A $12.5 million settlement has been reached and is pending approval in the class action lawsuit filed against Green Tree Financial Corp., formerly Conseco Finance Corp., by shareholders. The suit alleged that the company's stock was artificially inflated due to questionable accounting practices on the part of the company's former officials. (Jul-23-03) [PIONEER PRESS]
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Reader Comments
Posted by
Frankie Patterson
on
Frankie Patterson
on
I had to pay extra to pay over the phone. I was denied the opportunity to modify my loan.
Posted by
Clarence DaMone Jones
on
Clarence DaMone Jones
on
The worse rudest unprofessional illegally operating a fraudulent business.
Posted by
Bobby J Walley& Shelley Burrow
on
Bobby J Walley& Shelley Burrow
on
We bought a home through green tree financial services appraisal of 84,000.00 dollars and they tripled the price and our attorney has advised us to let him look at our contract for the house when we signed the paperwork when we purchased our house and when they keep going up on the payments
Posted by
Darla Goulla
on
Darla Goulla
on
Thank you for contacting ditech Customer Service. This message is to confirm the receipt of your email request. Please do not reply to this message as this is an outgoing mailbox only.
Sincerely,
ditech Financial LLC
Customer Service
Why am i getting email from Greentree sercicing if they are Ditech?
Green tree 2008 -MHI filed and executed Foreclosure using Green Tree 2008-MHI and the dont EXIST?
NO STANDING, I WILL FILE AN APPEAL.
Show quoted text
DARLA GOULLA INVALID FORECLOSURE /DEMAND FOR RETURN OF HOME
TO: WILLIAMSON COUNTY DISTRICT COURT 277 With Answer 1/15/16
FORCE PLACED INSURANCE AND BACKDATED April 2012 to December 2011 Court File # 12-02496 (PJS-FLN)
1. Darla Goulla offers that she is similar situated in the Class Action Lawsuit.
2. RE: FORCE PLACED INSURANCE VIOLATION LENDER NOTIFIED.
3. Darla Goulla will add the following CLASS ACTION LAWSUIT TO HER COMPLAINT ON 1/3/17 AND ANSWER 1/14/16.
4. Was Summons on 8/31/2012 Attached 50 pages.
5. FIRST AMENDED COMPLAINT 10/26/12 58 Pages
PLAINTIFF Jared Rapp Individually and on behalf of others similarly situated
DEFENDANTS
GREEN TREE SERVICING LLC (a Delaware Limited Liability)
GREEN TREE INSURANCE AGENCY INC (Minnesota corporation)
ASSURANT INC. (a Delaware Corporation)
AMERICAN BANKERS INSURANCE COMPANY (Florida Corporation)
JULY 2013 DISPUTE OVER FORCEPLACED INSURANCE
Darla Goulla was served a Foreclosure Notice July 2913 over FORCE PLACED BACKDATED HOMEOWNERS INSURANCE WHICH IS WHAT INITIATED THIS CONFLICT BETWEEN Darla Goulla and Michael Goulla and Green Tree.
Darla Goulla has a 27 minute recorded phone conversation between Darla Goulla and Marisa with Greentree, in the conversation Marisa tries to TRICK DARLA GOULLA INTO PAYING FOR BACKDATED FORCEPLACED INSURANCE, DARLA GOULLA CLEARLY INSTRUCTED MARIZA IT WAS AGAINT THE LAW TO BACK DATE INSURANCE AND SHE REFUSED TO PAY, LEADING AND STARTING THIS ILLEGAL FORECLOSURE DISPUTE, Darla Goulla hired the MRA, Mortgage Relief Advocates to address this and RESPA VIOLATIONS BY GREETREE. Darla Goulla provided breech of Contract Violations, NOTICE OF
1. INFLATED APPRAISAL. Greentree Appraisal $70,000.00 and Williamson County Fair Market Value of home $16.700.00 This was a violation of Texas Constitution Article 16 which your home must appraise at 80% above FAIR MARKET VALUE TO QUALIFY FOR THE HOME EQUITY LOAN. The loan amount $52,500.00, therefore $16,700.00 was not enough to qualify. Notices to Green Tree provided 2012-2014. Green Tree failed to follow the Contract.
2. Texas Constitution Section 50 Article 16 stipulates the Loan Application SHALL be signed 12 days prior to CLOSING DATE. the APPLICATION and Loan DISCLOSURES WERE ALL SIGNED May 3, 1999, Greentree provided proper notice 2012-2014 Green Tree failed to properly correct this matter.
3. Texas Constitution Section 50 Article 16 stipulates THE LOAN ORIGINATION FEES SHALL NOT EXCEED 3% OF THE LOAN AMOUNT. The Loan Origination fees are 7% exceeding the amount permitted by 4% Green Tree was provided notice 2012-2014 and AGAIN failed to properly correct this matter.
4. Green Tree has been NOTIFIED NUMEROUS TIMES ABOUT THEIR FAILURE TO
a) Correct VIOLATION DETAILED IN 1-3 ABOVE
b) Correct Violation of RESPA,
c) CFPB IN VIOLATION OF ENFORCEMENT OF CONCENT ORDER APRIL 2015
d) GREEN TREE IN VIOLATION AND PROVIDED NOTIFICATION OF VIOLATION OF STIPULATED CONCENT ORDER ENTERED WITH FTC, CFPB GREEN TREE APRIL 2015.
e) Green Tree committed fraud from the start.
5. MAY 3, 1999 THE NOTE
MAY 7, 1999 IS THE DATE ON THE NOTE?
6. Michael and Darla Goulla signed a agreement to pay THE PRINCIPAL OF 52,500.00
7. Michael and Darla Goulla signed a agreement to pay THE INTEREST OF 52,500.00.
DARLA AND Michael Goulla did not agree to #8
Securitized Note SEE LETTER FROM WELLS FARGO
8. Explanation of Securitization ww Introduction Securitization takes a commonplace, mundane transaction and makes very strange things happen. This explanation will show that, in the case of a securitized mortgage note, there is no party who has the lawful right to enforce a foreclosure, and the payments alleged to have been in default have, w. in fact, been paid to the party to whom such …
The lender in a securitized mortgage transaction is called the “originator.” The originator sells the loan (note and mortgage) to the “securitization sponsor” (spon-sor). Upon sale or transfer, the mortgage is assigned to the sponsor and the note is endorsed to the sponsor. The sponsor’s possession of the note without assignment of
In cases where a default has been alleged, the securitized note has likely already been satisfied (not just sold and/or assigned) four or five times over. Securitization is a product of the genius of capitalism.
Securitization is the financial practice of pooling various types of contractual debt such as residential mortgages, commercial mortgages, auto loans or credit card debt obligations (or other non-debt assets which generate receivables) and selling their related cash flows to third party investors as securities, which may be described as bonds, pass-through securities, or collateralized debt ...
Agreed to #6 and #7 ONLY
9. MICHAEL AND DARLA GOULLA WERE NOT AWARE GREENTREE ASSIGNED FULL CONVEYANCE OVER TO US BANK NA on 5/18/1999 They learned about this in 2013
10. MICHAEL AND DARLA GOULLA DID NOT SEE FINE PRINT ON DOCUMENT WHICH STATES.
11. NOTICE TO ASSIGNEE
This is a Mortgage subject to special rules under The Truth and Lending Act, Purchasers or Assignees of this Mortgage could be liable for all claims and defense with respect to the Mortgage that the Borrower assert against the Creditor.
12. Darla Goulla pointed this verbiage out to the Judge on October 24, 2016 and brings her claim in the matter before this court AGAIN ON 10/23/2016 TO BE HEARD AND RULED UPON.
13. THE NOTE REMEDIES Page 2
14. ONCE NOTICE IS GIVEN UNDER THE LAW
15. Darla Goulla has requested DUAL TRACKING INFORMATION, Darla Goulla has written The IRS FOR A 1099, NO 1099 HAS EVER BEEN RECORDED BY THE CREDITOR.
16. You (the lender) will forfeit all Principal and Interest in the event you fail to comply.
17. The Note cannot be enforced upon BREACH OF CONTRACT VIOLATIONS
18. NOTICE was given to Greentree they were not in compliance of contract 2012-2013.
19. MORTGAGE RELIEF ADVOCATES was hired to audit the loan for compliance violations, and it was reported to Michael and Darla Goulla that Green Tree did not own the loan.
20. Greentree was in violation of CERCLA and provided written notice.
21. GREEN TREE 0R GREEN TREE 2008-MH1 HAD NO STANDING OF OWNERSHIP TO ACT IN 2015 SUMMONS TO FORECLOSUE ON DARLA AND MICHAEL GOULLD HOME IN LEANDER, TEXAS.
22. An ASSIGNMENT WAS MADE BY GREEN TREE MAY 18, 1999, REMOVING GREEN TREE AND TRANSFER OF ALL RIGHTS OF OWNERSHIP TO US BANK NA.
23. Darla Goulla provides testimony that MANY Concent Orders have been COMPLETELY IGNORED BY GREEN TREE SINCE MAY 1999
24. 12/6/16 NO NOTICE OF SALE WAS RECORDED, OR GIVEN, OR POSTED AT THE COURTHOUSE PRIOR TO SALE.
