_Darla Goulla Complaints regarding Green tree 6-1-13
Re Lender Green Tree Loan Number 88212328 HAMP# 31613637-1
I learned February I have a deceptive predatory loan. After a phone conversation with Earnest at Green tree, he told me the modification was not happening. I have many more documents that can be pulled from a shed dated 1999. I do not throw away any received mail from a lender I have a contract with. We admit to making late payments on many occasions. We also have endured many Home repair expenses since we purchased this home. We have endured water damages from defective plumbing, including our gas line and water line from the meter to the home. I want to address this from the beginning of this process. We replaced the roof three times. 2004 we purchased Metal Roof, it has corrected the leaks.
We have had so many water leaks since we moved in, I think my lender is unsure / not convinced many water leaks as I have reported. My stepfather passed 6-13-04 / Grandmother 6-23. Both were in Oklahoma so we had and travel and motel expenses. Waiting on Approval for Disability 2004. We took in my sisters 3 children who were homeless and parentless in 2008. My father-in-law passed away 6-29-09. He had no funds or funeral arrangements. My husband drained his 401-K to pay for his funeral. IF our monthly mortgage was all we had in our home finances we would not have a problem making all of our payments on time. We moved to save money. Its been a financial and emotional burden. I get my check on the third Wednesday of each month. I have requested my due date be moved to 15th since I started receiving my disability in 2004.By the time I make my payment each month I am charged 10.00 to 12.50, for electronic transfer plus a late fee every single month
??
Complaint Documentation enclosed
We were denied Loan Modification by my lender. Texas Home Equity loan which originated May of 1999 with 13.89 interest rate. Green Tree has given to two reasons,
The Obama Administration requested that Green Tree EXPEDITE my modification request because I had been waiting 11 months. I submitted a letter stating they had my consent to expedite my request.
Texas Constitution dis-allows them to approve such. Copies of letter are attached.
Complaint Documentation enclosed
Spring of 2008 We inherited three children who were homeless family members. CPS informed me if I did not make repairs Children would not be allowed to stay with me. Their father worked off 30000.00 child support on this home, there is still one room left 12 by 27 foot which is our bedroom. The same court orders supplied to you were supplied to Green Tree in Modification package mailed 2-12-11.
Complaint Documentation enclosed
January while calling to dispute Modification denial, I made another request to move due date to 15TH. I was upset to learn Jimmy King AKA Dan King was still over my account. I asked Green tree to remove him 2012 after he harrassed my family with his rude and endless phone calls I was 500.00 overdrawn, franticly trying to figure out where the error was. He had left voice mails. I was planned to call him once I figured out this problem. He proceeded to call my husband at work. He is a truck driver and not allowed to talk on his phone while working. He called my daughter who was 14 at the time. She brought me her phone I explained to him I was working on a overdraft issue. Once that was resolved I would contact him to schedule a payment. He informed me he was my new account manager and I would not be getting any deals like I had received from another account handlers who had assisted previously. "People who do not pay their mortgage in December are out Christmas shopping." He also stated I had been late 100 times. Little did he know people who are DEPRESSED HAVE NO DESIRE TO DO ANY KIND OF SHOPPING. I WAS ALREADY DEPRESSED and of course without my medication. This only elevated my depression. After ALL THE REMODELING AND WORRING WHERE OR WHEN WE WERE EVER GOING TO LIVE NORMAL AGAIN?
Complaint Documentation enclosed
We realize we signed disclosures in an agreement with Green Tree. I knew 13.89% was a high rate, when I displayed concerns the preservative with Green Tree assured me I could re-finance after a year of good payment history. We were in a financial crunch. We leased out our new home we built and bought in 1995 and moved into our current home and have not been able to refinance purchase a new mobile home and put it where current home is. The motivating factor with this purchase was:
It was half of our mortgage on home we rented out.
My daughter Brandi was about to receive her license and Insurance rates increased dramatically.
Our daughter Michelle was a year old and daycare and diapers was eating our lunch.
We did what responsible parents do, find a way to survive and provide.
