As such, it captured over 25 percent of that business by 1993. While dealing with them. A structured process drawing out and defining with you what your vision is of your future. GREEN TREE, Pa. . I am a victum of this bad service and been robbed right out of my bank account and experienced more illegal acts up until this day. The endless calls at all times of day and night being that sick, and I am making a long story very short. ORDER: Sever the trial to foreclosure non jury trial and counter claim, jury trial. Adherence to the rule is mandatory. After a few weeks they turned our account over to someone else and the same cycle. Recent filings for GREEN TREE FINANCIAL SERVICES CORPORATION 22 Nov 2010 Business Profile for Green Tree Financial Corporation. Thus, because Conseco received a large compensatory award in this case-$3.5 million-in the "absence of extremely reprehensible conduct against the plaintiff or some special circumstance" the large exemplary award cannot stand unmodified. We remand this case to the district court for entry of an amended judgment consistent with this opinion. Such an objection7 is simply not sufficient to preserve, and certainly cannot be read to encompass, the legal theories underlying North American's Rule 50(b) motion and this appeal (submissibility of the claim). Powers. Allegheny County police said the shooting happened in the parking lot of the Unity. North American moved for summary judgment, and the district court granted North American's motion as to misappropriation of customer lists and certain financial information. Who do I need to contact to get additional info about this claim? Therefore, Conseco established a proper misappropriation claim with regards to these fourteen loan files. Told us to get out immediately they were so hateful would not help in any way at all. It purchased Lincoln Income Life Insurance Co. and Bankers National Life Insurance Co. for $32 million and $118 million, respectively. 2d 809 (1996). North American sought this information in an attempt to pursue Conseco's loan customers and business leads. Greentree Financial Group's phone number is (954) 424-2345 What is Greentree Financial Group's official website? Webb Agency, Inc. v. Commercial Standard Ins. For its first assignment of error, North American directs our attention to Conseco's unfair competition claim that is founded on North American's alleged misuse of Conseco's trade secrets.5 North American argues that the district court erred in its initial decision to submit this claim to the jury and then in its subsequent declination to grant a judgment as a matter of law. Yeah, I almost deserve this. The first, Kevin Kattleman, a former area manager in its O'Fallon, Illinois, office, testified that fourteen customer loan files from Conseco were in his possession after he began to work for North American. In our review of the punitive damages award, the Supreme Court instructs us to consider three guideposts: (1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases.11 Gore, 517 U.S. at 575, 116 S. Ct. 1589 (1996). Im to the point now where I am contacting my own attorney in order to resolve everything. They were scamming the homeowner and the workers. Tell how to get I. Yet my accounting paperwork they sent says HMP mid-capitalized..My note has no bank endorsements, my assignment is missing my name and has stamped robo signed for Mers supposed employee and notary which is not legal..Notarys have to have original signatures. Mortgage service providers take advantage of borrowers and no one cares much to help us and monitor the bad lenders. I have bank statements proving money was taken out and cashed to them and mortgage statements proving the money was never applied to my loan. We will not set aside the jury verdict unless there is a complete absence of probative facts to support the verdict. We were victims of Greentree. They featured a nefarious loan officer, played by actor Ron Michaelson, repeating the catchphrase "Lost another loan to Ditech" written by writer, producer and director Ken Roberts, who created the Ditech television and radio commercials from 1995 to 2007. I lost my home to green tree mortgage in 2010. I did file with CFPB and the FTC and I got a check for $10.00 after I lost my house I am still setting in my driveway living in my RV. After the jury returned a verdict against North American on each of the claims, North American filed several post-trial motions, primarily relating to the damage awards. All rights reserved. I was diagnosed with breast cancer and just asked for a little guidance from them. A comprehensive . It is apparent that North American developed the theory raised in their Rule 50(b) motion only after the jury's verdict because it (1) failed to object to the general-verdict form, (2) offered no jury instructions explaining Missouri's difficult proof standard for lost profits, and (3) made no substantive objection to the damage instruction. Walter Investment Management Corp. acquired Green Tree in 2011, and in August 2015, Green Tree Servicing and Ditech Mortgage Corp. linked up to create Ditech Financial LLC, also owned by Walter. North American senior manager, Ken Keeler, provided rebuttal expert testimony, stating that the average-net profit on a loan was $2,100.4 Carrie Hiatt, a North American witness, further testified that approximately ten percent of certain Conseco leads resulted in funded loans. I called them just yesterday and was directed straight to their collections department instead of customer service. Required fields are marked *. Then again on October 2016 another payment made but not applied. The Catholic Church was going to try to help me pay for part of my Mobile Home Space Rent. "Green. On August 31, 2015, Green Tree Servicing became ditech, a Walter company. We paid until 2018 July. Both motions were denied by the district court, and the