25. On December 10, 2015 Michael Goulla and Darla Goulla received a Application for Order to Foreclose and Default Order by us mail. After reviewing the DEFAULT PRDER, Darla Goulla knew something was very wrong.
26. December 12, 2015 Darla Goulla went to the Williamson County District Clerk to inquire about the Notice she received by US REGULAR MAIL. Darla Goulla was provided a copy of the Mailed Copy to Darla Goulla and Michael Goulla SIGNED BY Bruce Johnson (who is affiliated with Johnson and Silver Law Firm) The firm Representing Green Tree 2008-MH1.
27. Exhibit A Attached hereto The Summons was mailed to Michael Goulla and Darla Goulla and Occupant of the Property 1400 TURBINE DRIVE RAPID CITY SD 57703.
28. Because Exhibit A was mailed to the address of Green Tree and not the correct address of Michael and Darla Goulla and Occupant of Property it was not ANSWERED.
29. The correct Mailing address for the Summons containing Application for Order of Foreclosure Michael and Darla Goulla were never served this summons.
30. After Darla Goulla made the Williamson County District Court AWARE of this ERROR, The summons was mailed to Michael Goulla and Darla Goulla at their address of 209 Baker Lane Leander, Texas 78641.
31. Exhibit B Attached hereto is a Summons containing Application for Order of Foreclosure, DEFAULT ORDER, They never corrected the Default order, Darla Goulla did not realize this till much later, she was so over whelmed with the Legal act she needed to answer.
32. Michael and Darla Goulla filled a petition of Appeal and they were still evicted from the Mobile Home OWNED BY DARLA GOULLA BECAUSE SHE DID NOT POST 33,OOO.00 Bond and filed a Indigent document.
33. Michael and Darla Goulla have invested over $100,000,00 of sash money into the Mobile Home 2009 to 2015 and this is three times THE COST OF THE BOND.
34. Randy Gool has filed contempt of court claim in which Darla Goulla offers he FRAUDULENTLY FILED A CLAIM OF OWNERSHIP TO THE MOBILE HOME AND HE HAS NO STANDING IN THE OWNERSHIP OF THE MOBILE HOME IF ITS DECIDED HE HAS ENTITLEMENT TO LAND HE STILL WOULD NOT OWN THE MOBILE HOME, Darla Goulla will provide a copy of this to the FBI AND LET THEM DETERMINE WHO HOLDS OWNERSHIP OF THE MOBILE HOME AND THE PROPERTY.
35. On July 27, 2017 Darla Goulla provided a Certified copy of a Death Certificate of Frank Krekler, Darla Goulla also cancelled Instrument numbers 199930893 and 199930894.
36. October 2017 Darla Goulla then filed a Full Reconveyance of Deed.
37. October 5, 2018 Darla Goulla filed The Warranty Deed in the Williamson County deed records. A year had passed since notice provided to the Lender and they never responded.
38. Green Tree 2008-MH1 has no recording of Business with the Secretary of State, Darla Goulla will provide certified Copies from them.
39. Wells Fargo brought this matter before the court and claims no liability or responsibility of the sale? They were not ASSIGNED UNTIL 8/30/16 Over a year after this was filled?
40. Darla Goulla FIRST ANSWER covered the Assignment matter straight to the point of no QUESTION? Filed 12/15/15, yes it was filled before she was officially served 12/18/15. Because she was made aware of it before being served, a Second answer was filed 1/14/16.
41. The entire mater boils down to this, September 6, 2016 Michael Goulla and Darla Goulla were provided written verification from CFPB they were victims of the STIPULATED CONCENT JUDGEMENT entered between Green Tree and FTC AND CFPB. Green Tree knew they held no standing in bringing Foreclosure therefore WELLS FARGO BANK NA. on behalf of Green Tree 2008-MH1.
42. #1 Michael and Darla Goulla DISPUTE/ ARGUMENT
NO PROPER SERVICE of a Summons Violation of RULE 106 (a) (2) and 736.6 in the 735 and 736 rules and regulations of a PROPER FORECLOSURE WITH PROPER NOTICE, THIS IS ALSO GROUNDS FOR A NEW TRIAL IN THE EVICTION MATTER Which has been assigned Cause #___________. Michael and Darla Goulla were not properly served 736.3 and TEXAS RULES OF PROCEDURE RULE 106 (a) (1).
43. #2 Michael and Darla Goulla DISPUTE/ ARGUMENT
Wells Fargo was not a trustee until they fraudulently filed on 8/3/16 backdating the assignment?
44. #3 Michael and Darla Goulla DISPUTE/ ARGUMENT
Green Tree 2008-MH1 DOES NOT EXIST IN TEXAS SECRETARY OF STATE RECORDS.
45. #4 Michael and Darla Goulla DISPUTE/ ARGUMENT
Johnson and Sliver provided a fraudulent statement to the Court, FRAUD UPON THE COURT. Darla Goulla Argued every point and they all ignored her.
46. #5 Michael and Darla Goulla DISPUTE/ ARGUMENT
Claiming The Company name DITECH after filling the Lawsuit.
47. #6 Michael and Darla Goulla DISPUTE/ ARGUMENT
Judge Lambert signed a Order of Foreclosure missing a NOTARY?
48. #7 Michael and Darla Goulla DISPUTE/ ARGUMENT
Darla pointed out the document claimed to be the note was Fraudulent and copied from the Williamson County Clerk office, no original document. Upon Darla Explanation to the Judge the Attorney for Johnson and Silver jerked the document out of her hand before she was finished speaking. (THE JUDGE ALLOWED THIS AND SO MUCH MORE)
49. #8 Michael and Darla Goulla DISPUTE/ ARGUMENT
Wells Fargo as Trustee on behalf of Green Tree 2008-MH1 has been verified as INDENTURE TRUSTEE, THIS IS SOMETHING NOT OUTLINED IN THE CONTRACT. THERE WAS NO MENTION OF BACKED SECURITIES AND SECIRITIZATION.
50. #9 Michael and Darla Goulla DISPUTE/ ARGUMENT
Green Tree assigned all rights unto US BANK NA on 5/18/1999. Then Green Tree accepted payments from the Goulka’s Monthly from 1999 to 2014?
51. #10 Michael and Darla Goulla DISPUTE/ ARGUMENT
US BANK HELD STANDING, POSSESSION OF THE ASSIGNMENT FROM GREENTREE 5/18/1999. NOT GREEN TREE. GREEN TREE signed all rights over to US Bank on 5/18/1999.
52. #11 Michael and Darla Goulla DISPUTE/ ARGUMENT
Wells Fargo committed fraud by any sale to Randy Gool, Wells Fargo and Green Tree have no rights to claim this property.
53. #12 Michael and Darla Goulla DISPUTE/ ARGUMENT
Locke and Lord transferred Case 17-0011-C395 Lawsuit filed by Darla Goulla 1/3/17 (was supposed to stay a sale if one occurred) to HOUSTON TEXAS FEDERAL COURT and it was never signed by Judge Larson or the Federal Court GIVING AUTHORIZATION OF ITS REMOVAL TO FEDERAL COURT.
54. #13 Michael and Darla Goulla DISPUTE/ ARGUMENT
The transfer request was on a case located in Williamson County, Locke and Lord claimed I was in Montgomery County.
55. #14 Michael and Darla Goulla DISPUTE/ ARGUMENT
A hearing was set by Darla Goulla for March 22, 2017, the case had not been properly assigned to the Federal Court, Locke and Lord were provided proper service of notice of this hearing in which Locke and Lord failed to appear before the court on a hearing in which was still in the Jurisdiction of Williamson County Honorable Judge Larson. Proper Notice will be submitted to the Federal Court for a Evaluation of matters Darla Goulla believes she has been violated and holds rights to a fair hearing in which every single time she makes such request she continues to be pushed aside and Randy Gool or Wells Fargo have DENIED DARLA AND MICHAEL GOULLA DUE PROCESS, THIS IS A DEMAND FOR CORRECTIONS.
56. #14 Michael and Darla Goulla DISPUTE/ ARGUMENT
Upon entry to Houston Federal Court, the JUDGE RECUSED HIMSELF.
57. #15 Michael and Darla Goulla DISPUTE/ ARGUMENT
After Darla Goulla answered the Summons served 12/18/15 she requested a hearing on February 17, 2015 because 2 months had passed and Green Tree 2008-MH1 had not set a hearing yet? Darla Goulla was told Green tree 2008-MH1 would set the hearing?
KEEP IN MIND FEBUARY 19, 2015 WHEN THIS HEARING WAS REQUESTED FRANK KREKLER WAS THE RECORDED TRUSTEE AND HAD BEEN THE ONLY RECORDED TRUSTEE.
