Update 6/28/13: (1)
Leonard Law Office, LLP has closed its investigation. We are now encouraging all victims of Green Tree Servicing to seek government action by:
3. Complaining to the Consumer Financial Protection Bureau (CFPB) here.
4. Telling your story to American Banker reporter Kate Berry –Kate.Berry@sourcemedia.com
Due to the flood of calls in recent weeks, we ask that people kindly refrain from calling us about Green Tree Servicing. If you need foreclosure defense, please find a local attorney to represent you here.
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I. About Green Tree Servicing
Green Tree Servicing is one of the biggest servicers of home loans in theUnited States. It specializes in “servicing” (debt-collecting) subprime residential mortgages. The company’s unusually aggressive collection methods and other business practices are in question. Green Tree Servicing, LLC, is a wholly owned subsidiary of the publicly traded company Walter Investment Management Corp. (NYSE: WAC). Walter Investment Management is based in Tampa, Florida. Green Tree Servicing is led by Ms. Cheryl A. Collins, who has been Chief Financial Officer and Senior Vice President of the company since January 2006. Other key executives include Keith Anderson (President), Gregory D. Aplin (Executive Vice President), Jerry W. Britton (Executive Vice President), Mr. Richard G. Evans (Executive Vice President and Director).
Green Tree Servicing is based in St. Paul, Minnesota, and operates twenty-nine offices for its debt recovery operations. In recent months, Green Tree has acquired hundreds of thousands of at-risk loans. In January 2013, Bank of America (BOA) sold mortgage servicing rights (MSRs) on roughly 650,000 residential mortgage loans (worth $93 Billion) to Green Tree’s parent, Walter Investment Management Corp. Bank of America was recently sued for allegedly preventing loan and paying bonuses to foreclose on homeowners.
For many consumers who have had their mortgages transferred to Green Tree Servicing, it is the final unpleasant chapter in the mortgage meltdown. People whose mortgages have been passed along from lenders like Wells Fargo, Countrywide, Bank of America, and GMAC, are now stuck with Green Tree Servicing, LLC.
If recent calls are any measure, being introduced to Green Tree Servicing has not been a positive experience. In the past few months, upset Americans from Arizona to Vermont have voiced their opinions about Green Tree Servicing, such as “Green Tree is an evil company,” and “Green Tree employs mafia tactics.” One issue that remains to be seen is how consumers who were in the process of undergoing loan modifications during the time of the transfers will be affected. So far, the results have not been promising.
II. Bank of America and Green Tree Servicing – A Match Made in Hell? (New)
Soon after Leonard Law Office LLP filed a class action lawsuit against Green Tree Servicing for allegedly violating the Telephone Consumer Protection Act, an anonymous insider from Bank of American (BAC) mailed an untraceable packet of information in a plain manila envelope. A .pdf of the file is here. The documents blame Bank of America leadership for the way servicing of hundreds of thousands of mortgages was passed off to companies such as Green Tree Servicing. Brian T. Moynihan has been CEO and President of Bank of America since January 1, 2010. His total calculated compensation for 2012 was $8,321,300. Other key executives (with total calculated 2012 compensation: Bruce R. Thompson (CFO, $4.9M), Gary G. Lynch (Head of Compliance & Regulatory Relations, $3.3M), Thomas K. Montag (Co-COO, $6.3M), David C. Darnell (Co-COO, $4.3M).
The insider wrote:
“In order to sell the mortgage servicing rights (MSRs) for half of the 800k loans in the BAC book, they had to include approx. 1.5MM current loans. Successor servicers can then solicit HARP refis and get incentive from the govt.
Not many reputable servicers want the bad loans, so BAC is selling to Nationstar, Greentree and M&T. These entities are NOT regulated by the OCC and do not have to abide by the OCC consent order which outlines strict guidelines on dual tracking (can’t foreclose while a modification is in process), payment processing and single point of contact (SOPC) to assist the borrower. This also includes special treatment of borrowers impacted by the hurricane Sandy. It may mean that any modification currently in process with BAC will not be recognized and the borrower will proceed into foreclosure.
