock the doors. your belongings will go a storage which you will have to pay the storage fees to get back. all of this is added to the deficit balance. That is part of your contract as well. When the home is repo'd they will add on the costs (permits, trucks, storage on a lot or if landowner agrees storage fees to leave the home there, etc) they can and usually do accept the first offer and the balance will be charged to you. They can get a judgement and proceed with leins and garnishments from there.

as for the collection it is not 3rd party. The account rep works for the leinholder. This is a first party collection. I have helped numerous people during my years there. but the difference they are honest and like robert said they call first and get the information i need without me having to ask over and over. now a bank is totally diffferent than a mortgage company. a bank reports profits and loss monthly and will do an in-house write off if they feel your delinquency is not worth their profits. most acquired loans have already been charged off by the bank in house not on credit because your loan is not reporting in good standing. they are sold for cents on the dollar.

The mortgage company reports quarterly and is in the business strictly for the profit. They will hold you word for word to the contract. I am sorry if you do not call in before the rep is having to track you down. and this is a general statement to anyone late not just you. when you do not have time per your contract the best thing you can do is be honest. but if i see a rep has tried over and over to get ahold of you and left messages and called all available numbers and you simply ignore them until it is too late and i have already approved for the rep to proceed then i am sorry if at that point we cannot allow you to dictate when you are making the payment that is now in default. why should i continue to have the rep keep trying when you did not take the responsible approach? most of the responses i see on here is simply a customer that does not like that when they call in and say i will be making my payment at the end of the month when they are already 2 or more months past due and the rep tells them that is not acceptable that action is being taken. they want to say harassed. that is not true and there is nothing to support it. believe me if i have initiated action and you are due for two payments going on 3 and have had no contact then you decide you want to call in and make a payment at that point i am not accepting a partial payment on your balance and not setting arrangements with you. i am going to uphold the contract. the financer upheld their end they paid the sales center for the home on your behalf and you signed stating you agree with the terms. if you are in default then regardless of the circumstances you are not upholding your end. that simple. this is nothing personal it is business.

as for my hard times i have had them but i prioritize. i have had unexpected things come up and i will give up frivelous items such as unsecured debt or cable or cell phones to pay my bills. a hospital bill is unsecured. you send them 10 a month they cannot do anything by law (exception to the rule, because i know a lot of people always try to find a way out of things, is a private hosital) a credit card if you pay the minimum or if you rack up the credit card bills a payment of what you can while you cut them up because you do not need them if you are struggling will hold them off because again unsecured. Do you know what bolonga is? not expensive and goes a long way. you do not have to have steaks and fast food every day. water a neat idea not as sugary as sodas but you will survive. cigarettes are not a requirement for life nor beer and will save a load of money when it comes to your home. Charities. local churches salvation army and private organizations will help with food and electric easier than a mortgage so that frees up some funds. they do not like to help with a mortgage because that is an investment for you. rent they will help more with because you have to have somewhere to live. if things get real bad a yard sale or pawn will do because luxeries in life are nice but not worth your home if they will help.

we do approve extentions in some cases but if i cannot show you can afford the regular monthly payment then i will not offer it because if you owe for 2 and you pay one and i extend one then what happens the next month when you cant afford it again? i will not offer again. so if we cannot verify you can afford the payments at all then i am not prolonging the inevitable that the home will be a repo. that is business. you have to provide proof of income just like when you bought the home. if you provide that and everything shows you can afford the regular payment and we have not helped you before then we will most likely extend. but when you avoid calls, pick up then hang up, have your kids lie for you and say your not there when we can hear you tell the child to say that (and we do document that) or say that you will make the payment when you can or feel like it and now you call in because we are proceeding no i most likely will not help until you pull the loan out of default yourself. any more questions i have no problem explaining to you and any one else who needs help. so i do hope this helps educate you some on the business standpoint.

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#16 UPDATE Employee

Charlotte...

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

POSTED: Wednesday, June 27, 2007

as for the default clause read the truth in lending disclosure page. there is also a section right there called default. It reads that if the payment is not received on time that you are in default of the contract. It goes on to state you will receive a notice of default. This is a legal letter stating that action for repossession has begun and will state the expiration date. That means that on that date if the notice is not cured in full and that means in the office and posted then the account company's intentions from that point are to send you a notice of acceleration. This letter states that you have 10 days to pay the loan off in full. they do not have to accept any less than the payoff. now keep in mind that if you send in a partial payment on the default notice most states will allow the lender to keep the funds because you do owe a balance and still go forward with reposession. if you receive an acceleration there is a stop payment on the account and if you try to float a payment in then the manager (myself) at that point will either accept the funds and still go forward or will send it back to you.