Little did we know we were about to have problems we never dreamed of our ship would soon be sinking tons of money renovating our home. Oh but he already knew all this because every time we did any work I submitted recites and photos, In belief they really wanted to help. I thought they would appreciate the fact we were motivated to do repairs and would motivate them to help in any way they could, AT THE VERY LEAST A INTEREST REATE REDUCTION.
Complaint Documentation enclosed
My husband has asthma and breaths the mold coming in through the floor vents we both wake up EVERYDAY feeling ill. Seams like we just cant get ahead. He suffered cardiac in 6-1993, and stopped breathing 7 minutes at The Georgetown Hospital, Georgetown Texas.
Complaint Documentation enclosed
I became disabled in 2000. Sadly I never saw it coming. After 13 years I struggle daily with the fact I do not still hold employment with the company I worked 18 years at. My living condition have only had that more difficult. I feel beat down like an abused woman in a abusive relationship that does not know how or when she will ever see the light of day. Recently I made up my mind, I started by searching for a listener to my overwearing situation. I am very frustratied with a feeling of hopelessness. I find it difficult to work with my lender Green Tree. They make promisees and never grants them.
Complaint Documentation enclosed
My thoughts and complaint are printed in blue
Texas constitution section 50 (a) (6) Article XV1 Same document LENDER GAVE THIS AS A REASON FOR MY WHY LOAN MODIFICATION was denied.
(b) the principal loan amount amount at the time the loan is made must not exceed an amount than when added to the principal balances of all other liens against your home, is more than 80%of the fair market value of your home.
Really? My appraisal from Williamson county Tax office was 16,738.00 for both 1999 and 2000. Wouldn't they KNOW WHAT THE FAIR MARKET VALUE IS,? I would think the county is going to bill me as much as they can. The Appraisal Green Tree provided when closing claimed 70,000.00? In which I recently located several errors I WILL GO INTO AFTER ADDRESSING TX. CONSTUTION.
Complaint
(Q) Loans described by sections 50 (a) (6). Article XV1 OF THE TEXAS CONSTITUTION MUST:
?? Provide that you and the lender acknowledge the fair market value of your home on the date the loan closes: AND
May 28 was the first time we received anything from Williamson County Appraisal office. We closed 5-3-1999. I had a sick feeling when this came in the mail. We had already closed. Re-financing? That was a JOKE. I still remember going to the Williamson county Tax office for a copy of "the certificate of attachment. I thought for sure with this document I could qualify for re-financing.
(10) Provide that LENDER will FORFIET all principal and interest if the lender fails to COMPLY WITH THE LENDERS OBLIGATIONS.
I am asking that this be considered. As settlement for damages Should you find my complaint valid they re-pay me all principal and interest. That would NOT EVEN TO BEGIN TO compensate my family for their recklessness and slanderous statements they have made towards me. Speaking to me like I am dirt. False hope they WOULD ASSIST me on a modification. I really thought they were going to try to help me. Now I believe nothing they say.
Complaint Documentation enclosed
As we struggled to make our mortgage payment and pay 2-$300.00 to renew our home owners insurance policy sometime in Green Tree advised me they had a solution. They could provide me with insurance and add it into my monthly payment. We agreed. Then July - January we had SEVERAL MAJOR WATERLEAKS. After the Insurance company surveyed all the damages, issued checks for the damage. We signed them. Submitted them to Green Tree for signature. I wrote and called for 4 YEARS. They needed estimates which we provided. We were required to do the work then submit recites and photos. This went on till sometime in 2010. We did all the work, submitted photos and recites, it still took months to get the check for damages. They had applied those checks to pur principal balance and shown in documents attached.
Complaint Documentation enclosed
Defective plumbing parts were used when this home was originally installed. I applied for plumbing to be replaced through a class action settlement. Lowes provided me with a application after seeing me in their store purchasing plumbing frequently. Claim and pictures of the plumbing the claimed was defective, I have provided photos of plumbing d plumbing that was replaced and kept some of it for a day like today. Was not sure I would need it. Something told me I would..
Complaint Documentation enclosed
I want to address this from the beginning of this process. We replaced the roof three times. 2004 we purchased Metal Roof. Materials were 4500.00 Labor 1200.00. It has not leaked. It was worth investment.