58. #16 Michael and Darla Goulla DISPUTE/ ARGUMENT
July 3, 2015 Green Tree (NOT GREEN TREE 2008-MH1) MAILED A CORESPONDENCE as a result of a Complaint filed by Darla Goulla in reference to Green Tree REPORTING to EQUIFAX 0n 6/22/15 the following information:
Name of Entity GREEN TREE P.O. Box 6172Rapid City, SD. 57709 Balance: 34,002.00
Status COLLECTION ACCOUNT, CONVENTIONAL LOAN Date Opened May 1, 1999
THE NAME OF THE ENTITY REPORTING TO THE CREDIT BUREAU ON 6/22/15 TWO MONTHS BEFORE THE APPLICATION FOR ORDER OF FORECLOSURE Green Tree was using the name Green Tree, therefore Darla Goulla demands a explanation of the use of Green Tree 2008-MH1, Darla Goulla offers that Green Tree 2008-MH1 Held NO STANDING THEN, OR AFTER THE MATTER. UPON DITECH RECEND FILING OF BANKRUPSY THEY PROVIDED ALL NAMES OF ENTITYS USED, GREEN TREE 2008-MH1 IS NOT ONE OF THE NAMES GREEN TREE USED TO DO BUISNESS OF ANY KIND WITH MICHAEL AND DARLA GOULLA. GREEN TREE 2008 MH1 has no standing to bring this action before ANY COURT IN THE UNITED STATES.
FURTERMORE IN REFERENCE TO THE LETTER FROM GREEN TREE ON JULY 3, 2015 Darla Goulla offers that Green Tree has failed to properly record accurate payments and added fees Sporadically through out the Goullas Account history. Darla Goulla has verified payment in which were not properly recorded and reported them to CFPB, This lead to the verification that Michael and Darla Goulla are victims of the FINIAL CONCENT AND STIPULATED JUDGEMENT WHICH GREEN TREE HAS VIOLATED.
59. #16 Michael and Darla Goulla DISPUTE/ ARGUMENT
After months passed and no word from Wells Fargo as Trustee on behalf of Greentree 2008-MH1, July 12, 2016 Johnson and Silver submitted a MOTION FOR ENTRY OF ORDER. STATIING THE FOLLOWING :
60. JULY 12. 2016 Letter from Johnson and Silver Law/ PLAINTIFF Green Tree 2008-mh1
1. On August 31, 2015 Petitioner filed an Application For Order Allowing Foreclosure (PETITIONER WAS GREEN TREE 2008-MH1 having NO STANDING). PURSUANTE TO and in Compliance with Texas Rules of Civil Procedure 735 and 736.
This is FRAUD UPON THE COURT, DARLA AND MICHAEL GOULLA WERE NOT SERVED THIS AUGUST 31, 2015 NOTICE, ITS BEEN PROVIDED AND DISPUTED AND NONE OF THE JUDGES ARE LISTENING TO DARLA GOULLA TESTIMONY.
2. PURSUANTE TO and in Compliance with Texas Rules of Civil Procedure 735 and 736 the clerk of the court served a citation on each Respondent and The Occupant of the Property on 12/15/15
Rules for 735 instructions indicate FOR A EXPEDITED ORDER, NO NOTION FOR EXPIDITED ORDER
(a) A citation for expedited foreclosure may be served in the manner provided by Rule 106 or 736, Texas Rules of Civil Procedure. Following the filing of a response to an application for an expedited foreclosure proceeding under Rule 736.5, Texas Rules of Civil Procedure, a court may, in the courts discretion, conduct a hearing to determine whether to order mediation.
Johnson and Silver FAILED TO REQUEST A EXPEDITED ORDER FOR FORECLOSURE. Darla Goulla filled several answers, one before she was ever served, Darla Goulla DISPUTED THIS AND ENTERED A MOTION TO DISMISS ALL VALID ASSIGNMENTS WERE IN QUESTION, IN FACT ON 7/12/16 WHEN THIS MOTION FOR ENTRY OF ORDER WAS EXECUTED, THE TRUSTEE RECORDED IN THE WILLIAMSON COUNTY RECORDS WAS FRANK KREKLER, THIS IS ANOTHER POINT OF NO STANDINGWHICH GREEN TREE 2008-MH1 was not the Lender, Green Tree has been INCONSISTENT IN EVERY SINGLE MATTER.
(b) THE RETURN OF SERVICE HAS BEEN ON FILE MORE THAN 10 DAYS, as required by Texas Rules of Civil Procedure 736.7 (c) SEE definition of RULE 737.79(a) below
NON-JUDICIAL FORECLOSURES OF HOME EQUITY (“HEL”), …
https://www.county.org/TAC/media/TACMedia/Education/Event Presentation Materials/2018...
If no timely response, petitioner may file motion and proposed default order (736.7(a)) Court must grant within 30 days after the motion for default is filed if application complies and service proper (736.7(b)) Return must be on file 10 days. (736.7(c)) Petition need not appear to get an default order. (736.6-7)
Darla Goulla pleads with the COURT THAT THEY ARE EXCERCISNG FRAUD UPON THE COURT
(c) Respondents answer failed to affirmatively plead or provide adequate evidence of any of the required affirmative responses as required by Texas Rules of Civil Procedure736.5
Respondent filed hundreds of Documentation to provide evidence Green Tree had not properly credited her Account, Respondent also discovered that there were two different Account Numbers, The Account #Green Tree2008-MH1 used to Identify this claim was 88212328 in which this is not the account # assigned to the Contract dated May 3, 1999. There is also a discrepancy of dates the Contract originated, Ditech website is missing Payments paid by Darla Goulla and Michael Goulla 1999-2005. There is $46,800.00 missing from payment history on Ditech website. The Balance on Ditech Website is 34,000.00, Darla Goulla has offered testimony in which the 46.800.00 missing from payment history under Original account # 69 would leave a surplus in amount owed in this Matter.
Johnson and Silver also failed to hold a hearing after the answer was submitted by Darla Goulla.
(d) Respondent served discovery request on Petitioner, However under Texas Rules of Civil Procedure 736.4 no discovery is permitted. NO ARGUMENT IN THIS FROM THE GOULLAS.
(e) Respondent requested Temporary Restraining Order However failed to timely have a hearing. As requested by Texas Civil Rules of Procedure.
Respondents did request a hearing from the court and was denied such FEBUARY 16, 2019.
Johnson and Silver Law Firm was contacted 3 times by telephone which Respondent was told the Petitioner would set a court date. Petitioner brings fault of Respondent to the courts attention while failing to hold ASSIGNEMT STANDING, AT THE TIME OF THE EXECUTION OF THIS COMPLAINT THEY WERE NOT AND DID NOT HOLD STANDING WITH ASSIGNMENT.
(f) Respondent filed a Counter Claim against the Petitioner. Which is not allowed under Texas Rules of Procedure 736.5 Plaintiff offers no argument in respect of the law, Again requested a Hearing 2/17/16.
(g) Respondent has filed over 39 Pleadings consisting of 2,216 pages to date.
Plaintiff did provide plenty to present merit and valid claim in this matter yet in
#4 of this document a claim was made by Plaintiff Respondent failed to provide answer?
(h) Under Texas Rules of Civil Procedure 736.7 Petitioner is entitled to an Order as the Application complies with Texas Civil Rules of Procedure 736.1 and return of service has been on file with the court at least 10 days.
Respondent disputes this claim in which is explained in #! Of this document. Respondent offers that 736.1 implies a EXPEDITED APPLICATION FOR ORDER OF FORECLOSURE, PLAINTIFF FAILED TO FILE THE PROPER APPLICATION AND THE APPLICATION ON FILE HAS EXECUTED A DATE OF WITH THE FOLLOWING ARE NOT PROVEN TO THE COURT.
61.FRAUDULENT CLAIM BY PETITIONER
A) On August 31, 2015 Petitioner filed an Application For Order Allowing Foreclosure (PETITIONER WAS GREEN TREE 2008-MH1 having NO STANDING). PURSUANTE TO and in Compliance with Texas Rules of Civil Procedure 735 and 736.
B) Assignment of record on 7/12/15 was Green tree Financial and Trustee Frank Krekler
C) Green Tree standing is invalid because on May 18, 1999 Greentree Assigned all rights and ownership over to US BANK NA.
D) Green Tree 2008-MH1 HAS NO STANDING
E) WELLS FARGO BANK NA HAS NO STANDING
THIS IS BEFORE WE GET INOT THE BACKDATING OF THE ASSIGNMENT WHEN THEY REALIZED THEY HAS AN ASSIGNMENT PROBLEM, THEY MADE ANOTHER MESS OF ANY STANDING POSSIBLE TO ANY OF THEM??
62. Please read the contents of the Consent order, Darla Goulla offers that this ORDER SHALL BE EXECUTED IN THIS CURRENT MATTER, IF THIS COURT DOES NOT HOLD JURISDICTION TO ENFORCE THIS ORDER, DARLA GOULLA DEMANDS THE COURT RECUSE ITS STANDING TO ENFORCE AND TRANSFER THE MATTER INTO A HIGHER COURT WITH THE ABILITY TO ENFORE AN ORDER THAT DARLA GOULLA HOLDS RIGHTS OF ENFORCEMENT OF.