If the notice of acceleration expires with no payment and you still occupy their home they will pay a sheriff to come out with a writ and remove you from the home and lock the doors. your belongings will go a storage which you will have to pay the storage fees to get back. all of this is added to the deficit balance. That is part of your contract as well. When the home is repo'd they will add on the costs (permits, trucks, storage on a lot or if landowner agrees storage fees to leave the home there, etc) they can and usually do accept the first offer and the balance will be charged to you. They can get a judgement and proceed with leins and garnishments from there.

as for the collection it is not 3rd party. The account rep works for the leinholder. This is a first party collection. I have helped numerous people during my years there. but the difference they are honest and like robert said they call first and get the information i need without me having to ask over and over. now a bank is totally diffferent than a mortgage company. a bank reports profits and loss monthly and will do an in-house write off if they feel your delinquency is not worth their profits. most acquired loans have already been charged off by the bank in house not on credit because your loan is not reporting in good standing. they are sold for cents on the dollar.

The mortgage company reports quarterly and is in the business strictly for the profit. They will hold you word for word to the contract. I am sorry if you do not call in before the rep is having to track you down. and this is a general statement to anyone late not just you. when you do not have time per your contract the best thing you can do is be honest. but if i see a rep has tried over and over to get ahold of you and left messages and called all available numbers and you simply ignore them until it is too late and i have already approved for the rep to proceed then i am sorry if at that point we cannot allow you to dictate when you are making the payment that is now in default. why should i continue to have the rep keep trying when you did not take the responsible approach? most of the responses i see on here is simply a customer that does not like that when they call in and say i will be making my payment at the end of the month when they are already 2 or more months past due and the rep tells them that is not acceptable that action is being taken. they want to say harassed. that is not true and there is nothing to support it. believe me if i have initiated action and you are due for two payments going on 3 and have had no contact then you decide you want to call in and make a payment at that point i am not accepting a partial payment on your balance and not setting arrangements with you. i am going to uphold the contract. the financer upheld their end they paid the sales center for the home on your behalf and you signed stating you agree with the terms. if you are in default then regardless of the circumstances you are not upholding your end. that simple. this is nothing personal it is business.

as for my hard times i have had them but i prioritize. i have had unexpected things come up and i will give up frivelous items such as unsecured debt or cable or cell phones to pay my bills. a hospital bill is unsecured. you send them 10 a month they cannot do anything by law (exception to the rule, because i know a lot of people always try to find a way out of things, is a private hosital) a credit card if you pay the minimum or if you rack up the credit card bills a payment of what you can while you cut them up because you do not need them if you are struggling will hold them off because again unsecured. Do you know what bolonga is? not expensive and goes a long way. you do not have to have steaks and fast food every day. water a neat idea not as sugary as sodas but you will survive. cigarettes are not a requirement for life nor beer and will save a load of money when it comes to your home. Charities. local churches salvation army and private organizations will help with food and electric easier than a mortgage so that frees up some funds. they do not like to help with a mortgage because that is an investment for you. rent they will help more with because you have to have somewhere to live. if things get real bad a yard sale or pawn will do because luxeries in life are nice but not worth your home if they will help.

we do approve extentions in some cases but if i cannot show you can afford the regular monthly payment then i will not offer it because if you owe for 2 and you pay one and i extend one then what happens the next month when you cant afford it again? i will not offer again. so if we cannot verify you can afford the payments at all then i am not prolonging the inevitable that the home will be a repo. that is business. you have to provide proof of income just like when you bought the home. if you provide that and everything shows you can afford the regular payment and we have not helped you before then we will most likely extend. but when you avoid calls, pick up then hang up, have your kids lie for you and say your not there when we can hear you tell the child to say that (and we do document that) or say that you will make the payment when you can or feel like it and now you call in because we are proceeding no i most likely will not help until you pull the loan out of default yourself. any more questions i have no problem explaining to you and any one else who needs help. so i do hope this helps educate you some on the business standpoint.

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#15 UPDATE Employee

Charlotte...

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

POSTED: Wednesday, June 27, 2007

as for the default clause read the truth in lending disclosure page. there is also a section right there called default. It reads that if the payment is not received on time that you are in default of the contract. It goes on to state you will receive a notice of default. This is a legal letter stating that action for repossession has begun and will state the expiration date. That means that on that date if the notice is not cured in full and that means in the office and posted then the account company's intentions from that point are to send you a notice of acceleration. This letter states that you have 10 days to pay the loan off in full. they do not have to accept any less than the payoff. now keep in mind that if you send in a partial payment on the default notice most states will allow the lender to keep the funds because you do owe a balance and still go forward with reposession. if you receive an acceleration there is a stop payment on the account and if you try to float a payment in then the manager (myself) at that point will either accept the funds and still go forward or will send it back to you.