Complaint Documentation enclosed
May we were finally approved for a new doublewide! We located someone to DONATE THIS ONE TO, It was in such sad shape we did not attempt to sale it. Oh boy the kids and I were over the top with excitement. Kids had their bedroom picked out and it was all they talked about. Then just two days before we were going to close, a phone call came. It was discovered during the title search that we have a HELOC on our deed. Something that had to be handles with hard money, CASH. The children and I including our daughter was devastated. She was looking forward to finally having friends come to our home for a sleep over. She is very ashamed of our home and condition. We have spent so much time and money on inside, the outside of our place needs tending to but we have been so focused on the inside. You see the mold was making everyone ill.
Complaint DOCUMENTS ENCLOSED TO SUPPORT CLAIM
Certificate of attachment. Turning the Mobile home into Real Estate. This will be something worth having, according to the Loan Preservative Charlie.! The mobile home is on center blocks not EVEN TIED DOWN. Photos of the water damage under our home are enclosed.
Complaint DOCUMENTS ENCLOSED TO SUPPORT CLAIM
Oh and paying off all those high interest credit cards will be beneficial to you financially. I have attached that in her very own handwriting and how it appeared to be the answer to our prayers. Boy was I a sucker!
Complaint DOCUMENTS ENCLOSED TO SUPPORT CLAIM
Actuarial interest rate. Section 32 disclosures regulation z. HELOC, cant re-finance or purchase new mobile home because when title search was done my loan has HELOC. Can only be paid with hard money
Complaint documents enclosed to support claim
i dispute the default and collection bill that arrived one day prior to mailing you this package. Provided proof of home insurance where do they get this? The 94 cents that is owed for will be added to june payment. They are just grasping. Hopefully you will see the way they are retailiating because of my previous complaints, i will continue my research once i get this package out. Searching for the next person with ears willing to listen.
Complaint documents enclosed to support claim
green tree with held insurance funds from us four years. We had to pay and do work ourself submit photos and still had to begg for them to siend funds we already paid for repairs. I have copies of letters, photo and insurance estimate from agent with dates.
Green tree Mortgage
Settlement Damages for 14 years could be costly.
I am willing to accept the deed PAID IN FULL AND NEVER HAVE TO HEAR FROM them EVER AGAIN. I also think its fair that you pay back all principal and interest that I have paid to you like outlined in Texas constitution section 50 (a) (6) Article XV1. You did deny my loan modification using this.in fact I still would not know I had a PREDATORY DECEPTIVE LOAN IF I WAS NOT READING law on LOAN MODIFICATIONS, THIS INFORMATION KEPT BECOMING MORE AND MORE QUESTIONABLE AS I SEARCHED. So I took out all my loan documents, appraisal. I am still in shock with my findings. SECTION 32 disclosure, I told them clear as day I want a fixed rate. Telling me to put my things in a box over some insurance I already have and 683.00 in late fees and 94 cents for a month, calculating that as a month behind. I tried countless times to re-finance my loan, I still have all the documents and how far we got into each time. I tried to purchase a new mobile home and pay Green tree off in 2009. I tried a Loan Modification and worked on that since 2010. Its clear to me now Green tree will not let go of me, after all they have a HELOC, 13.89% interest and 15% annually, I now realize since researching my loan. I am only hopeful that an attorney or someone involved with handling my many complaints can help me understand my loan.
NOTICE OF DEFAULT LETTER mailes out 6-4 94 cents for 4-07-13 will be paid, your right I did forget the 94 cents, no problem. May 7 650.94 payments scheduled and documentation supplied in my complaint.
I dispute Insurance due total 239.10. Late fees 683.34. I think your being unfair as we are still re-building an pictures are enclosed. I am doing the best I can. I am disabled and have children who deserve better. It is time my lender be reasonable.
I have had 4 other mortgage loans, on homes. I have never had anything like this one, this is the only mobile home I have purchased. A mortgage is a loan agreement, trust should be something I should never have to guess about, Sadly I have NONE LEFT AFTER being verbally and mentally drained. I have worked on this house paid my lender and taken abuse. Something I did not agree to. I understand you do not care about my living conditions. I have been through nothing but hardships one right after the other. My county was declared A DISATER IN 2010 that did not matter? DOCUMENTATION IS SUPPLIED IN My COMPLAINT. My husband has been hospitalized 4 times since 2006 after working under the home repairing leaks himself, you made sure he had to by not releasing Insurance funds. I have been advised to notify the EPA.