These entities haven’t been under any scrutiny regarding TCPA and other consumer protection acts. They do not screen prior to making outbound calls. No one has cared, but now that numerous “good” borrowers are being sent their way, the right people are finally taking notice.
Tony Meola joined BAC from Saxon mortgage early in 2011. Research the execs at Nationstar – many are buddies of Tony’s. Nationstar did not BAC due diligence for subservicing, but the connections allowed them to be approved (subservicing – you pay someone to service the loans, but keep the MSR).
Brian Moynihan, Ron Sturzeneggar and Tony Meola are well aware of the horrible reputation of these servicers. Brian received an email from client/friend who just learned his mortgage had been transferred. He was not pleased and shared a link to a consumer affairs website tracking Nationstar complaints. Brian did nothing buy forward to Ron, who did the same.
The deal was signed in January 2013. They should have thought of that prior to selling the MSRs to these entities; however, the were primarily concerned with getting the bad loans off their books, not with customer experience.
Under Tony’s leadership, BAC has failed at processing default loans. Ron is a dealmaker, not an operations guy. He was brought in to sell stuff. Any they both receive large bonuses.”
What are the Terms of the Bank of American Consent Order with OCC?
A .pdf of the consent order is here. One of the terms of the order required Bank of America to assess third party servicers:
“…processes to perform appropriate due diligence on potential and current Third Party Provider qualifications, expertise, capacity, reputation, complaints, information security, document custody practices, business continuity, and financial viability, and to ensure adequacy of Third-Party Provider staffing levels, training, work quality, and workload balance;…” Article IV (d), page 11
Related Article (a must read) by mortgage fraud investigator Steve Dibert:
Solves Liquidity Problem By Circumventing National Mortgage
BofA Is Selling Servicing Rights To Unregulated Servicers
By: Steve Dibert 06/21/13
“Are you aware of the fact that your bank is turning its customers over to a processor that based on the complaints posted appears to not only lack basic competency but also poor customer service? Many of the complaints are former BofA customers, is this how you want your bank to be remembered?” -Charles Giannotti email to Bank of America CEO Brian Moynihan
“Greentree Servicing is so abusive that Class action lawyer Preston W. Leonard told me, “I’ve never received so many calls and emails complaining about a publicly-held U.S. company. It is astounding.” His Boston consumer protection law firm Leonard Law Office, LLP is representing plaintiffs in a nationwide TCPA class action against Green Tree Servicing for allegedly placing as many as 100 robo calls to an account holder’s relative. You can read about his lawsuit here as well as the many complaints he has received from consumers about Green Tree.”
Questions About Green Tree Servicing
DOES GREEN TREE CHARGE UNFAIR FEES? Does GTS impose unfair fees to process payments of any kind (late fees, delayed accepted of payments, telephone payments, Internet payments, etc)?
DOES GREEN TREE PROCESS PAYMENTS IN A TIMELY AND ACCURATE MANNER? Many have complained that Green Tree does not process mailed payments on time.
DOES GREEN TREE HARASS PEOPLE? Does Green Tree call account holders before 8:00 AM, after 9:00 PM, after being hung up on, or after being told to stop calling in writing? Do calls contain abusive or profane language, or outrageous threats? Does Green Tree contact third parties (i.e. co-workers, relatives, neighbors) and tell them about debts?
DOES GREEN TREE INTERFERE WITH LOAN MODIFICATIONS OR SHORT SALES? Several consumers have claimed they were unable to complete short sales because of Green Tree’s business practices.
Help for Victims of Green Tree Servicing
IV. Asking the Government for Help (New)
There are numerous agencies to complain to should you wish to share negative experiences with Green Tree Servicing. To speak up and ask the government for help -
1. Complain to the Office of the Comptroller of the Currency (OCC) here.
2. Complain to the Federal Trade Commission (FTC) here.
3. Complain to the Consumer Financial Protection Bureau (CFPB) here.
4. Complaint to your local Attorney General
V. Self Help Section – Standing up for Your Rights
A. Ending Collection Calls from Green Tree Servicing
Federal law requires collection calls to cease upon written request. Fair Debt Collection Practices Act, 15 U.S.C § 1692 et. seq (“FDCPA”). After effective written notice of request for telephone contact to cease has been received by a debt collector, financial penalties of $500 – $1,500 can be awarded per violation.