If the notice of acceleration expires with no payment and you still occupy their home they will pay a sheriff to come out with a writ and remove you from the home and lock the doors. your belongings will go a storage which you will have to pay the storage fees to get back. all of this is added to the deficit balance. That is part of your contract as well. When the home is repo'd they will add on the costs (permits, trucks, storage on a lot or if landowner agrees storage fees to leave the home there, etc) they can and usually do accept the first offer and the balance will be charged to you. They can get a judgement and proceed with leins and garnishments from there.

as for the collection it is not 3rd party. The account rep works for the leinholder. This is a first party collection. I have helped numerous people during my years there. but the difference they are honest and like robert said they call first and get the information i need without me having to ask over and over. now a bank is totally diffferent than a mortgage company. a bank reports profits and loss monthly and will do an in-house write off if they feel your delinquency is not worth their profits. most acquired loans have already been charged off by the bank in house not on credit because your loan is not reporting in good standing. they are sold for cents on the dollar.

The mortgage company reports quarterly and is in the business strictly for the profit. They will hold you word for word to the contract. I am sorry if you do not call in before the rep is having to track you down. and this is a general statement to anyone late not just you. when you do not have time per your contract the best thing you can do is be honest. but if i see a rep has tried over and over to get ahold of you and left messages and called all available numbers and you simply ignore them until it is too late and i have already approved for the rep to proceed then i am sorry if at that point we cannot allow you to dictate when you are making the payment that is now in default. why should i continue to have the rep keep trying when you did not take the responsible approach? most of the responses i see on here is simply a customer that does not like that when they call in and say i will be making my payment at the end of the month when they are already 2 or more months past due and the rep tells them that is not acceptable that action is being taken. they want to say harassed. that is not true and there is nothing to support it. believe me if i have initiated action and you are due for two payments going on 3 and have had no contact then you decide you want to call in and make a payment at that point i am not accepting a partial payment on your balance and not setting arrangements with you. i am going to uphold the contract. the financer upheld their end they paid the sales center for the home on your behalf and you signed stating you agree with the terms. if you are in default then regardless of the circumstances you are not upholding your end. that simple. this is nothing personal it is business.

as for my hard times i have had them but i prioritize. i have had unexpected things come up and i will give up frivelous items such as unsecured debt or cable or cell phones to pay my bills. a hospital bill is unsecured. you send them 10 a month they cannot do anything by law (exception to the rule, because i know a lot of people always try to find a way out of things, is a private hosital) a credit card if you pay the minimum or if you rack up the credit card bills a payment of what you can while you cut them up because you do not need them if you are struggling will hold them off because again unsecured. Do you know what bolonga is? not expensive and goes a long way. you do not have to have steaks and fast food every day. water a neat idea not as sugary as sodas but you will survive. cigarettes are not a requirement for life nor beer and will save a load of money when it comes to your home. Charities. local churches salvation army and private organizations will help with food and electric easier than a mortgage so that frees up some funds. they do not like to help with a mortgage because that is an investment for you. rent they will help more with because you have to have somewhere to live. if things get real bad a yard sale or pawn will do because luxeries in life are nice but not worth your home if they will help.

we do approve extentions in some cases but if i cannot show you can afford the regular monthly payment then i will not offer it because if you owe for 2 and you pay one and i extend one then what happens the next month when you cant afford it again? i will not offer again. so if we cannot verify you can afford the payments at all then i am not prolonging the inevitable that the home will be a repo. that is business. you have to provide proof of income just like when you bought the home. if you provide that and everything shows you can afford the regular payment and we have not helped you before then we will most likely extend. but when you avoid calls, pick up then hang up, have your kids lie for you and say your not there when we can hear you tell the child to say that (and we do document that) or say that you will make the payment when you can or feel like it and now you call in because we are proceeding no i most likely will not help until you pull the loan out of default yourself. any more questions i have no problem explaining to you and any one else who needs help. so i do hope this helps educate you some on the business standpoint.

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#14 Author of original report

Phone Recording

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

POSTED: Friday, June 22, 2007

Okay all I just got off the phone with my local phone carrier, as long as you tell the person on the other end that the phone call will be recorded then you are not breaking a law. By telling the individual that the call is being recoreded this gives the individual the chance to either say No I dont want to be recorded, you then have the right to not take the call. You may not record unless the other party says okay I have no problem with that and then resume the call, but if they have a problem with the call being recorded then it cant be done, but you as an individual can merely say than I wont discuss nothing with you and end the call.

I know that most places and Vanderbilt is one will say when you call in that the converstion may be recorded for one reason or another, see they told it may be recorded so if you talk to them you may be recorded and they broke no law, you must do the same. Yes to your reply I did have a financial setback, but not anymore and I would not tell someone to do something intentionally get them into trouble, I am not stupid.

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#13 Consumer Suggestion

Call recording - check your state laws or esle...

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

POSTED: Friday, June 22, 2007

Charlotte - try to listen up when folks are trying to help you.