Darla Goulla
(Personal Information Removed)
I received a “Notice of Default and Right to Cure Default IN THE AMOUNT OF $954.89 IN WHICH $715.88 IS FOR LATE FEES AND THE REST FOR INSURANCE? I HAVE PROVIDED MY LENDE PROOF OF INSURANCE.
It not enough that we were struggling to care for three more children, INTENSE AND EXCESSIVE home repair expenses. They also charged 12.00 per month and told me that must be done to secure my account, $12.00 X12=144.00 2013 = 9 YEARS = $1296.00. I a disabled, My family deserves better living conditions. How do Lenders get away with treating their customers like this. I have saved and recorded the outrageous messages from my answering machine to my computer. I am going to try to attach them with this claim. If I am not success and you need to evaluate them, call me and I will have them available for you to hear. Have had repairs so drastic we had to gut out each room and re-build because Insurance funds were with-held three to four years. I have had to be described antidepressant and anxiety medications as a result of their conduct and dealing with them. I have been accused of picking when I will pay my mortgage, told that those who fail to make December payment are usually out Christmas shopping, and they hit below the belt when they located my 14 year old daughter cell number called her looking for me.
My daughter was prescribed antidepressant in early 2013. Green Tree had had a dramatic effect on our living conditions, I wrote them in 2008 and tried to resolve the matter and as years have passed its only gotten worse, i put up with it, I did not know there were resources to help victim such as my family until i tried to understand why we were denied a loan modification
I have interest rate od 13.89% Tried to re-fiance at least 20 times since 1999
Husband had to drain 401-K to pay for his fathers funeral in June
Inherited three children belonging to my sister who were homeless in 2007 Court orders were supplied to lender twice.
We had home repairs so intense children s father worked off 30,000.00 for repairs
We were told if floors were not repaired children would not be able to stay, my home has been the only stable place in their lives,
2008 washer fell through the floor.
Daughter fell through the floor and was trapped, husband had to dig her out.
Husband fell through the floor.
I fell and almost went through glass door in Dinning room.
2009 we were approved for a new mobile home and HELOC LOCATED ATTACHED TO TITLE DURING TITLE SEARCH, LOAN CANCELLED
2013 Denied Loan Modification because of TX Constitution sec 50 have it in writing from lender
Lender has retaliated after I complained to President Obama by attaching 683.00 late fees and Home Owners Insurance, we have purchased Insurance through State Farm
So none of the above qualifies me for a Loan Modification. I learned my loan is predatory loan in February while researching Loan Modifications? My appraisal was falsified to establish to qualify the loan for as such funds as she could get consolidate as much of our debt as she could get. I am sick over my discovery of the DECSPTION I WAS BLIND TO. My experiences in the past have been nothing but professionalism and honest. I cant believe this, I have done NOTHING Since May 5 but research and explore the internet for resources and debating if I need legal council to make it all right. Learned for a Home Equity Loan. I also learned that section 32 disclosures have been modified to protect consumer and disclose fees that were previously hidden, consumer (speaking from my experience) believes they have a fixed rate, which fixed rate box is checked but behind the scenes they we are being charged the following
Section 32 Disclosure Fixed Rate X or Variable Rate
Annual Percentage Rate (APR) 15.333% Nominal Interest Rate 13.950%
This was not explained the way it should have been, we left closing table believing we had fixed rate per month, nothing even mentioned about APR?
Truth and Lending Disclosure
Annual percentage rate: 15.333% Finance Charge: 107,700.60
Amount Financed: 48,525.00 Total Payments: 156,225.60
Beginning June 7,1999 240 payments of 650.94 once paid separately)
Filling Recording fee: See HUD
Idealization of amount financed
Amount given to me directly $
Amount paid on my (loan account) $
$
Amount paid to others on my behalf
Insurance Companies $
?? Public Officials $
_Please refer to HUD I % $
SETTLEMENT STATEMENT_ $
$
$
$
(less) Prepaid FINANCE CHARGE $ _
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