April 8, 2013 at 3:30 pm
Update to my previous email with links and more concise to do list and thank you’s:
Just wanted to give you all an update-I had written a big post Fri evening but as I was searching for useful links, I lost the tab in my iPad, , here is a post that I put on another site:
April 6, 2013 at 1:08 am
I fought for my life and rights and want to thank all of your who have shared your storied and gave recommendations. I was tenacious since receiving “notice of debt” on 3/26/13 and have spent every waking minute reading, researching, typing, filing documenting, posting here and there, more researching-phone calls, etc. I believe I put in 100+ hours easily on this BUT have to report your recommendations worked BUT I have some suggestions to spread it up. I worked all Easter weekend on this and saved all docs and letters as PDFs and uploaded to GTs corporate website WITH my complaints etc and immediately had date and time stamped response from GTS website.
Also, I sent ALL said docs to attorney as his notice of debt letter had the email address so I mentioned to both electronically that these are legally sent and received as per your your website and letterhead and outgoing message at your firm but the hard copied of all docs will be CERT RR via USPS and I cc’d RESPA, HUD, FLS AG, BOA, FANNIE MAE, and others, I have to check as I left my desk for bed an picked up the iPad to share so others will benefit. On MOn 4/1/13 when I called to confirm that they rec’d my April 1, May1 (and supposed missing sept1) plus extra 50-100k per month towards principal, payment deposited as my banks have notified me of and all is well (close to 3k) she emphatically states NO and after 4 days of hangs ups, bullying, lying etc. 4/1-4/4, . I never quit and continued to email all mentioned acronyms above every time she refused to work with me.
This continued until a 3 way w/BOA on TH where she screamed at me WHY ARE YOU CALLING with BOA? I told her BOA emailed me about following up on their attempted 3 way call the previous day but I was on phone with GTS CUST SERV on hold. I documented over 6 hours on Wed on the phone wGTS reps ALL who saw the $4k in my suspense and no matter how hard each one of them tried to work it out, all calls and dirt roads lead to same rep who was obviously blocking me- this was like a financial horror version of Groundhog Day or clockwork orange where you are forced to watch the horror….each call lasted 1-1 1/2 hours and always resulted with the same – her vm and I LEFT MESSAGE EVERY time or the Cust serv rep saying to call her or attorney.
I forced her hand asking her to cancel payments on my checks supposedly sent back AND TAKE my money out of suspense b/c it is ALL ther b/c GTS reps ALL see it and by the time they see it and read and read and get to the bottom where rep with a mission to put my principal total balance in her monthly totals, must have wrote something on my files…not rocket science. She tells me that Mam, you know I cannot do that, don’t insult my IQ, ANd I reply that I was a NY Public auditor and consultant of fortune 100 corps. in manhattan with biggest big 3 firm right out of college so I KNOW policies and procedures for depts and inter depts and all about suspense accts AnD the big picture that BOA and others want these upside down props off their BS and that her boiler room numbers monthly contest WILL NOT HAVE MY LOAN IN HER NUMBERS and I want any superior at GTs to speak to me and the BOA CS mortgage rep from my inquiry on elect. payments to confirm right now that it is documented that I have relentlessly pursued immediate remedy when I realized my error and your subsequent jump on the fast foreclosure bandwagon to push my acct into 60 days late by floating and putting money in suspense!!
We want explanation without you hanging up again why you cannot keep the almost $4k in susp and take the $3k that you forced me into default (1k was mthly princ over pymts NOT being applied to principal) and stop payment on the other $ 1k that you supposedly sent BACK mid month back so you would cover yourself that would show that my March payment received on 3/14/13 that i SENT AND YOU DEPOSITED would be RETURNED and push/prove I was in default. YOU DID NOT know that I wanted to start aggressively paying down princ and was overpaying so much with my tax return in feb/mar. that your plan backfired as you had so much of my money deposited in your and you CHOSE NOT TO APPLY it to my mortgage but rather put it in suspense AND SUPOSEDLY RETURN my 3/14 payment in form on online banking bill pay that came to you in the form of CHECK ( I REALIZE NOW TO ALWAYS GO VIA BOA ONLINE bill pay B/c YOU CAANOT float my payments NOR can you deny receiving payments on time!!!
I BEGGED her, i was crying profusely b/c i was truly frightened and she had NOT budged a milimeter in 10 days, to unrequest the request to return funds and save us all time and money. You are a financial intitution. I wrote code with programers to get whatever i wanted for front end output for various reports and ins and out of thousands of accts within a co. YOU please DO NOT insult MY IQ. She put us on HOLD for 10 mins while we wondered what to do or is she returning, and I cannot even begin to explain how different she was- it was surreal. Like June Cleaver!! Her inflection, demeanor and accent and pattern of speech completely transformed and she asked me to call back after 5 b/c she put I request in but has to wait for peer to return from wherever to see if it is not too late..I called at 5:30 and miraculously the payments sent on 3/29 were able to stay with GTs AND I unfortunately have to wait for the 3/14 check to come in the mail (I will deal later) but if I pay ~$500 for this and that by moneygram I will be current and out of foreclosure. That was last night. We had tornado alerts here in soflo and I could not see 5 inches in front of me driving so I came home and realized you can $gram online to GTS.