63. A copy of this entire complaint, request for Contempt Order and copies of Darla Goulla’s 2017-2018 filings have been submitted to the FTC as a complaint of NON ENFORCEMENT OF THE COURT ORDER RENDERED AND VIOLATED.
64. A copy will also be provided to the Williamson County District Attorneys Office for a review of Randy Gool execution of fraud in claiming Darla Goulla sold her mobile home to him, SHE DID NOT.
65. Darla Goulla request that the Court grant the JUDICIAL REVIEW which was requested to start with and the opposing side has kept the review from proceeding, this is a demand for due process.
66. Fraudulent Deeds
A fraudulent deed is a void deed, but action must generally be taken in order to establish that the deed is fraudulent. It does not happen automatically, merely upon allegation. Section 51.901 of the Government Code requires a county clerk to act if there is "a reasonable basis to believe in good faith that document or instrument previously filed or recorded or offered or submitted for filing or for recording is fraudulent." One way to trigger such action is for an aggrieved party to file an affidavit which includes the property's legal description, send a copy of the affidavit to the perpetrating party, and demand that the fraudulent deed be canceled. If this strategy is unsuccessful, a suit alleging fraud (both common law fraud and statutory fraud under Business & Commerce Code section 27.01) and requesting rescission and/or a declaratory judgment should be filed.
Note also that Civil Practice & Remedies Code section 12.002 provides that a person who knowingly and intentionally files a fraudulent lien or claim against real property may be held liable in civil district court for the greater of $10,000 or actual damages, exemplary damages, and recovery of attorney's fees and costs.
67. Darla Goulla will satisfy the courts requirements to establish a proper assignment was not exercised, the opposing side wants you to believe Darla Goulla has been un-successful in these attempts, for one they have not been granted, furthermore Honorable Judge Edna Staudt has reviewed this assignment process twice in her court and both times determined there were title issues and ruled in the favor of Darla Goulla. The claim of un-successful attempts by J. Hyde the attorney for Randy Gool is NONSENSE.
68. Darla Goulla is aware of another case in Williamson County this year that was granted a Judicial Review and it was reversed upon these findings, Please proceed with this request for a Judicial Review, This case should not have gotten this far, if a Judicial Review were granted we would see a change in direction. Thank you.
69. Darla Goulla filed this case almost a year ago has waited patiently for the execution of her request. Darla Goulla opposes Randy Gool request for a Summary Judgement, Darla Goulla offers that she filed this request for a Judicial Review. This is what the Court should be focused on, the other side has done everything to distract the reason this was opened and DEMANDS THE COURT TAKE NOTE THAT THE JUDICIAL REVIEW HAS NOT BEEN EXECUTED. This must occur before granting any other request from anyone.
70. Darla Goulla offers 2005 to 2017 Credit reports to show INCONSISTANT AMOUNTS OWED AND NAME OF ENTITY, Including where Green Tree was reviewing her credit history? GREEN TREE REFUSED TO RE-FINANCE AND PROVIDE LOAN MODIFICATION ASSISTANCE,
71. Darla Goulla can show this court where she tried to get a loan modification 2011 to 2014 Green Tree never came through, lots of false promises.
IN REFERENCE TO WELLS FARGO CLAIM OF TRUSTEE (HAD NO CLAIM NOT RECORDED IN DEED RECORDS IN TIMELY MANNER. THEY WERE THE INDENTURE TRUSTEE
72. An indenture trustee is appointed to act as a type of agent on behalf of the bondholders collectively. The role of an indenture trustee, however, is not subject to an ordinary trustee’s duty of undivided loyalty.
It is an agreement in the bond contract made between a bond issuer and a trustee that represents the bondholder's interests by highlighting the rules and responsibilities that each party must adhere to.
A “trust indenture” or “indenture agreement” is the governing agreement in a bond contract made between a bond issuer and a trustee that represents the bondholders’ interests by highlighting rules and responsibilities of the parties. An indenture trustee is appointed to act as a type of agent on behalf of the bondholders collectively.
73. Darla Goulla provided this as PROOF GREEN TREE 2008-MH1 Held no Standing to their Claim
E-MAIL FROM TEXAS DEPARTMENT OF BANKING
Consumer Complaints October 1, 2019
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to me
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Dear Consumer:
The Texas Department of Banking (Department) received your complaint regarding Green Tree Servicing LLC.
Mortgage Lenders/servicers in Texas such as Green Tree Servicing LLC are not regulated by the Department. Ditech Financial LLC (Ditech) is the successor to Green Tree. Note, Ditech is currently, regulated by the Texas Department of Savings and Mortgage Lending (TDSML). If you further have questions or concerns please contact the TDSML at the following:
TDSML
2601 North Lamar Blvd., Ste 201
Austin, TX 78705
Toll Free: (877) 276-5550
Web: www.sml.texas.gov
We trust that this agency will be able to address your concerns.
Consumer Assistance Specialist
Texas Department of Banking
Toll Free: (877) 276-5554
Fax: (512) 475-1313
We are responsible for investigating complaints against Texas State-Chartered Banks, Trust Companies, Foreign Bank Agencies, Money Services Businesses, Prepaid Funerals, Perpetual Care Cemeteries, and Cemetery Brokers. National banks, federal/state credit unions, federal/state savings banks, mortgage companies and finance companies are regulated by federal agencies or other state regulatory agencies.
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END OF E-MAIL 10.1.19
Darla Goulla
P.O. Box 1857
Brackettville, Texas 78832
Darla Goulla has MUCH MORE IMPORTANT TESTIMONY TO EVENTS THAT OCCURRED 1999-2019 BUT REALIZING THIS IS NOW A 12 PAGE DOCUMENT STOPPED.
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Darla Goulla
darlagoulla64@gmail.com
The following message to <customer.service@gtservicing.com> was undeliverable.
The reason for the problem:
5.1.0 - Unknown address error 550-'5.4.1 [customer.service@gtservicing.com]: Recipient address rejected: Access denied [BL2NAM02FT033.eop-nam02.prod.protection.outlook.com]'
Sincerely,
ditech Financial LLC
Customer Service
Why am i getting email from Greentree sercicing if they are Ditech?
Green tree 2008 -MHI filed and executed Foreclosure using Green Tree 2008-MHI and the dont EXIST?
NO STANDING, I WILL FILE AN APPEAL.
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DARLA GOULLA INVALID FORECLOSURE /DEMAND FOR RETURN OF HOME
TO: WILLIAMSON COUNTY DISTRICT COURT 277 With Answer 1/15/16
FORCE PLACED INSURANCE AND BACKDATED April 2012 to December 2011 Court File # 12-02496 (PJS-FLN)
1. Darla Goulla offers that she is similar situated in the Class Action Lawsuit.
2. RE: FORCE PLACED INSURANCE VIOLATION LENDER NOTIFIED.
3. Darla Goulla will add the following CLASS ACTION LAWSUIT TO HER COMPLAINT ON 1/3/17 AND ANSWER 1/14/16.
4. Was Summons on 8/31/2012 Attached 50 pages.
5. FIRST AMENDED COMPLAINT 10/26/12 58 Pages
PLAINTIFF Jared Rapp Individually and on behalf of others similarly situated
DEFENDANTS
GREEN TREE SERVICING LLC (a Delaware Limited Liability)
GREEN TREE INSURANCE AGENCY INC (Minnesota corporation)
ASSURANT INC. (a Delaware Corporation)
AMERICAN BANKERS INSURANCE COMPANY (Florida Corporation)
JULY 2013 DISPUTE OVER FORCEPLACED INSURANCE
Darla Goulla was served a Foreclosure Notice July 2913 over FORCE PLACED BACKDATED HOMEOWNERS INSURANCE WHICH IS WHAT INITIATED THIS CONFLICT BETWEEN Darla Goulla and Michael Goulla and Green Tree.
Darla Goulla has a 27 minute recorded phone conversation between Darla Goulla and Marisa with Greentree, in the conversation Marisa tries to TRICK DARLA GOULLA INTO PAYING FOR BACKDATED FORCEPLACED INSURANCE, DARLA GOULLA CLEARLY INSTRUCTED MARIZA IT WAS AGAINT THE LAW TO BACK DATE INSURANCE AND SHE REFUSED TO PAY, LEADING AND STARTING THIS ILLEGAL FORECLOSURE DISPUTE, Darla Goulla hired the MRA, Mortgage Relief Advocates to address this and RESPA VIOLATIONS BY GREETREE. Darla Goulla provided breech of Contract Violations, NOTICE OF
1. INFLATED APPRAISAL. Greentree Appraisal $70,000.00 and Williamson County Fair Market Value of home $16.700.00 This was a violation of Texas Constitution Article 16 which your home must appraise at 80% above FAIR MARKET VALUE TO QUALIFY FOR THE HOME EQUITY LOAN. The loan amount $52,500.00, therefore $16,700.00 was not enough to qualify. Notices to Green Tree provided 2012-2014. Green Tree failed to follow the Contract.
2. Texas Constitution Section 50 Article 16 stipulates the Loan Application SHALL be signed 12 days prior to CLOSING DATE. the APPLICATION and Loan DISCLOSURES WERE ALL SIGNED May 3, 1999, Greentree provided proper notice 2012-2014 Green Tree failed to properly correct this matter.