Check the law in your state for recording phone calls. If your state requires consent from ALL parties to the call and you tape it, 2 things are going to happen.

First - your recording of the call will be inadmissable - the courts won't listen to it and the police can't use it as evidence that a crime was committed. You wrote "You are allowed to tape as proof a crime being done to you." This IS NOT TRUE IN MANY STATES - so check the law in your state. Wiretapping is wiretapping.

You can record all you want to no avail - you won't be able to prove anything in a court of law if it's inadmissable.

Second - YOU WILL BE PROSECUTED FOR ILLEGAL WIRETAPPING. Other folks in some states have recorded calls thinking they "had the right" only to find themselves prosecuted and FINED. It seems to me that if you're already having a spot of financial difficulties, it would be prudent of you to check the law in your state before you place yourself in further difficulties because you get fined.

Don't be so fast to argue the point - check it out yourself - use google or some other search engine to find what the law is about this in your state.

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#12 Author of original report

Vanderbilt Mortgage Collections - review your rights to the Fair Dept Collections Act and also look up Consumer Justice

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

POSTED: Friday, June 22, 2007

People please get online and review your rights to the Fair Dept Collections Act and also look up Consumer Justice I found them quite interesting. Here are somethings I found out;
THE FAIR DEBT COLLECTION PRACTICES ACT

As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)

------------------

SEC. 806 To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end thereof the following new title:

TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]

806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

The Consumer Justice Center:

Your Rights to Sue
Your Right to Sue a Collector for Violations of the FDCPA. You have the right to sue a debt collector within one year from the date you believe the law was violated. This is what our law firm does. If you do not bring you lawsuit within one year of the violation, your claim will be forever barred by a statute of limitations. If you win your lawsuit, you may recover money for the damage you suffered, statutory damages of up to $1,000 plus court costs and your attorney's fees.

If you have been subjected to any of these illegal practices, please contact our office.
How a Debt Collector Can Communicate With You
Communications Generally A debt collector may communicate with you by mail, in person, by telephone or telegram. A debt collector cannot contact you at times or in places that they know are inconvenient to you, such as at work if your employer does not permit it or during daytime sleep hours if you work nights. A debt collector cannot contact you before 8 a.m. or after 9 p.m.

Stopping Communications If you send a written request to a debt collector demanding that they stop contacting you, the debt collector must stop contact immediately, but they may send one last communication to you advising you that they intend to take a specific action against you including filing a lawsuit.

Attorney Representation If you are represented by an attorney concerning a consumer debt (e.g., a consumer rights attorney such as our office, a bankruptcy attorney, or a family attorney), the debt collector cannot communicate directly with you except through your lawyer.

Contacting Others A debt collector cannot contact any third party about your debt. This means that they cannot call you sister-in-law, your grandson, or your neighbor about the debt. Debt collectors are not allowed to tell anyone but you and your attorney that you owe anyone else money.

Locating You A debt collector has a right to contact other people once, and only once, in an effort to locate you. Debt collectors are not permitted to ask neighbors to bring you phone messages, ask you to come across the street for a phone call, or tell other people that they are attempting to collect a debt from you.
Threats Prohibited A debt collector may not use threats when trying to collect a debt. This includes threats like the following: You will be arrested if you do not pay your debt.
They will seize, garnish, attach, or sell your property or wages, unless the collection agency or the creditor intends to do so and they have the right to do Take any actions against you which are illegal. Violate any law in an effort to collect a debt.

Make those reports people!!!!

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What's this?

#11 Author of original report

Vanderbilt Mortgage Collections - review your rights to the Fair Dept Collections Act and also look up Consumer Justice

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

POSTED: Friday, June 22, 2007

People please get online and review your rights to the Fair Dept Collections Act and also look up Consumer Justice I found them quite interesting. Here are somethings I found out;
THE FAIR DEBT COLLECTION PRACTICES ACT

As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)

------------------

SEC. 806 To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end thereof the following new title:

TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]

806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

The Consumer Justice Center:

Your Rights to Sue
Your Right to Sue a Collector for Violations of the FDCPA. You have the right to sue a debt collector within one year from the date you believe the law was violated. This is what our law firm does. If you do not bring you lawsuit within one year of the violation, your claim will be forever barred by a statute of limitations. If you win your lawsuit, you may recover money for the damage you suffered, statutory damages of up to $1,000 plus court costs and your attorney's fees.

If you have been subjected to any of these illegal practices, please contact our office.
How a Debt Collector Can Communicate With You
Communications Generally A debt collector may communicate with you by mail, in person, by telephone or telegram. A debt collector cannot contact you at times or in places that they know are inconvenient to you, such as at work if your employer does not permit it or during daytime sleep hours if you work nights. A debt collector cannot contact you before 8 a.m. or after 9 p.m.

