Greentree contacting me after discharge

[IBroke]

Her response was that they had not received the discharge notice and that I should send them" the paper work".

You aren't even required to provide them with that paperwork. the FILING of your BK itself with your HELOC being included in your schedule is already sufficient to stop ANY attempt to collect from you. Pre-discharge, the automatic stay applies and post-discharge, the permanent injunction takes care of that.

[Chowder]

BoA has been selling off distressed seconds to Green Tree for quite a while now.
Green Tree is world class bottom feeder. Don't expect them to adhere to any rules.

[shark66]

OK they are dumb as dirt...leaving such a voice mail. Collect a couple more of them and then off to your attorney and BK court for some much needed fun..

I wouldn't trust Zillow much when it comes to the home values. Spend a couple of hundred bucks on a good local appraiser and find out where you really stand...you may be surprised.

Good luck.

[hamburgervol]

My 2nd with Greentree was also discharged I got a notice of intent after 90 days late. I am not paying them, I sent them a letter explaining the debt was discharged, and I am current on my first mortgage that has already been modified. I am about $100K underwater ion my loan. These folks at Greentree are fools.

Did they call and harass you too when you were late? Have you or will you try and settle the 2nd? You are right the are fools. It's like they knowingly try and skirt the law. From what I gather, most of their primary loans are mobile homes. They service 2nds.

I received a statement a couple of weeks ago. On the statement it clearly indicated that the debt was included in CH7 and was not an attempt to collect the debt. It did date that they may exercise their right to the lien.

So their statement clearly indicates that Greentree is aware of the discharge but yet the collection person that called said otherwise.

[RW3]

My 2nd with Greentree was also discharged I got a notice of intent after 90 days late. I am not paying them, I sent them a letter explaining the debt was discharged, and I am current on my first mortgage that has already been modified. I am about $100K underwater ion my loan. These folks at Greentree are fools.

[hamburgervol]

Just an update..last night at 7:09 p.m I received a call from a 877 number. I didn't answer but the answering machine did. The automated message left stated "This is Green Tree calling to collect a debt, please call 1-877-xxx-xxxx"

[tcreegan]

Hi hamburgervol,

Seen a half dozen posts saying zillow was significantly higher than a market comparison or on the ground appraiser. Saw one where zillow was lower.

Another bargaining chip in your favor is the price of foreclosed homes is usually way below market value. If you do a little research and find the price on some foreclosed home comparable to yours, you can go to the 2nd w/ "Well, the house currently appraises at X, but foreclose and the prices drop to Y" and "add in the costs of the sale and you get nada/zero/diddly squat

Tom in Colo

[hamburgervol]

Just to clarify my situation:
My 1st is $183,000 with Chase and current
2nd is $48,000

Home value per Zillow is $220,000. Last May it was $199,000, so I'm not sure how accurate zillow is.

Is a settlement on the 2nd likely?

[helpmeout]

I would right a cease and desist letter to Greentree, sending a copy of the discharge, and tell them that further contact on this matter will be dealt with in bk court. Send it certified, return receipt requested.

And the next time you get a call, contact an attorney and file for sanctions.

[hamburgervol]

FWIW, I just remembered that Bank of America is the actual owner of the 2nd. Green Tree just services the loan. I have made a mistake by paying the the 2nd after discharge.

Anyone have any experience settling a Bank of America HELOC, serviced by a 3rd party?

[tobee43]

yeah, tom that does sound like a "sound" thought! a good way to go about it.

[tcreegan]

Hi again hamburgervol,

Personally I would go 6-12 months of no payment to make sure they get the idea that aren't going to get any $$, might make them more receptive to an offer to settle.

Tom in Colo

[hamburgervol]

I received another call but this time they hung up just after I answered. My bank account shows it as paid, so I'll bet they'll stop calling. Next month I'll be better prepared with a digital recorder.

Should I go ahead a contact them now and propose a settlement or wait till I have a years worth of payments saved?

My initial thought was to us my tax refund to settle with.

[tcreegan]

Hi hamburgervol,

Document everything. If they were on the creditors matrix, they got the BK notice. If they continue as you expect them to, you might have enough to go after them for a violation of the discharge injunction. Judges have been very favorable to debtors, document the time you spent on everything as your basis for damages, if you win you also get legal fees. Find a young and hungry attorney to take it on a contingency.

Also, go online and find the Fair Debt Collections Practices Act (FDCPA) and find out what they can/cannot do and what you can do to get them off your back. Heck, document FDCPA violations too, courts have been favorable to debtors here too.

Good luck with it, given GT's repuatation, might be time for someone to pin their ears back again...

Tom in Colo

[tobee43]

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.

hamburg...first off...yes, of course the creditor was notified by the courts...they...green tree are just giving you a hard tme...i would simply give them the docket number located on your petition...end ofstory.

secondly, if they attempted to foreclose, i don't know what you owe on your first, however, it would fully have to be paid off prior to green tree getting a dime....so if your house is worth 150k and your first was 100k and green tree was 50k...(i.e.)......and our house sold for 100k....green tree is SOL....

i'm with pandora..if your planning on settlement...save the money now.