Elements of an effective collection call termination strategy:
In the letter, specify the name and address of the account holder/recipient of phone calls.
Specify telephone numbers that you do not want called.
Clearly request that future communication be in writing only.
Send the letter by United States Postal Service Certified Mail, Return Receipt Requested to either the address indicated on correspondence from Green Tree, or to Green Tree’s registered agent in the account holder/call recipient’s home state.
Finding the registered agent takes a little work. For example, to find Green Tree’s agent in Arizona, Google search ”Arizona Secretary of State entity lookup”, and then type in “Green Tree Servicing.”
Retain proof of delivery and return receipt. If the green signature card doesn’t come back, look up the tracking number on the USPS website and print out a record of delivery.
Keep a telephone contact log and phone records to prove unpermitted calls received going forward. Calls on cell phones that are not picked up are harder to prove.
If the calls continue, contact a local consumer protection attorney to bring a Fair Debt Collection Practices Act and/or state law fair debt collection claim. Here is a resource for finding a local lawyer who specializes in consumer law: National Association of Consumer Advocates.
B. Sample Cease and Desist Letter
(example below is for Arizona – - see above for how to adapt for your state)
Tree Servicing, LLC
c/o CT CORPORATION SYSTEM
2390 E CAMELBACK RD
PHOENIX, AZ 85016
Address: [ ]
Re: Account Number — [ ]
Date: [ ]
Dear Green Tree Servicing:
Pursuant to my rights under federal laws, I am requesting that you cease and desist telephonic communication with me or about me to third parties (i.e. family, friends, neighbors, employers, etc) in relation to this account, including, but not limited to this list of phone numbers: [ ].
direct future contact to me in writing only, addressed to my
residential mailing address, which is listed above.
C. Addresses for Sending Legal Notices to Green Tree Servicing (in progress –please contribute information).
Tree Servicing, LLC
c/o CT CORPORATION SYSTEM
2390 E CAMELBACK RD
PHOENIX, AZ 85016
Tree Servicing, LLC
c/o CT Corporation System
155 Federal St. Ste. 700
Boston, MA 02110
D. DEMAND TO SEE YOUR MORTGAGE NOTE!
Making a lender prove the debt is often a useful exercise. Here is a helpful tool from Service Employees International Union (SEIU) called, “Where’s the Note? — Did the big banks lose your mortgage? — Demand to see your mortgage note.
According to the site: “Whether you are facing foreclosure, have an underwater mortgage, or are just a concerned homeowner, it’s important that you contact your bank and demand to see the original note on your mortgage. It only takes a few minutes using our free online tool.”
E. How to demand a copy of your note from Bank of America:
Sample Letter - Source: SEIU
PO Box 942019
Simi Valley, CA 93094-2019
[your name, address]
Bank of America:
This is a qualified written request under Section 6 of the Real Estate Settlement Procedures Act (RESPA). I own the property at the address listed above, and your bank services my mortgage.
Over the last several weeks there have been many stories documenting the problem that banks are foreclosing on homes without proof that they own the loan. I have learned that in many cases, banks like yours do not even know who owns the loans you service. Employees at several leading banks have admitted to rubber stamping tens of thousands of foreclosures every month, without even checking to make sure that the bank had a legal right to proceed with foreclosure. In some cases, banks allegedly falsified mortgage documents to cover up their mistakes. There have been reports of two banks trying to foreclose on the same home, banks foreclosing on homeowners who were current on their payments, and even of a bank foreclosing on a home where the homeowner had never taken out a mortgage to begin with. This is not merely a “technical problem”–it is the difference between having a warm bed at night and being out on the street.
As a homeowner and a customer of your bank, I am horrified. I had always believed that if I played by the rules, I would be protected, but now I know that banks like yours think the rules don’t apply to them.
To protect myself and my family, I need to know who owns my mortgage. Within sixty days, I would like to know the name, address, and phone number of the bank or investor that owns my mortgage. Furthermore, in light of the recent allegations of foreclosure fraud, I demand to see the original mortgage note proving ownership over my home loan. If you fail to produce a mortgage note proving that you have a right to collect my mortgage payments, I will be forced to consider all options available to me to ensure that my family and my home are protected.