Stopping Communications If you send a written request to a debt collector demanding that they stop contacting you, the debt collector must stop contact immediately, but they may send one last communication to you advising you that they intend to take a specific action against you including filing a lawsuit.

Attorney Representation If you are represented by an attorney concerning a consumer debt (e.g., a consumer rights attorney such as our office, a bankruptcy attorney, or a family attorney), the debt collector cannot communicate directly with you except through your lawyer.

Contacting Others A debt collector cannot contact any third party about your debt. This means that they cannot call you sister-in-law, your grandson, or your neighbor about the debt. Debt collectors are not allowed to tell anyone but you and your attorney that you owe anyone else money.

Locating You A debt collector has a right to contact other people once, and only once, in an effort to locate you. Debt collectors are not permitted to ask neighbors to bring you phone messages, ask you to come across the street for a phone call, or tell other people that they are attempting to collect a debt from you.
Threats Prohibited A debt collector may not use threats when trying to collect a debt. This includes threats like the following: You will be arrested if you do not pay your debt.
They will seize, garnish, attach, or sell your property or wages, unless the collection agency or the creditor intends to do so and they have the right to do Take any actions against you which are illegal. Violate any law in an effort to collect a debt.

Make those reports people!!!!

Respond to this report!
What's this?

#10 Author of original report

Vanderbilt Mortgage Collections - review your rights to the Fair Dept Collections Act and also look up Consumer Justice

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

POSTED: Friday, June 22, 2007

People please get online and review your rights to the Fair Dept Collections Act and also look up Consumer Justice I found them quite interesting. Here are somethings I found out;
THE FAIR DEBT COLLECTION PRACTICES ACT

As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)

------------------

SEC. 806 To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end thereof the following new title:

TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]

806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

The Consumer Justice Center:

Your Rights to Sue
Your Right to Sue a Collector for Violations of the FDCPA. You have the right to sue a debt collector within one year from the date you believe the law was violated. This is what our law firm does. If you do not bring you lawsuit within one year of the violation, your claim will be forever barred by a statute of limitations. If you win your lawsuit, you may recover money for the damage you suffered, statutory damages of up to $1,000 plus court costs and your attorney's fees.

If you have been subjected to any of these illegal practices, please contact our office.
How a Debt Collector Can Communicate With You
Communications Generally A debt collector may communicate with you by mail, in person, by telephone or telegram. A debt collector cannot contact you at times or in places that they know are inconvenient to you, such as at work if your employer does not permit it or during daytime sleep hours if you work nights. A debt collector cannot contact you before 8 a.m. or after 9 p.m.

Stopping Communications If you send a written request to a debt collector demanding that they stop contacting you, the debt collector must stop contact immediately, but they may send one last communication to you advising you that they intend to take a specific action against you including filing a lawsuit.

Attorney Representation If you are represented by an attorney concerning a consumer debt (e.g., a consumer rights attorney such as our office, a bankruptcy attorney, or a family attorney), the debt collector cannot communicate directly with you except through your lawyer.

Contacting Others A debt collector cannot contact any third party about your debt. This means that they cannot call you sister-in-law, your grandson, or your neighbor about the debt. Debt collectors are not allowed to tell anyone but you and your attorney that you owe anyone else money.

Locating You A debt collector has a right to contact other people once, and only once, in an effort to locate you. Debt collectors are not permitted to ask neighbors to bring you phone messages, ask you to come across the street for a phone call, or tell other people that they are attempting to collect a debt from you.
Threats Prohibited A debt collector may not use threats when trying to collect a debt. This includes threats like the following: You will be arrested if you do not pay your debt.
They will seize, garnish, attach, or sell your property or wages, unless the collection agency or the creditor intends to do so and they have the right to do Take any actions against you which are illegal. Violate any law in an effort to collect a debt.

Make those reports people!!!!

Respond to this report!
What's this?

#9 Author of original report

Vanderbilt Mortgage Collections - review your rights to the Fair Dept Collections Act and also look up Consumer Justice

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

POSTED: Friday, June 22, 2007

People please get online and review your rights to the Fair Dept Collections Act and also look up Consumer Justice I found them quite interesting. Here are somethings I found out;
THE FAIR DEBT COLLECTION PRACTICES ACT

As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)

------------------

SEC. 806 To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end thereof the following new title:

TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]

806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

The Consumer Justice Center:

Your Rights to Sue
Your Right to Sue a Collector for Violations of the FDCPA. You have the right to sue a debt collector within one year from the date you believe the law was violated. This is what our law firm does. If you do not bring you lawsuit within one year of the violation, your claim will be forever barred by a statute of limitations. If you win your lawsuit, you may recover money for the damage you suffered, statutory damages of up to $1,000 plus court costs and your attorney's fees.