3. Texas Constitution Section 50 Article 16 stipulates THE LOAN ORIGINATION FEES SHALL NOT EXCEED 3% OF THE LOAN AMOUNT. The Loan Origination fees are 7% exceeding the amount permitted by 4% Green Tree was provided notice 2012-2014 and AGAIN failed to properly correct this matter.
4. Green Tree has been NOTIFIED NUMEROUS TIMES ABOUT THEIR FAILURE TO
a) Correct VIOLATION DETAILED IN 1-3 ABOVE
b) Correct Violation of RESPA,
c) CFPB IN VIOLATION OF ENFORCEMENT OF CONCENT ORDER APRIL 2015
d) GREEN TREE IN VIOLATION AND PROVIDED NOTIFICATION OF VIOLATION OF STIPULATED CONCENT ORDER ENTERED WITH FTC, CFPB GREEN TREE APRIL 2015.
e) Green Tree committed fraud from the start.
5. MAY 3, 1999 THE NOTE
MAY 7, 1999 IS THE DATE ON THE NOTE?
6. Michael and Darla Goulla signed a agreement to pay THE PRINCIPAL OF 52,500.00
7. Michael and Darla Goulla signed a agreement to pay THE INTEREST OF 52,500.00.
DARLA AND Michael Goulla did not agree to #8
Securitized Note SEE LETTER FROM WELLS FARGO
8. Explanation of Securitization ww Introduction Securitization takes a commonplace, mundane transaction and makes very strange things happen. This explanation will show that, in the case of a securitized mortgage note, there is no party who has the lawful right to enforce a foreclosure, and the payments alleged to have been in default have, w. in fact, been paid to the party to whom such …
The lender in a securitized mortgage transaction is called the “originator.” The originator sells the loan (note and mortgage) to the “securitization sponsor” (spon-sor). Upon sale or transfer, the mortgage is assigned to the sponsor and the note is endorsed to the sponsor. The sponsor’s possession of the note without assignment of
In cases where a default has been alleged, the securitized note has likely already been satisfied (not just sold and/or assigned) four or five times over. Securitization is a product of the genius of capitalism.
Securitization is the financial practice of pooling various types of contractual debt such as residential mortgages, commercial mortgages, auto loans or credit card debt obligations (or other non-debt assets which generate receivables) and selling their related cash flows to third party investors as securities, which may be described as bonds, pass-through securities, or collateralized debt ...
Agreed to #6 and #7 ONLY
9. MICHAEL AND DARLA GOULLA WERE NOT AWARE GREENTREE ASSIGNED FULL CONVEYANCE OVER TO US BANK NA on 5/18/1999 They learned about this in 2013
10. MICHAEL AND DARLA GOULLA DID NOT SEE FINE PRINT ON DOCUMENT WHICH STATES.
11. NOTICE TO ASSIGNEE
This is a Mortgage subject to special rules under The Truth and Lending Act, Purchasers or Assignees of this Mortgage could be liable for all claims and defense with respect to the Mortgage that the Borrower assert against the Creditor.
12. Darla Goulla pointed this verbiage out to the Judge on October 24, 2016 and brings her claim in the matter before this court AGAIN ON 10/23/2016 TO BE HEARD AND RULED UPON.
13. THE NOTE REMEDIES Page 2
14. ONCE NOTICE IS GIVEN UNDER THE LAW
15. Darla Goulla has requested DUAL TRACKING INFORMATION, Darla Goulla has written The IRS FOR A 1099, NO 1099 HAS EVER BEEN RECORDED BY THE CREDITOR.
16. You (the lender) will forfeit all Principal and Interest in the event you fail to comply.
17. The Note cannot be enforced upon BREACH OF CONTRACT VIOLATIONS
18. NOTICE was given to Greentree they were not in compliance of contract 2012-2013.
19. MORTGAGE RELIEF ADVOCATES was hired to audit the loan for compliance violations, and it was reported to Michael and Darla Goulla that Green Tree did not own the loan.
20. Greentree was in violation of CERCLA and provided written notice.
21. GREEN TREE 0R GREEN TREE 2008-MH1 HAD NO STANDING OF OWNERSHIP TO ACT IN 2015 SUMMONS TO FORECLOSUE ON DARLA AND MICHAEL GOULLD HOME IN LEANDER, TEXAS.
22. An ASSIGNMENT WAS MADE BY GREEN TREE MAY 18, 1999, REMOVING GREEN TREE AND TRANSFER OF ALL RIGHTS OF OWNERSHIP TO US BANK NA.
23. Darla Goulla provides testimony that MANY Concent Orders have been COMPLETELY IGNORED BY GREEN TREE SINCE MAY 1999
24. 12/6/16 NO NOTICE OF SALE WAS RECORDED, OR GIVEN, OR POSTED AT THE COURTHOUSE PRIOR TO SALE.
25. On December 10, 2015 Michael Goulla and Darla Goulla received a Application for Order to Foreclose and Default Order by us mail. After reviewing the DEFAULT PRDER, Darla Goulla knew something was very wrong.
26. December 12, 2015 Darla Goulla went to the Williamson County District Clerk to inquire about the Notice she received by US REGULAR MAIL. Darla Goulla was provided a copy of the Mailed Copy to Darla Goulla and Michael Goulla SIGNED BY Bruce Johnson (who is affiliated with Johnson and Silver Law Firm) The firm Representing Green Tree 2008-MH1.
27. Exhibit A Attached hereto The Summons was mailed to Michael Goulla and Darla Goulla and Occupant of the Property 1400 TURBINE DRIVE RAPID CITY SD 57703.
28. Because Exhibit A was mailed to the address of Green Tree and not the correct address of Michael and Darla Goulla and Occupant of Property it was not ANSWERED.
29. The correct Mailing address for the Summons containing Application for Order of Foreclosure Michael and Darla Goulla were never served this summons.
30. After Darla Goulla made the Williamson County District Court AWARE of this ERROR, The summons was mailed to Michael Goulla and Darla Goulla at their address of 209 Baker Lane Leander, Texas 78641.
31. Exhibit B Attached hereto is a Summons containing Application for Order of Foreclosure, DEFAULT ORDER, They never corrected the Default order, Darla Goulla did not realize this till much later, she was so over whelmed with the Legal act she needed to answer.
32. Michael and Darla Goulla filled a petition of Appeal and they were still evicted from the Mobile Home OWNED BY DARLA GOULLA BECAUSE SHE DID NOT POST 33,OOO.00 Bond and filed a Indigent document.
33. Michael and Darla Goulla have invested over $100,000,00 of sash money into the Mobile Home 2009 to 2015 and this is three times THE COST OF THE BOND.
34. Randy Gool has filed contempt of court claim in which Darla Goulla offers he FRAUDULENTLY FILED A CLAIM OF OWNERSHIP TO THE MOBILE HOME AND HE HAS NO STANDING IN THE OWNERSHIP OF THE MOBILE HOME IF ITS DECIDED HE HAS ENTITLEMENT TO LAND HE STILL WOULD NOT OWN THE MOBILE HOME, Darla Goulla will provide a copy of this to the FBI AND LET THEM DETERMINE WHO HOLDS OWNERSHIP OF THE MOBILE HOME AND THE PROPERTY.
35. On July 27, 2017 Darla Goulla provided a Certified copy of a Death Certificate of Frank Krekler, Darla Goulla also cancelled Instrument numbers 199930893 and 199930894.
36. October 2017 Darla Goulla then filed a Full Reconveyance of Deed.
37. October 5, 2018 Darla Goulla filed The Warranty Deed in the Williamson County deed records. A year had passed since notice provided to the Lender and they never responded.
38. Green Tree 2008-MH1 has no recording of Business with the Secretary of State, Darla Goulla will provide certified Copies from them.
39. Wells Fargo brought this matter before the court and claims no liability or responsibility of the sale? They were not ASSIGNED UNTIL 8/30/16 Over a year after this was filled?
40. Darla Goulla FIRST ANSWER covered the Assignment matter straight to the point of no QUESTION? Filed 12/15/15, yes it was filled before she was officially served 12/18/15. Because she was made aware of it before being served, a Second answer was filed 1/14/16.
41. The entire mater boils down to this, September 6, 2016 Michael Goulla and Darla Goulla were provided written verification from CFPB they were victims of the STIPULATED CONCENT JUDGEMENT entered between Green Tree and FTC AND CFPB. Green Tree knew they held no standing in bringing Foreclosure therefore WELLS FARGO BANK NA. on behalf of Green Tree 2008-MH1.
42. #1 Michael and Darla Goulla DISPUTE/ ARGUMENT
NO PROPER SERVICE of a Summons Violation of RULE 106 (a) (2) and 736.6 in the 735 and 736 rules and regulations of a PROPER FORECLOSURE WITH PROPER NOTICE, THIS IS ALSO GROUNDS FOR A NEW TRIAL IN THE EVICTION MATTER Which has been assigned Cause #___________. Michael and Darla Goulla were not properly served 736.3 and TEXAS RULES OF PROCEDURE RULE 106 (a) (1).