Well, battle one was won, but I have so much to do once I see that QWR, the note and dig for china so to speak, lol. I know I will cover many discrepancies and bring them to small claims if they do not refund or credit. I also have proof that my 3/14 check was deposited for March but b/c she wanted my princ bal in her totals, she pushed me into foreclosure using the payment that kept me out by returning it for HER GAIN. Any expenses incurred based on this pseudo foreclosure that I am billed will be concisely disputed with exact documentation of the timeline and how not only a paper trail but a phone and digital trail confirms my honesty and her dishonesty.
I am weary and there’s a price to pay for peace, but I believed I was paying for peace by my monthly overpayments, but in the end peace will come that I chose to do what is right and fight for our rights because WE did NOT over borrow and let us say that some owners did overborrow, the LENDERS lended and NOT GTS. It ISSSSS YOURRRR home. Do NOT let the pschological warfare tactics used to belittle and unnerve you cause you to crack and not realize your rights and not realize the tools you have at your disposal to counter attack. If it is too overwhelming for many and you cannot produce your own legal docs and don’t have the money, you can look to, local legal aid or pro bono and we can also even work together to, help, each other out once trust is established and volunteer our talents to those who need them. I did VITA in HS, I know that for many, law, IRs, threats and numbers scare people often into procrastination or paralysis-me too.
1. C&D -Cease & Desist
this will immediately prevent them from bullying you and using their little book of tactics to force you to submission and into confusion. They received mine immediately via upload to corp website and email attachment to lawyer-I mentioned follow up USPS. The rep asked me to remove it on day when they put my acct into current status.
2. RESPA QWR- Qualified Written Request –
PLEASE NOTE – DODD FRANK amendment to RESPA has changed dates and times FOR BORROWER’s benefit!!
READ CAREFULLY the below 2 links AND make sure to click on links within the 2nd link below to see summaries by CFPS!!! GREAT STUFF. BOOKMARK FOR FUTURE ref!!!
3. Produce the Note- Also, this provides you with necessary information regarding your note. GTS MUST have it in their possession!! The below link explains this as well as has links for sample letter that you can save and edit for you needs.
4. Revocation of power of Attorney and…
You will see the explanation of this on the 3rd bullet down and MUCH MORE GREAT TO DO’s
You posts and recommendations and shared horror stories forced me to realize that i was NOT IMAGINING something WAS FISHY & forced me into immediate action when I realized how much of a formidable opponent I was dealing with when all along I was naive enough to believe they were to service my loan NOt force foreclosure.
I was ripe for it because I always pay on 14 and I DID not locate my sept 2012 payment when I audited my online bank accounts 3xs in2 days but it still behooves me and i didn’t yet click on every transaction to see elect check or fiche of transaction. One thing at a time. I realized that by missing sept that was 30 days then oct 14 payment created 44 days. I was easy prey.
After several months and probably short for quota, she realized that all she needed was 16 days more to get me into 60 late and for BOA serviced loans by GTs 60 days is Dday (all others 90) so she decided at some point to take that 3/14 payment and request it to be returned hence now i am 60 days LATE and offically in default and att letter will go out and such. It was that fast and easy.
Do fight for your home with a few critical items- see above for explanations and links for samples:
2. Produce the Note
4. Revocation of power of attorney
5. Criminal complaint of fraudulent practices
5. Historically document everything
Be sure to digitally provide this information and upload to website and email attorney mentioning that hard copies will follow cert ret recpt USPS.
All of this will empower you.
You will be less vulnerable and not on top of hit list.
Some of you as I have read, caved due to bullying and psychological tactics and GAVE YOUR HOME away due to 60 days of pseudo lateness because you were frightened, confused and believed GTS. You most likely have recourse to sue for the return of YOUR HOME!!!
PLEASE NOTE- I did attempt to contact GTS and remedy this situation prior to hitting the boards. I feel truly thankful for having the capacity to read all that you so generously shared.
I want to personally thank VICTIMS OF GREEN TREE on Facebook that shared the blog and posts daily on FB as well as the numerous other sites and although I was confused and overwhelmed on day 1&2, by continuing to follow suggested steps, you were instrumental in saving my sanity and my family’s home as well as a continuing future nightmare and lack of sleep for another 11-……fill in the blank number of days!!!
I also want to personally thank a webmaster pal that after a leap of faith where I personally emailed said person, and in return was informed, warned and frightened into an even MORE immediate action.
You both along with countless others (including my cuz’s former GTS sup. friend who confirmed my gut and offered specific recommendations) afforded me the ability to catch up on sleep peacefully this weekend and recharge for the next battle!!!
Good luck to all!!!