If you have been subjected to any of these illegal practices, please contact our office.
How a Debt Collector Can Communicate With You
Communications Generally A debt collector may communicate with you by mail, in person, by telephone or telegram. A debt collector cannot contact you at times or in places that they know are inconvenient to you, such as at work if your employer does not permit it or during daytime sleep hours if you work nights. A debt collector cannot contact you before 8 a.m. or after 9 p.m.

Stopping Communications If you send a written request to a debt collector demanding that they stop contacting you, the debt collector must stop contact immediately, but they may send one last communication to you advising you that they intend to take a specific action against you including filing a lawsuit.

Attorney Representation If you are represented by an attorney concerning a consumer debt (e.g., a consumer rights attorney such as our office, a bankruptcy attorney, or a family attorney), the debt collector cannot communicate directly with you except through your lawyer.

Contacting Others A debt collector cannot contact any third party about your debt. This means that they cannot call you sister-in-law, your grandson, or your neighbor about the debt. Debt collectors are not allowed to tell anyone but you and your attorney that you owe anyone else money.

Locating You A debt collector has a right to contact other people once, and only once, in an effort to locate you. Debt collectors are not permitted to ask neighbors to bring you phone messages, ask you to come across the street for a phone call, or tell other people that they are attempting to collect a debt from you.
Threats Prohibited A debt collector may not use threats when trying to collect a debt. This includes threats like the following: You will be arrested if you do not pay your debt.
They will seize, garnish, attach, or sell your property or wages, unless the collection agency or the creditor intends to do so and they have the right to do Take any actions against you which are illegal. Violate any law in an effort to collect a debt.

Make those reports people!!!!

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#8 Author of original report

Vanderbilt Mortgage

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

POSTED: Thursday, June 21, 2007

You are allowed to tape as proof a crime being done to you, sometimes that is your only proof. When someone threatends you in anyway you should tape it for evidence if at all possible. As for any clauses in my contract nothing says that if I am late on one payment that my home will be taken away from me, nothing in my contract sayd that I will be treated like a bum either but I have been.

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#7 Consumer Suggestion

Better check your state before you tape a phone call

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

POSTED: Thursday, June 21, 2007

You better check your state law about taping a phone call - it's left to the State, not the Federal Government.

Some states require both/all parties of the call to consent - otherwise you're performing an illegal wiretap.

In New York State, only 1 party needs to concent, so if I'm making the call and recording it, that's ok.

Further, business is business - not compasion. Lenders want the money, not heart break reasons for not paying. It sound harsh but that's the way it is.

I learned a long time ago that if you call the lender BEFORE you are late and explain the problem they will work with you. Back in the late 70's I couldn't make my car payment because of legal bills from my divorce. I called GMAC and asked them where I should drop off the car. They told me they would defer payments for a year if a paid about $42 (additional interest on the loan.) That was a "life saver" for me because I needed my Opel in order to work.

Once a lender contracts a collector, you're already behind the 8 ball so to speak. You should always contact the lender BEFORE you become late - this shows them that you're a responsible individual who's trying to do something and as a result they will be more willing to try to work something out with you.

Oh, I'm sure there is some sort of default clause in your contract - it may not say "pinch" but I'm sure that there is a clause that states that when your payments are such-and-such late/overdue the FULL AMOUNT OF THE BALANCE IS IMMEDIATELY DUE at the discretion of the lender. I have NEVER seen a loan contract that doesn't include this.

Next time you think you're gonna have trouble paying your debts, contact the lenders BEFORE you go late - they will attempt to work with you. No business actually wants the property - they want the money.

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#6 Author of original report

To Gayle ...you just dont get the big picture

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

POSTED: Wednesday, June 20, 2007

First off Gayle, I chose a mobile home by choice not credit...I could have been financed for a home also but I chose mobile home. I think you are not hearing that people dont want to end up in bad situation, but sometimes bad things happend. I dont think you have heard one of us say that we just want a free ride and pay nothing, no we are saying how bad we have been treated when we called in explaining that something bad had occured and we are having a bit of trouble. We dont expect a free hand out but we do expect some respect,

I am sick of reading your replies about contracts. I have mine right infront of me and there is no place on it that says that if you run into a pinch we will default your loan. I wonder if you even know what it is like to feel miserable when you are unable to pay a bill, I wonder if you even know what it is like to have something expensive just pop up and you have to decide to pay a bill or buy medicine for a household member that is ill. I am just wondering if you or any of the other employees that have responded are even human or have a compasionate bone in your body!! I dont think none of us predicted that sickness or layoffs, or job losses would even happen to us.

We are normal Americans trying to survive and keep what we have worked hard for, this is not a game to us we have no bonus coming our way or pizza party. We want to pay our debt to Vanderbilt, we just need your assistance from time to time. I know when I have had to call in and explain why I am late that I feel like a piece of crap, like I let my family down...See I already feel that way and I certanly dont need anyone at your end telling me. I think you all need to learn about compasion to your fellow Americans and just stop being so darn nasty.

