Greentree

Cheryl Mc

LoanSafe Member
Sep 11, 2014
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There isn't much else that needs to be said other than "Greentree". I'm so tired of them. Just beyond words. After 15 years, I've had enough. The house is falling down around me and I'm tired of their threats and intimidation and harassment. They've contacted my mother in law, brother in law, even my 17 year old son on his cell and driven us all to complete insanity by calling upwards of 30 times a day on each number.

So I've made the difficult decision to walk away from this house. I have zero desire to stay. But I have a few questions I'm hoping someone can answer for me. This loan is for a mobile home in Texas. It is under my deceased husband's name. My name is nowhere on any of the paperwork. He has been passed away since 2000 and I've left it on his name because at the time, I couldn't afford to have everything transferred to my name. Now I have no desire to make that transfer.

I've received a certified notice from Greentree that I had 30 days to pay the default amount. That deadline was about a week ago. I've not yet heard anything from them and they've mercifully stopped calling. I'm trying to find out what kind of time frame I might be looking at for this process to take place and how long I have before I have to move. I'm also curious about the actual process and steps they may take. I know next to nothing about how this all works. Any thoughts or help would be very appreciated. I don't know enough to even do an effective Google search! Even if there is a link that might point me in the right direction?

Thanks in advance for your help. It is very appreciated.
 

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
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Hello Cheryl and welcome to the LoanSafe forum. Thanks for sharing your story with the community.

I'm sorry to hear about your difficulties. The good news is that that they have no legal recourse against you and technically, they shouldn't be calling you because you are not the legal borrower or owner.

The foreclosure process can happen in as little as 41 days in Texas. So you have to be careful.

Here is the law per KeepMyHomeTexas.org:

The foreclosure process in Texas is very short and simple. Homeowners in default on their mortgage can, by law, lose their home in as few as 41 days. And because Texas is a non-right of redemption state, there is no opportunity to reclaim your property once the foreclosure has taken place. For these reasons it is extremely important for you to be informed and act quickly when you encounter difficulty making your mortgage payment.

The sooner you contact your lender or a HUD-approved housing counselor the better! Fortunately there are many options available to assist Texas Homeowners facing mortgage or financial difficulty. (See Refinance and Loan Modification Opportunities)

Texas Foreclosure — A Three-Step Process

When a borrower defaults on their mortgage loan their lender (or loan servicer) may initiate the foreclosure process. The lender/servicer is required by law to send a written notice to the borrower allowing the borrower 20 days to "cure" or pay in full the amount owed to bring the defaulted loan current; otherwise, the foreclosure will be initiated. (Step One)

Step One - Notice of Default/Demand Letter

Under Texas Law a homeowner is given 20 days to cure the default
Servicer must also honor investor/insurer guidelines, which may extend the timeframe
Default/Demand Letter outlines amount due, date it must be paid
After the allowable 20-day cure period, at least 21 days must pass before a foreclosure sale is scheduled at which time the lender is required to post the notice of foreclosure at the courthouse and file the notice with the county clerk as well as notify the borrower of the date and time of the foreclosure sale. By law, foreclosure sales (an auction) in Texas occur on the first Tuesday of each month (including legal holidays) following legal notice, and anyone may bid on the property.

Step Two - Notice of Sale Filed, Posted, and Mailed

Filed with County Clerk
Posted at county courthouse door
Must state earliest time the sale will be held
Sent certified mail to all borrowers
Must be delivered at least 21 days prior to sale date
The trustee named in the deed of trust or its representative reads the foreclosure on the courthouse steps. The sale is to the highest bidder for cash. The trustee or lender representative places a bid for the lender at either the amount of the debt or a lesser amount. A bid higher than the lender's bid will buy the property. Title is transferred by means of a trustee's deed to the lender or the highest bidder.

Step Three - Foreclosure Sale

Sale takes place by auction on the first Tuesday of each month (including legal holidays)
Conducted at County Courthouse
Must be conducted within three hours of time designated in notice
Anyone may bid
Once the foreclosure sale has concluded, the lender or the new property owner may file an eviction notice if the former owner is still occupying the property. Eviction notices are served by county constable's offices and the notices include a court date. After the court hearing the defendant/former property owner has five days to vacate the property or appeal the judge's ruling. After five days, the former owner will have a minimum of 24 hours to vacate the property.