43. #2 Michael and Darla Goulla DISPUTE/ ARGUMENT
Wells Fargo was not a trustee until they fraudulently filed on 8/3/16 backdating the assignment?
44. #3 Michael and Darla Goulla DISPUTE/ ARGUMENT
Green Tree 2008-MH1 DOES NOT EXIST IN TEXAS SECRETARY OF STATE RECORDS.
45. #4 Michael and Darla Goulla DISPUTE/ ARGUMENT
Johnson and Sliver provided a fraudulent statement to the Court, FRAUD UPON THE COURT. Darla Goulla Argued every point and they all ignored her.
46. #5 Michael and Darla Goulla DISPUTE/ ARGUMENT
Claiming The Company name DITECH after filling the Lawsuit.
47. #6 Michael and Darla Goulla DISPUTE/ ARGUMENT
Judge Lambert signed a Order of Foreclosure missing a NOTARY?
48. #7 Michael and Darla Goulla DISPUTE/ ARGUMENT
Darla pointed out the document claimed to be the note was Fraudulent and copied from the Williamson County Clerk office, no original document. Upon Darla Explanation to the Judge the Attorney for Johnson and Silver jerked the document out of her hand before she was finished speaking. (THE JUDGE ALLOWED THIS AND SO MUCH MORE)
49. #8 Michael and Darla Goulla DISPUTE/ ARGUMENT
Wells Fargo as Trustee on behalf of Green Tree 2008-MH1 has been verified as INDENTURE TRUSTEE, THIS IS SOMETHING NOT OUTLINED IN THE CONTRACT. THERE WAS NO MENTION OF BACKED SECURITIES AND SECIRITIZATION.
50. #9 Michael and Darla Goulla DISPUTE/ ARGUMENT
Green Tree assigned all rights unto US BANK NA on 5/18/1999. Then Green Tree accepted payments from the Goulka’s Monthly from 1999 to 2014?
51. #10 Michael and Darla Goulla DISPUTE/ ARGUMENT
US BANK HELD STANDING, POSSESSION OF THE ASSIGNMENT FROM GREENTREE 5/18/1999. NOT GREEN TREE. GREEN TREE signed all rights over to US Bank on 5/18/1999.
52. #11 Michael and Darla Goulla DISPUTE/ ARGUMENT
Wells Fargo committed fraud by any sale to Randy Gool, Wells Fargo and Green Tree have no rights to claim this property.
53. #12 Michael and Darla Goulla DISPUTE/ ARGUMENT
Locke and Lord transferred Case 17-0011-C395 Lawsuit filed by Darla Goulla 1/3/17 (was supposed to stay a sale if one occurred) to HOUSTON TEXAS FEDERAL COURT and it was never signed by Judge Larson or the Federal Court GIVING AUTHORIZATION OF ITS REMOVAL TO FEDERAL COURT.
54. #13 Michael and Darla Goulla DISPUTE/ ARGUMENT
The transfer request was on a case located in Williamson County, Locke and Lord claimed I was in Montgomery County.
55. #14 Michael and Darla Goulla DISPUTE/ ARGUMENT
A hearing was set by Darla Goulla for March 22, 2017, the case had not been properly assigned to the Federal Court, Locke and Lord were provided proper service of notice of this hearing in which Locke and Lord failed to appear before the court on a hearing in which was still in the Jurisdiction of Williamson County Honorable Judge Larson. Proper Notice will be submitted to the Federal Court for a Evaluation of matters Darla Goulla believes she has been violated and holds rights to a fair hearing in which every single time she makes such request she continues to be pushed aside and Randy Gool or Wells Fargo have DENIED DARLA AND MICHAEL GOULLA DUE PROCESS, THIS IS A DEMAND FOR CORRECTIONS.
56. #14 Michael and Darla Goulla DISPUTE/ ARGUMENT
Upon entry to Houston Federal Court, the JUDGE RECUSED HIMSELF.
57. #15 Michael and Darla Goulla DISPUTE/ ARGUMENT
After Darla Goulla answered the Summons served 12/18/15 she requested a hearing on February 17, 2015 because 2 months had passed and Green Tree 2008-MH1 had not set a hearing yet? Darla Goulla was told Green tree 2008-MH1 would set the hearing?
KEEP IN MIND FEBUARY 19, 2015 WHEN THIS HEARING WAS REQUESTED FRANK KREKLER WAS THE RECORDED TRUSTEE AND HAD BEEN THE ONLY RECORDED TRUSTEE.
58. #16 Michael and Darla Goulla DISPUTE/ ARGUMENT
July 3, 2015 Green Tree (NOT GREEN TREE 2008-MH1) MAILED A CORESPONDENCE as a result of a Complaint filed by Darla Goulla in reference to Green Tree REPORTING to EQUIFAX 0n 6/22/15 the following information:
Name of Entity GREEN TREE P.O. Box 6172Rapid City, SD. 57709 Balance: 34,002.00
Status COLLECTION ACCOUNT, CONVENTIONAL LOAN Date Opened May 1, 1999
THE NAME OF THE ENTITY REPORTING TO THE CREDIT BUREAU ON 6/22/15 TWO MONTHS BEFORE THE APPLICATION FOR ORDER OF FORECLOSURE Green Tree was using the name Green Tree, therefore Darla Goulla demands a explanation of the use of Green Tree 2008-MH1, Darla Goulla offers that Green Tree 2008-MH1 Held NO STANDING THEN, OR AFTER THE MATTER. UPON DITECH RECEND FILING OF BANKRUPSY THEY PROVIDED ALL NAMES OF ENTITYS USED, GREEN TREE 2008-MH1 IS NOT ONE OF THE NAMES GREEN TREE USED TO DO BUISNESS OF ANY KIND WITH MICHAEL AND DARLA GOULLA. GREEN TREE 2008 MH1 has no standing to bring this action before ANY COURT IN THE UNITED STATES.
FURTERMORE IN REFERENCE TO THE LETTER FROM GREEN TREE ON JULY 3, 2015 Darla Goulla offers that Green Tree has failed to properly record accurate payments and added fees Sporadically through out the Goullas Account history. Darla Goulla has verified payment in which were not properly recorded and reported them to CFPB, This lead to the verification that Michael and Darla Goulla are victims of the FINIAL CONCENT AND STIPULATED JUDGEMENT WHICH GREEN TREE HAS VIOLATED.
59. #16 Michael and Darla Goulla DISPUTE/ ARGUMENT
After months passed and no word from Wells Fargo as Trustee on behalf of Greentree 2008-MH1, July 12, 2016 Johnson and Silver submitted a MOTION FOR ENTRY OF ORDER. STATIING THE FOLLOWING :
60. JULY 12. 2016 Letter from Johnson and Silver Law/ PLAINTIFF Green Tree 2008-mh1
1. On August 31, 2015 Petitioner filed an Application For Order Allowing Foreclosure (PETITIONER WAS GREEN TREE 2008-MH1 having NO STANDING). PURSUANTE TO and in Compliance with Texas Rules of Civil Procedure 735 and 736.
This is FRAUD UPON THE COURT, DARLA AND MICHAEL GOULLA WERE NOT SERVED THIS AUGUST 31, 2015 NOTICE, ITS BEEN PROVIDED AND DISPUTED AND NONE OF THE JUDGES ARE LISTENING TO DARLA GOULLA TESTIMONY.
2. PURSUANTE TO and in Compliance with Texas Rules of Civil Procedure 735 and 736 the clerk of the court served a citation on each Respondent and The Occupant of the Property on 12/15/15
Rules for 735 instructions indicate FOR A EXPEDITED ORDER, NO NOTION FOR EXPIDITED ORDER
(a) A citation for expedited foreclosure may be served in the manner provided by Rule 106 or 736, Texas Rules of Civil Procedure. Following the filing of a response to an application for an expedited foreclosure proceeding under Rule 736.5, Texas Rules of Civil Procedure, a court may, in the courts discretion, conduct a hearing to determine whether to order mediation.
Johnson and Silver FAILED TO REQUEST A EXPEDITED ORDER FOR FORECLOSURE. Darla Goulla filled several answers, one before she was ever served, Darla Goulla DISPUTED THIS AND ENTERED A MOTION TO DISMISS ALL VALID ASSIGNMENTS WERE IN QUESTION, IN FACT ON 7/12/16 WHEN THIS MOTION FOR ENTRY OF ORDER WAS EXECUTED, THE TRUSTEE RECORDED IN THE WILLIAMSON COUNTY RECORDS WAS FRANK KREKLER, THIS IS ANOTHER POINT OF NO STANDINGWHICH GREEN TREE 2008-MH1 was not the Lender, Green Tree has been INCONSISTENT IN EVERY SINGLE MATTER.
(b) THE RETURN OF SERVICE HAS BEEN ON FILE MORE THAN 10 DAYS, as required by Texas Rules of Civil Procedure 736.7 (c) SEE definition of RULE 737.79(a) below
NON-JUDICIAL FORECLOSURES OF HOME EQUITY (“HEL”), …
https://www.county.org/TAC/media/TACMedia/Education/Event Presentation Materials/2018...