I think I speak for the majority out there..WE WANT AND NEED TO PAY OUR WAY...WE ARE NOT ASKING FOR YOU TO JUST GIVE US OUR HOMES ...WE ARE ASKING FOR SOME HELP!!! I am now back to work and getting back on my feet I have no plans to be late on another payment but if for whatever reason (and I hope none occures) I will never allow anyone to insult me or talk to me on the phone the way I was before..... Okay people listen up, record all calls, all you have to do is say that your periodically record calls on your phone. If you dont inform the person on the other end, it can not be used in the courts Unless they lie on stand while under oath. Just remember Gayle, we all have bad times in this lifetime and God will help us and I bet he will even watch over you, I have prayed for you and the other reps at Vanderbilt to have softer and KINDER hearts!!!

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#5 Author of original report

To Gayle ...you just dont get the big picture

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

POSTED: Wednesday, June 20, 2007

First off Gayle, I chose a mobile home by choice not credit...I could have been financed for a home also but I chose mobile home. I think you are not hearing that people dont want to end up in bad situation, but sometimes bad things happend. I dont think you have heard one of us say that we just want a free ride and pay nothing, no we are saying how bad we have been treated when we called in explaining that something bad had occured and we are having a bit of trouble. We dont expect a free hand out but we do expect some respect,

I am sick of reading your replies about contracts. I have mine right infront of me and there is no place on it that says that if you run into a pinch we will default your loan. I wonder if you even know what it is like to feel miserable when you are unable to pay a bill, I wonder if you even know what it is like to have something expensive just pop up and you have to decide to pay a bill or buy medicine for a household member that is ill. I am just wondering if you or any of the other employees that have responded are even human or have a compasionate bone in your body!! I dont think none of us predicted that sickness or layoffs, or job losses would even happen to us.

We are normal Americans trying to survive and keep what we have worked hard for, this is not a game to us we have no bonus coming our way or pizza party. We want to pay our debt to Vanderbilt, we just need your assistance from time to time. I know when I have had to call in and explain why I am late that I feel like a piece of crap, like I let my family down...See I already feel that way and I certanly dont need anyone at your end telling me. I think you all need to learn about compasion to your fellow Americans and just stop being so darn nasty.

I think I speak for the majority out there..WE WANT AND NEED TO PAY OUR WAY...WE ARE NOT ASKING FOR YOU TO JUST GIVE US OUR HOMES ...WE ARE ASKING FOR SOME HELP!!! I am now back to work and getting back on my feet I have no plans to be late on another payment but if for whatever reason (and I hope none occures) I will never allow anyone to insult me or talk to me on the phone the way I was before..... Okay people listen up, record all calls, all you have to do is say that your periodically record calls on your phone. If you dont inform the person on the other end, it can not be used in the courts Unless they lie on stand while under oath. Just remember Gayle, we all have bad times in this lifetime and God will help us and I bet he will even watch over you, I have prayed for you and the other reps at Vanderbilt to have softer and KINDER hearts!!!

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#4 Author of original report

To Gayle ...you just dont get the big picture

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

POSTED: Wednesday, June 20, 2007

First off Gayle, I chose a mobile home by choice not credit...I could have been financed for a home also but I chose mobile home. I think you are not hearing that people dont want to end up in bad situation, but sometimes bad things happend. I dont think you have heard one of us say that we just want a free ride and pay nothing, no we are saying how bad we have been treated when we called in explaining that something bad had occured and we are having a bit of trouble. We dont expect a free hand out but we do expect some respect,

I am sick of reading your replies about contracts. I have mine right infront of me and there is no place on it that says that if you run into a pinch we will default your loan. I wonder if you even know what it is like to feel miserable when you are unable to pay a bill, I wonder if you even know what it is like to have something expensive just pop up and you have to decide to pay a bill or buy medicine for a household member that is ill. I am just wondering if you or any of the other employees that have responded are even human or have a compasionate bone in your body!! I dont think none of us predicted that sickness or layoffs, or job losses would even happen to us.

We are normal Americans trying to survive and keep what we have worked hard for, this is not a game to us we have no bonus coming our way or pizza party. We want to pay our debt to Vanderbilt, we just need your assistance from time to time. I know when I have had to call in and explain why I am late that I feel like a piece of crap, like I let my family down...See I already feel that way and I certanly dont need anyone at your end telling me. I think you all need to learn about compasion to your fellow Americans and just stop being so darn nasty.

