Greentree contacting me after discharge

[hamburgervol]

Not to hijack this thread but I'm a bit confused-HELOC was discharged and you are staying so you pay for a ride through-I get that. What I'm not sure of is how can you stay and not pay per Pandora's post?-That doesn't seem to pass a common sense test. Not trying to be difficult just trying to understand.

If you do not pay from what I gather, (someone correct me if I'm wrong), you run the risk of the secondary lien holder foreclosing. Now I know that is probably very unlikely, especially if the home is underwater. The 2nd would have to pay off the first before they would receive any money. It's a gamble I'm sure.

I am also under the impression that 2nds can ad late fees and penalties also.

What would happen if I stopped paying for say 12 months and saved that money for a settlement?

It's also my understanding that Green Tree is ruthless and only plays by their rules. Laws and ethics mean nothing to them. You can google case after court case where Green Tree was sued and usually lost. They simply do not care. They allow that risk as company policy, hoping the debtor is simply uninformed and unwilling to fight.

[daylate]

Not to hijack this thread but I'm a bit confused-HELOC was discharged and you are staying so you pay for a ride through-I get that. What I'm not sure of is how can you stay and not pay per Pandora's post?-That doesn't seem to pass a common sense test. Not trying to be difficult just trying to understand.

[hamburgervol]

[QUOTE=Pandora;480132]Dont know what your HELOC amount is in relation to your 1st mortgage, however -if you're planning on settling the debt - then why are you paying every month towards it? Save that payment every month so you can use it to settle later on and have the cash on-hand to do so.

Recording and documenting the calls is fine, but its not really going to prove anything other than a violation of stay down the line if they continue to contact you after you've provided them with your discharge papers.[/QUOTE]

Is it my responsibility to provide them with the discharge papers even after I have told them the debt is discharged?

[Pandora]

Dont know what your HELOC amount is in relation to your 1st mortgage, however -if you're planning on settling the debt - then why are you paying every month towards it? Save that payment every month so you can use it to settle later on and have the cash on-hand to do so.

Recording and documenting the calls is fine, but its not really going to prove anything other than a violation of stay down the line if they continue to contact you after you've provided them with your discharge papers.

[hamburgervol]

I did not reaffirm my HELOC with Greentree. I have continued to pay and for the first time I was 9 days late on my payment. 9 days after the due date. I asked her if there was a grace period. The Greentree rep said zero grace period.

I have been receiving a multitude of calls from a toll free number. Usually I do no answer these but today I did. It was Greentree informing me that my payment was past due. I immediately informed the rep that the debt had discharged in Bk and that she and her company was in clear violation of the discharge order. Even after that, she asked me if I intended to keep the property which I said yes. She went on further after I explained the discharge to her to ask for my place of employment's name, my work phone number, and to asked for my cell phone number. I told her that was none of her business. She then read off my work phone number which I replied that it was not okay to contact me at work. She did say she would note that in the account.

Her response was that they had not received the discharge notice and that I should send them" the paper work". She did acknowledge receiving the initial BK notice and a reaffirmation agreement that was not signed .

I know that Greentree can be ruthless (past judgment against Greentree) and have been slammed by the BK courts before.

I have paid the payment via Billpay. It usually takes a few days. My plan is to settle this debt at some point when I have enough cash to due so. I have a feeling that they will continue to harass me when my payments are late. If i document and record these calls, can I use that to settle the debt?

What should I have done differently or should I do?