If no timely response, petitioner may file motion and proposed default order (736.7(a)) Court must grant within 30 days after the motion for default is filed if application complies and service proper (736.7(b)) Return must be on file 10 days. (736.7(c)) Petition need not appear to get an default order. (736.6-7)
Darla Goulla pleads with the COURT THAT THEY ARE EXCERCISNG FRAUD UPON THE COURT
(c) Respondents answer failed to affirmatively plead or provide adequate evidence of any of the required affirmative responses as required by Texas Rules of Civil Procedure736.5
Respondent filed hundreds of Documentation to provide evidence Green Tree had not properly credited her Account, Respondent also discovered that there were two different Account Numbers, The Account #Green Tree2008-MH1 used to Identify this claim was 88212328 in which this is not the account # assigned to the Contract dated May 3, 1999. There is also a discrepancy of dates the Contract originated, Ditech website is missing Payments paid by Darla Goulla and Michael Goulla 1999-2005. There is $46,800.00 missing from payment history on Ditech website. The Balance on Ditech Website is 34,000.00, Darla Goulla has offered testimony in which the 46.800.00 missing from payment history under Original account # 69 would leave a surplus in amount owed in this Matter.
Johnson and Silver also failed to hold a hearing after the answer was submitted by Darla Goulla.
(d) Respondent served discovery request on Petitioner, However under Texas Rules of Civil Procedure 736.4 no discovery is permitted. NO ARGUMENT IN THIS FROM THE GOULLAS.
(e) Respondent requested Temporary Restraining Order However failed to timely have a hearing. As requested by Texas Civil Rules of Procedure.
Respondents did request a hearing from the court and was denied such FEBUARY 16, 2019.
Johnson and Silver Law Firm was contacted 3 times by telephone which Respondent was told the Petitioner would set a court date. Petitioner brings fault of Respondent to the courts attention while failing to hold ASSIGNEMT STANDING, AT THE TIME OF THE EXECUTION OF THIS COMPLAINT THEY WERE NOT AND DID NOT HOLD STANDING WITH ASSIGNMENT.
(f) Respondent filed a Counter Claim against the Petitioner. Which is not allowed under Texas Rules of Procedure 736.5 Plaintiff offers no argument in respect of the law, Again requested a Hearing 2/17/16.
(g) Respondent has filed over 39 Pleadings consisting of 2,216 pages to date.
Plaintiff did provide plenty to present merit and valid claim in this matter yet in
#4 of this document a claim was made by Plaintiff Respondent failed to provide answer?
(h) Under Texas Rules of Civil Procedure 736.7 Petitioner is entitled to an Order as the Application complies with Texas Civil Rules of Procedure 736.1 and return of service has been on file with the court at least 10 days.
Respondent disputes this claim in which is explained in #! Of this document. Respondent offers that 736.1 implies a EXPEDITED APPLICATION FOR ORDER OF FORECLOSURE, PLAINTIFF FAILED TO FILE THE PROPER APPLICATION AND THE APPLICATION ON FILE HAS EXECUTED A DATE OF WITH THE FOLLOWING ARE NOT PROVEN TO THE COURT.
61.FRAUDULENT CLAIM BY PETITIONER
A) On August 31, 2015 Petitioner filed an Application For Order Allowing Foreclosure (PETITIONER WAS GREEN TREE 2008-MH1 having NO STANDING). PURSUANTE TO and in Compliance with Texas Rules of Civil Procedure 735 and 736.
B) Assignment of record on 7/12/15 was Green tree Financial and Trustee Frank Krekler
C) Green Tree standing is invalid because on May 18, 1999 Greentree Assigned all rights and ownership over to US BANK NA.
D) Green Tree 2008-MH1 HAS NO STANDING
E) WELLS FARGO BANK NA HAS NO STANDING
THIS IS BEFORE WE GET INOT THE BACKDATING OF THE ASSIGNMENT WHEN THEY REALIZED THEY HAS AN ASSIGNMENT PROBLEM, THEY MADE ANOTHER MESS OF ANY STANDING POSSIBLE TO ANY OF THEM??
62. Please read the contents of the Consent order, Darla Goulla offers that this ORDER SHALL BE EXECUTED IN THIS CURRENT MATTER, IF THIS COURT DOES NOT HOLD JURISDICTION TO ENFORCE THIS ORDER, DARLA GOULLA DEMANDS THE COURT RECUSE ITS STANDING TO ENFORCE AND TRANSFER THE MATTER INTO A HIGHER COURT WITH THE ABILITY TO ENFORE AN ORDER THAT DARLA GOULLA HOLDS RIGHTS OF ENFORCEMENT OF.
63. A copy of this entire complaint, request for Contempt Order and copies of Darla Goulla’s 2017-2018 filings have been submitted to the FTC as a complaint of NON ENFORCEMENT OF THE COURT ORDER RENDERED AND VIOLATED.
64. A copy will also be provided to the Williamson County District Attorneys Office for a review of Randy Gool execution of fraud in claiming Darla Goulla sold her mobile home to him, SHE DID NOT.
65. Darla Goulla request that the Court grant the JUDICIAL REVIEW which was requested to start with and the opposing side has kept the review from proceeding, this is a demand for due process.
66. Fraudulent Deeds
A fraudulent deed is a void deed, but action must generally be taken in order to establish that the deed is fraudulent. It does not happen automatically, merely upon allegation. Section 51.901 of the Government Code requires a county clerk to act if there is "a reasonable basis to believe in good faith that document or instrument previously filed or recorded or offered or submitted for filing or for recording is fraudulent." One way to trigger such action is for an aggrieved party to file an affidavit which includes the property's legal description, send a copy of the affidavit to the perpetrating party, and demand that the fraudulent deed be canceled. If this strategy is unsuccessful, a suit alleging fraud (both common law fraud and statutory fraud under Business & Commerce Code section 27.01) and requesting rescission and/or a declaratory judgment should be filed.
Note also that Civil Practice & Remedies Code section 12.002 provides that a person who knowingly and intentionally files a fraudulent lien or claim against real property may be held liable in civil district court for the greater of $10,000 or actual damages, exemplary damages, and recovery of attorney's fees and costs.
67. Darla Goulla will satisfy the courts requirements to establish a proper assignment was not exercised, the opposing side wants you to believe Darla Goulla has been un-successful in these attempts, for one they have not been granted, furthermore Honorable Judge Edna Staudt has reviewed this assignment process twice in her court and both times determined there were title issues and ruled in the favor of Darla Goulla. The claim of un-successful attempts by J. Hyde the attorney for Randy Gool is NONSENSE.
68. Darla Goulla is aware of another case in Williamson County this year that was granted a Judicial Review and it was reversed upon these findings, Please proceed with this request for a Judicial Review, This case should not have gotten this far, if a Judicial Review were granted we would see a change in direction. Thank you.
69. Darla Goulla filed this case almost a year ago has waited patiently for the execution of her request. Darla Goulla opposes Randy Gool request for a Summary Judgement, Darla Goulla offers that she filed this request for a Judicial Review. This is what the Court should be focused on, the other side has done everything to distract the reason this was opened and DEMANDS THE COURT TAKE NOTE THAT THE JUDICIAL REVIEW HAS NOT BEEN EXECUTED. This must occur before granting any other request from anyone.
70. Darla Goulla offers 2005 to 2017 Credit reports to show INCONSISTANT AMOUNTS OWED AND NAME OF ENTITY, Including where Green Tree was reviewing her credit history? GREEN TREE REFUSED TO RE-FINANCE AND PROVIDE LOAN MODIFICATION ASSISTANCE,
71. Darla Goulla can show this court where she tried to get a loan modification 2011 to 2014 Green Tree never came through, lots of false promises.
IN REFERENCE TO WELLS FARGO CLAIM OF TRUSTEE (HAD NO CLAIM NOT RECORDED IN DEED RECORDS IN TIMELY MANNER. THEY WERE THE INDENTURE TRUSTEE
72. An indenture trustee is appointed to act as a type of agent on behalf of the bondholders collectively. The role of an indenture trustee, however, is not subject to an ordinary trustee’s duty of undivided loyalty.
It is an agreement in the bond contract made between a bond issuer and a trustee that represents the bondholder's interests by highlighting the rules and responsibilities that each party must adhere to.
A “trust indenture” or “indenture agreement” is the governing agreement in a bond contract made between a bond issuer and a trustee that represents the bondholders’ interests by highlighting rules and responsibilities of the parties. An indenture trustee is appointed to act as a type of agent on behalf of the bondholders collectively.
73. Darla Goulla provided this as PROOF GREEN TREE 2008-MH1 Held no Standing to their Claim
E-MAIL FROM TEXAS DEPARTMENT OF BANKING
Consumer Complaints October 1, 2019
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to me
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Dear Consumer:
The Texas Department of Banking (Department) received your complaint regarding Green Tree Servicing LLC.
