Quote: Here is the story:
My wife and I have been current on our mortgage since 2008. We decided to apply for a HAMP loan several months ago while still making payments and were denied on March 20th of this year. We are 100k underwater and showed a financial hardship, etc.
My issue is this:
For the 1st time we did not pay our mortgage in April 2012 and are now 32 days late. We received a call from Green Tree today asking for payment which is fine. I asked for the specific reason concerning the HAMP denial and that I desired to either re-submit or newly submit another HAMP application. The first gentleman, said that I could not reapply or resubmit unless I paid last mont's payment. I had him repeat this. I told him that I did not understand because HAMP was for people who are in trouble, default, etc. and that HARP was for people who are current on their mortgage. He asked if I wanted to be transferred to his supervisor, Ray. I said absolutely. I had Ray repeat, twice, and confirm that in order for me to re-submit or submit a new HAMP application I had to pay last month’s payment, he mentioned foreclosure would happen to me, etc.
I taped the above conversation.
After this conversation, I then called Green Tree Loss mitigation department and taped that conversation as well. The gal, Chris, stated that I could reapply for HAMP at anytime despite the fact I had not paid last month’s payment. She recommended I wait until May 20th, 60 days past my initial denial. I asked her to repeat that given my specific case file.
In addition, I have her on tape generally telling me the reason why I was denied was because I had not missed any payments.
Is there any recourse for them practicing as such?
My first suggestion is that you check the statutes in your state regarding the recording of telephone conversations. In some states, recording a telephone call without informing the other party is a crime and in some places, such a recording is a felony under state wiretap laws.
If the recording is illegal, then you probably cannot use it as evidence in court and the servicer could file a criminal complaint against you if you furnish further evidence of this.
Second, I would recommend that you read and appreciate Mr. Roper's thoughtful post in the thread "A CAUTION Regarding Posting or Communication of Personal Information":
By posting the exact name of your servicer and the dates of your calls and other details, you have furnished sufficient identifying information that the servicer can and may identify you WITH CERTAINTY by a simple search of their transactional and call management software.
Basically, you are now operating as if you had posted your full name and account number.
Discussing your financial circumstances and strategy under the illusion that you are posting anonymously is a VERY BAD IDEA.
I would suggest that you immediately contact the MS Fraud site administrator via e-mail and ask the administrator to completely REMOVE your post and this thread. Then thoughtfully compose a less identifying message after first checking the statutes on wiretapping.
I really wouldn't want to post a criminal admission using the clearly identifying information you have shared.
Even if there isn't a criminal problem with your recording calls (which IS legal in some states, but might need to be legal at both ends of the conversation), exposing the fact that you have recorded this information prematurely may make your case more difficult. Go find an read a book on playing poker. Never start the betting by showing your opponent your hand!
Finally, realize that the HAMP rules were not set up for the benefit of borrowers. HAMP is a program designed as a giveaway to Pres. Obama's corrupt friends running the big banks. While showing that you were encouraged to default might be helpful (in some states) in delaying or avoiding foreclosures, in most places, courts have held that this is OK. Almost ALL of the banks routinely encourage borrowers to default and then take their homes. This is simply business as usual.
The Obama administration supports these efforts, as this is part of the President's program to end all private home ownership in the United States. Mr. Roper has previously posted about this.