After not hearing from them for months, Greentree is still trying to collect, although they know California law is on my side according to the rep I spoke to on the phone. I may eventually have to have my lawyer send them a Cease and Desist letter, then fight them in court. They claim they can take up to 11 years to send a 1099 form and that this is up to the lender. Tom’s comment makes sense. They may want to keep the debt open so they can use it for the profit scheme he describes. Some feds should investigate them.
I am happy to report that I am truly shocked. Green Tree has accepted the short payoff of $3,000 on my $60,000 HELOC (including the $5,000 or so in fees that they tacked on according to a letter they sent…) Wow.
Meanwhile, a foreclosure sale date has been set as Oct 22. Will the short sale beat the foreclosure and cancel it out? My agent seems confident that it will.
—————————— Update 10/2/2009 ————————————
My research shows that Green Tree is much hated on the net.
Green Tree debt collectors supposedly killed one man while trying to get money from him. Also, one Real Estate Agent in Nevada says that if Green Tree (who she calls “a division of Bank of America” ) owns your loan, then you can forget about the short sale.
Let Green Tree try something. With the case of Mooney vs Green Tree Servicing, LLC as precedent, my lawyer and I will be happy to collect $40,000 in punitive damages from them if they call my friends, co-workers or relatives, address me in a harassing manner, threaten to “go public” and publish my debt in the local paper.
“Green Tree did not retreat or relent even when the illegality of its acts was exposed. “
If Green Tree didn’t learn from paying $40,000, perhaps the next judge will grant me the $500,000 in damages that Mooney requested but the first judge rejected due to Green Tree not showing a pattern of this abuse with multiple people.
My mood is grim. I feel I’m about to do battle. I will be truly shocked if my Short Sale goes through.
I am a scrupulous person who is a victim of a predatory lender who lied to me in order to sell me an adjustable rate mortgage when I requested a 30 year fixed rate.
——————————————————— Original post ———————————————–
I bought a home at the height of the market and got talked into an adjustable rate mortgage which I could not afford once it adjusted. Since my home’s value fell dramatically, I choose to let it go. A short sale is preferable to a foreclosure in my case, but today on the supposed close of escrow, I’m still the owner. Bank of America has pulled a couple of fast ones and I’d like others going through this to be aware of these snags:
- If the Bank makes an offer and the buyer accepts, the Buyer’s bank still has to send an appraiser.
- If the buyer’s bank’s appraisal comes in less than the seller’s banks Buyer’s Price Opinion (BPO), then the seller’s Bank will have to go back to the investors to get approval.
- Even after that approval was written, my short sale negotiator for B of A wrote the contract up for $500 less, shorting the buyer’s bank by $500. Not acceptable, so they have to go back to the Investors again!
- Another snag (game by B of A?) I have a first and second mortgage. The short sale was approved, but in the middle of that, B of A sold the 2nd loan to another company, Green Tree. Green Tree did not have records of owning the 2nd loan due, supposedly, to a delay in the paper work, so they could not approve the short pay off. Now that they finally do acknowledge holding the loan, they are requesting the entire Short Sale package again. They supposedly had to accept all conditions in place when they accepted the loan, but this is not what they are doing.
Today, I should no longer own my sinking ship of a home. But I still do.
My suspicion is that the bank makes more in fees from a foreclosure so they are doing everything they can to make the short sale fail. Another part of this game is that I’m still responsible for the HOA dues of around $250/month.