Mortgage Lenders/servicers in Texas such as Green Tree Servicing LLC are not regulated by the Department. Ditech Financial LLC (Ditech) is the successor to Green Tree. Note, Ditech is currently, regulated by the Texas Department of Savings and Mortgage Lending (TDSML). If you further have questions or concerns please contact the TDSML at the following:
TDSML
2601 North Lamar Blvd., Ste 201
Austin, TX 78705
Toll Free: (877) 276-5550
Web: www.sml.texas.gov
We trust that this agency will be able to address your concerns.
Consumer Assistance Specialist
Texas Department of Banking
Toll Free: (877) 276-5554
Fax: (512) 475-1313
We are responsible for investigating complaints against Texas State-Chartered Banks, Trust Companies, Foreign Bank Agencies, Money Services Businesses, Prepaid Funerals, Perpetual Care Cemeteries, and Cemetery Brokers. National banks, federal/state credit unions, federal/state savings banks, mortgage companies and finance companies are regulated by federal agencies or other state regulatory agencies.
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Darla Goulla
P.O. Box 1857
Brackettville, Texas 78832
Darla Goulla has MUCH MORE IMPORTANT TESTIMONY TO EVENTS THAT OCCURRED 1999-2019 BUT REALIZING THIS IS NOW A 12 PAGE DOCUMENT STOPPED.
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Darla Goulla
darlagoulla64@gmail.com
The following message to <customer.service@gtservicing.com> was undeliverable.
The reason for the problem:
5.1.0 - Unknown address error 550-'5.4.1 [customer.service@gtservicing.com]: Recipient address rejected: Access denied [BL2NAM02FT033.eop-nam02.prod.protection.outlook.com]'
Posted by
Cheryl Rush
on
Cheryl Rush
on
Can you please tell me where I go to become involved in the class action suit againstt Green Tree and Dietech?
Posted by
Tammy Swain
on
Tammy Swain
on
I really don't no the exact year but Green tree called me and harrased me over 10 times a day for payment even after I've talked to them they continued to make threats of putting me out ...my mother passed and they had the nerves to tell me that it wasn't their problem they force me into having to have to file bankruptcy after that came with moving truck to force me out I had to call my laywer to stop them they comtinued to harrased me force me to move and would come and get the home after a year or more I had to pay lot rent because the failed to move the home after said time
Posted by
Vicki F.
on
Vicki F.
on
I am done with DiTech, we were under a chap.13 for 4.5 yrs and harassed by DiTech daily and the house wasnt under the Chap.13.. they take mortgage payments and hold them in a "unapplied" fund on purpose to make you past due- we just discharged and tried to refinance and auto and the loan company tells me we are $1700 behind our mortgage, 2days later a letter from DiTech we are 101 days behind $3400-- and threaten with foreclosure!! are you kidding me... where are my mortgage payments?? they tell me over the past 5 years I missed payments and when the audited it comes up 101 days behind, mmm don't think so - and where are the statements- oh you can't send them when someone is in bankruptcy but you like to send harassment letters...our mortgage was sold 3 times, we didnt ask for this company and I want out from them, how --get a lawyer?? how do you get in on a class action against them, anyone in Illinois have one open???
Posted by
Don McCarty Jr
on
Don McCarty Jr
on
our home (double wide mobile) should have been paid of in 2016. ditech came back and stated we owed over $7500 . we couldnt fight them because every month they were trying to take our home through replevin. here it is 2019 and about ready to pay off our home finally and they went into chapter 11 and and changed our account and are now saying we owe them $8500 now under this new account. they have mis applied our payments, reported to credit unions that we are over 240 days behind in our payments and are living heck to work or to talk too. even tho we have our receipts for payments sent because we used money orders, because we didnt want them in our bank account. we are asking for help in defamation, credit reorting , debt collection, mortgage, predatory lendinf help against them in a lawsuit. we have filed complaints through consumer protection but ditech does not follow their own agreements.
Posted by
Bruce reap
on
Bruce reap
on
DITECH was forcing us into foreclosure with a loan modification, that i did not sign, they held my money in a suspense account and turned it over to KML law group which are no better, i had to keep paying there attorney fees, my payments were there. Thy e attorney informed us that we would receive a reinstatement letter and never did, we called Ditech and asked for a statement. They told us they dont send out a letter. Saying that my mortgage was reinstated. I dont want to take there word for it. I want it in writing, they finally put my 7 months of mortgage payments to my acct on 1/29/19. I spoke to several people who got scammed my that loan modification, the one person is not going to pay off her house until she is 95yrs old. All Ditech mortgage is are a bunch of customer service people sitting in a cubical. One of the 4 people my husband talked to today did not speak very good english and was more interested in wantrd to know if ww would like automatic calls sent to the phone number. You have to decline them or they will call you a 100 times a day. I want in on this lawsuit, with greentree and Ditech
Posted by
Donna R Hayes
on
Donna R Hayes
on
They forced me into a bankruptcy completed last year and I still do not have the title to my home. The harrassing phone calls and threats were more than anyone could take and I paid an extra 12.00 a mth for years making my payment over the phone. I want to know what is going on with this law suit please any info appriciated,.
Posted by
Hilda
on
Hilda
on
Green Tree is the worst ever. Calling at all hours. They came to my house demanding payment, when it was already given. We lost our house they would not do a modification to our loan.
Posted by
kim bishop melo
on
kim bishop melo
on
I have a mortgage with green tree, now known as Ditech. They would not give me a loan modification and I ended up going into chapter 13 because of it to save my home.
Posted by
Stephanie Whitmore
on
Stephanie Whitmore
on
How can you miss a payment if your house is paid off.....I got a lawyer
Posted by
Steven Haddock
on
Steven Haddock
on
When bank of America sold its loans to green tree I wasn't even a month behind on my payments at the most 20 days late I would receive 10 calls a day by different reps harassing me and they would call my wife at work and threaten her with foreclosure. We where under bankruptcy protection. Everyone was rude unless when agreed to pay when they called.
Posted by
Linda johnson
on
Linda johnson
on
I have a loan fin thought green fin they call me all the time I had this loan 25 years
Posted by
Marion
on
Marion
on
Green Tree used to call me and my husband 22 times a day each I had to go to an attorney to get them to stop calling. they are very rude people. I also have a police report against them, they tried breaking into my half of double to protect there interests in the property, police will arrest anyone on site, Now it is Ditech, they send someone every 3 days to take pictures of my house,they are not any better. I send my payments western Union Money Gram they get it in 10 minutes but they call anyway.
Posted by
Felicia Bownes
on
Felicia Bownes
on
Green tree increased my payments. Then the customers service representative was very rude and smart. Eventually, they said I owed a lot of money after I just sent a large amount. I couldn't pay what they wanted and repo was placed that weekend, leaving me and my four children homeless .
Posted by
betty james
on
betty james
on
Green tree DITECH OR WHAT EVER THE NAME SAID I HAVEN'T MADE A PAYMENT IN 2 YEARS AFTER I GOT MY HOME IN 1996 AND TURN AROUND AND SAID I MISS 4 PAYMENT IT'S ALL LIES MY DATE TO PAY THE HOUSE OFF IS 2025 THEY SAID 2027 BECAUSE I MISS 2 YEARS OF NONE PAY AND 4 MONTHS OF NONE PAYMENT WOW AND YOU WOULD THINK THEY WOULD LET ME STILL BE IN THIS HOME after all that where did all my payment went ?
Posted by
Ricky Webb
on
Ricky Webb
on
Green Tree increased my payments from 441.22 to 740.00. which made it impossible for me to continue making the payments especially after loosing my job of nearly 16 years. There were even times when they demanded that I pay $801.00 and $901.00 for the month. In 2005 I had an opportunity to sell part of the 11.5 acres that I had to pay $55,000.00 on my mortgage. They refused to release the deed unless I paid the entire note off or refinanced. This company foreclosed on all my property in July of 2015 and said I would have to pay $84,000.00 but have only the house and 3.3 acres listed for sale in the amount of $25,000.00. I have had this note with them since November of 1999. There have been many harassing phone calls and even had my Trac-fone minutes ran out with the run around transfer game they play. They have even called many members of my family in regards to my account. They even researched my niece's cell number because she was listed as a beneficiary on the insurance policy. There have also been many calls to my previous employer after being asked not to call there. My email address is listed so if I have any recourse options in getting my property back please contact me there soon,thank you.
Posted by
Jeff Daniels
on
Jeff Daniels
on
I got tossed into the GT circus after BOA decided that they did not want those loans. I never missed a payment EVER!!!!!! GT immediately started calling and harassing me to no end. From 0700 to 1000 all day. They claimed that I was 3 months behind. Bullcrap! This went on for years. I was probably very close to losing my house when I finally contacted an attorney. We negotiated for a refi thru GT. I was supposed to get my payments reduced from 1100.00 dollars per month to 800.00 per month. That was a little over a year ago. That has never happened. They keep claiming my extra payments are going towards catching up my escrow. Even before the refi, I used to pay extra for money towards my principal. I guess all that money disappeared. Before the refi, I used to pay all of my own insurance and taxes too. Now they demand that I pay them. I have all the records to show everything. Is there anyone out there who can help me? JD