I ask that I receive my response in writing. I understand that under Section 6 of RESPA you are legally required to acknowledge my request within twenty business days and must try to resolve the issue within sixty days.
Thank you for your attention to this matter.
F. Finding a Local Consumer Protection Lawyer to Represent You:
To find a local lawyer for issues like foreclosure defense, here is a resource from the National Association of Consumer Advocates: http://www.naca.net/find-attorney.
VI. The Green Tree Servicing TCPA Class Action Lawsuit
On April 3, 2013, a class action lawsuit was brought against Green Tree Servicing on behalf of a national class seeking redress for alleged violations of the Telephone Consumer Protection Act (“TCPA”). The complaint alleges that Green Tree Servicing autodialed the plaintiff’s cellular phone as many as 100 times about a debt which he did not owe. The case is the result of a ten month investigation by the Leonard Law Office LLP, a consumer protection law firm. A copy of our class action complaint against Green Tree Servicing, filed in a Massachusetts federal court, is here.
How Does This Affect You?
The class is defined as follows:
“All persons within the United States who, at any point from April 3, 2009, to the present, received any telephone calls from or on behalf of Defendant to said person’s cellular telephone made through the use of any automatic telephone dialing system or an artificial or prerecorded voice and who had not previously consented to receiving such calls.
What is the Current Status of the Case?
The case has just been filed. The class has yet to be certified. When there are key developments in the case, they will be posted here.
What is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act is a federal law enacted by Congress in 1991. It prohibits certain types of unwanted contact from businesses. One activity that is unlawful under the TCPA is the use of an autodialer to contact a cell phone without the recipient’s prior consent.
Phone Calls About the Green Tree Case
Due to the flood of calls, we ask that people kindly refrain from calling to ask about the case. If the class is certified, and if you are a member of the class, you will be notified.
Complaints about Green Tree Servicing
“This company is the devil.” (email)
“Green Tree is about as worthless and greedy as they come.” (blog comment)
“Green Tree is pond scum.” (email)
“The manager I spoke with with extremely rude and unwilling to negotiate any terms.” (email)
“Green Tree called my cell phone and I don’t even have account with them!” (phone)
“I have never been spoken to before like this in my life.” (email)
“Dealing with Greentree…has been a nightmare” (PissedConsumer.com)
“I have tried 4 times in 2 months to get my issue resolved with Greentree. They overcharged (doubled) our escrow amount.” (Consumeraffairs.com) – -1,092 Complaints.
“This corporation should be tried for fraud, neglect and interference with trying to do everything in their power to stop, delay and prevent any type of short sale from going through.” (ConsumerAffairs.com)
A lawsuit by a Florida widow alleges that Green Tree Servicing debt collectors “hounded her husband to death with as many as nine caustic calls per day.” Read the the McLeod v. Green Tree Servicing Complaint (here).
Information exists on the Internet about Green Tree Servicing detailing potentially unlawful conduct. There are 83 pages of consumer complaints about Green Tree here.
There is even a Facebook page dedicated to complaints about Green Tree here.
Comment on this Post
We also ask that if you comment to this post below you, please follow these rules:
Do not use your full name on comments. Either use initials or a pseudonym. Do not leave any personally identifiable information on the post.
Do not write anything that is not factually accurate. In other words, if it isn’t 100% true, don’t put it in a comment. Statements of pure opinion are fine.
Do not make threats of violence to Green Tree employees or office locations.
Green Tree Servicing LLC – Dealing with Green Tree’s overreaching and draconian practices (usaconsumercomplaints.com)
What the week’s big mortgage moves mean for consumers (Miami Herald)
Fitch Monitoring Green Tree’s U.S. Resi Svcr Ratings Following Bank of America Announcement (Wall Street Journal MarketWatch)
Green Tree Servicing Accused Of Foreclosing On Dead People (mfi-miami.com)
By the Numbers: A Revealing Look at the Mortgage Mod Meltdown(Propublica.org)
Banks fall short in helping struggling homeowners (thedailyrecord.com)
Foreclosing on Loan Mod Seekers: Mortgage Monitor Looks for Fix(American Banker)