I think I speak for the majority out there..WE WANT AND NEED TO PAY OUR WAY...WE ARE NOT ASKING FOR YOU TO JUST GIVE US OUR HOMES ...WE ARE ASKING FOR SOME HELP!!! I am now back to work and getting back on my feet I have no plans to be late on another payment but if for whatever reason (and I hope none occures) I will never allow anyone to insult me or talk to me on the phone the way I was before..... Okay people listen up, record all calls, all you have to do is say that your periodically record calls on your phone. If you dont inform the person on the other end, it can not be used in the courts Unless they lie on stand while under oath. Just remember Gayle, we all have bad times in this lifetime and God will help us and I bet he will even watch over you, I have prayed for you and the other reps at Vanderbilt to have softer and KINDER hearts!!!

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#3 Consumer Suggestion

Have your lawyer review the contract

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

POSTED: Wednesday, June 20, 2007

I would add to the comments above that you should have your lawyer review the contract and answer your questions. It's a good idea to have the sales person attempt to answer your questions but ask yourself this: "Who does the sales person work for?" It's not you!

Home buying can be a tricky affair with all the crooks out there. Use your own lawyer - someone who is working for you, and will look out for your best interests and give you accurate answers.

Finally, don't be afraid to walk away from a bad deal. No matter if the home is your dream - a bad deal is a bad deal - you have to be able to say "no thanks" and walk away.

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#2 UPDATE Employee

Read the contract BEFORE you sign.. also welcome to homeownership

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

POSTED: Tuesday, June 19, 2007

I tell people this again and again.. read the contract fully, and if you do not understand make the sales person explain and if they can't then have a rep from the lender call and explain before you sign. look i know the allure of owning your own home is great and over 70% of mobile home owners have a mobile home because they do not qualify for anything else but READ! Take your contract now and read the default clause. The default clause is after the truth in lending. It states that if your payment is not made by the due date then you are at that time in default of your contract.

These homes are titled at the dmv and have rights for reposession the same. These are not real property. There is not a foreclosure it is a reposession. There is nothing in your contract that states that you have 3 months before default. That is a myth. That is why i refer to the contract. you have got to know what you sign because once you sign that is it. you stated with your signature that you agree to all the terms of the contract. it even states do not sign if you do not understand right above where you sign.

so yes if your payment is late then they can take action. They were also asking you about your income and adults in the home and your bills because they have to have a picture of the income vs debt to see what you can even afford to work out to save your home from further action. it is a computer system called a debt ratio. same info as when you so eagerly applied for the loan. it is kind of hard to set up arragements or a payment plan if you cant even afford it. It also lets them know if you do qualify for assistance from the company. They do not just offer deferments because if you cant afford the monthly payment then that would just extending out the enevitable and there is no point to that. also again this is a mobile home.

The sales center and the lender may be affiliated with one another but are not the same entity. The sales center even if named clayton buy the home from clayton. The financed end is entirely different and is not responsible for any dissatisfactions you had at the time of set up. you should have taken that up with your sales center. They are the only ones who can fix that. Homes depriciate if they are mobiles so you have to upkeep them regularly. That means things will degrade and you will have to replace. part of home ownership. they financed the a/c unit not warranty it. Your warrenty would be with the maker or installer. That service is contracted out not done by clayton. This is part of homeownership.

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#1 Consumer Comment

VANDERBILT MORTGAGE.....THESE PEOPLE ARE EVIL AND MUST BE DESTROYED!!!

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

POSTED: Monday, June 18, 2007

i bought a home through vanderbilt mortgage amd have been with them for 5 years...it has been five years of pure and unholy HELL. first off, i had a set of twins on July 30 2002 amd stayed in the hospital with them till August 5, 2002 they sent someone to my house to collect a payment and i was 6 days late. the man asked my dad what hospital i was in because he was going to go and get money off me. my dad had to get into his pocket and pay him to leave!!!

things have went up and down since then. last year, my husband got hurt in the mines and broke his back and when i tried to explain to them that i would send them a payment when we got a worker's check, they said o.k. when i went to pay it,,,they refused it. i had to hire an attorney to ask them to accept it
one of my babies was not born healthy and has had a lot of med problems. he was a heart condition and on Jan 2007, he was diagnosed with a blood disease...

i have not been home and have been staying somewhere else that is close to the hospital (in case he gets sick) these people hae the nerve to call my neighbors that really don't know me and tell them information about my account and threat and act crazy.

so i called them last week to make an arrangement because my husband has been off of work and we have been taking care of our child. this hateful woman named rebecca had the nerve to tell me "i don't care if your child dies, your house payment should come first" i was like, "you don't go there . and she had the nerve to tell me that i had 4 days to come up with 1500.00 or they would call the sheriff to come and vacate my home.

i didn't know what to do. so i went to an attorney, asking her if she can get them to give me a week to come up with the money i had to pay 1000.00, she told me that they violated my privacy rights when they discussed my account with other people.

i asked her how they can operate in this business and she told me that noone has had thr guts to go up against them. that not enough people has filed complaints with the BBB i am asking everyone out there that has suffered at the hands of these people to PLEASE file a complaint
Let's get these people stopped and go on with our lives

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