case was submitted to the jury on Conseco's claims of unfair competition and tortious interference. This provision of the Act provides a safety valve for a party to an arbitration agreement who does not consent to the other party's choice of arbitrator. By the end of August, Green Tree will be no more. You're all set! The PAUSE Program also lists entities that impersonate genuine U.S. registered securities firms as well as fictitious regulators, governmental agencies, or international organizations. Sigh. . However, the jury (and the district court) rejected this theory, opting for an alternative explanation-North American's desire to expand into the subprime market, at any cost.14 North American has not shown that the jury's assessment of the facts was unreasonable. GT was calling me day and night telling me I was short on my escrow account. We tried to refinance with another company and they caused problems with that and we ended with not being able to do that. I paid my home off in December 2020. Just plain NASTY! Did GT pay off CFPB? At the close of the evidence, North American sought judgment as a matter of law arguing that the there was no causal connection between the alleged wrongdoing and the damages. Rapid Growth: Mid-1980s Through the Early 1990s Satisfied with its recipe for acquiring and improving insurance companies, Conseco stepped up its acquisition efforts in 1986. Showing You A Faster Way Home Get Pre-Qualified Now Complete a Full Application Understand your credit report and score Loan interest and fee Monthly payment structure Answer tax related questions How you can save on taxes and take advantage of deductions and returns Manage your debt better Then they said it was for their insurance which we won in court that we carried our own insurance, then they auctioned our home off a paid off home we list our home and no one will get back with me on what to do it has been a little over 4 years now. Personally the FTC is probably a scam too. I have been a Victim of Greentrees theft since January 2014 when I made a payment on my mortgage but it wasnt applied to my loan. I pissed when I want as no man woman or child will ever decide when I piss but that is inhumane. Whether you are interested in a new home, remodeling or refinancing your current home, or consolidating your credit card debt, we will work with you to create a customized solution for your goals. Order Online. 1996). The parties proceeded to a trial on the merits for these issues. No doubt the language of State Farm, in which the Supreme Court suggests that "four times the amount of compensatory damages might be close to the line of constitutional impropriety," is the foundation for North American's allegation of constitutional error. Additionally, the company supposedly charged customers $12 for its pay-by-phone service and pressured borrowers into using it to ensure their payments were received on time. Am., 408 F.2d 500, 503 (8th Cir. But I got rid of them. He would lie to my husband and ask why I wouldnt speak to him. Will be contacting legal specializing in mortgages tomorrow. And, one of North American's senior managers, Carrie Hiatt, knowingly authorized Rick Lasek to work in North American's Des Moines office while Lasek was still employed by Conseco, There was evidence of wrongdoing in several North American locations including: St. Louis, Missouri; Collinsville, Illinois; Springfield, Illinois; Wichita, Kansas; Davenport, Iowa; Colorado Springs, Colorado; and Overland Park, Kansas, North American's senior manager in charge of the company's expansion into the subprime market, Ken Keeler, received compensation based on loan production. Apparently homeowners with prior foreclosure relief plans had their mortgages transferred to the company where they were not maintained, and instead asked that borrowers make their original, higher monthly payments. Every time I made my payments just about all of my payment was going in to the interest fees, instead of paying down on the principal. I cant get in touch with anyone to get it off. Lawsuit, Mortgage with GreenTree/Conseco/Ditech/New Rez-ShellPoint since 1995. I lost a home to greentree then ditech, these people hired a company to come in and change the locks on my propertystole many belongings, sent list photos to ditech, company says theres no proof of the company doing any wrong doingthen out of the blueI had a $7,000 water bill claiming water running from my house to neighbors with a dry basement.. My name is Margaret Heath my home was stolen Jan 2012 by Greentree. North American next argues that, even if the loan files and lead sheets are considered trade secrets, Conseco still "did not make a submissible case of either the fact of damages or the amount of damages." 1994)). 4th 495 (2008), held that the test for whether stipulated damages constitute an unenforceable penalty or an enforceable liquidated damages provision centers on whether the damages were a reasonable anticipation of harm caused by breach of the settlement . Upon arriving at North American, Bristol gave these names and numbers to loan originators as leads, who contacted these former Conseco customers. Show Transcript. The companys short sale department was also frequently unreachable and unresponsive, and it often took two to six months to receive a response to short sale requests. Working with you to see the big picture, tailoring advice driven by your priorities that can the n be addressed through a structured and consistent plan. He was the utmost rude one. I bought my mobile home Like in 1995 and I was kicked out of my mobile home Like in 2015. After considering Conseco Finance Servicing Corporation's (Conseco's)1 unfair competition and tortious interference claims against North American Mortgage Company (North American), a jury returned a verdict against North American on each of the claims and awarded Conseco $3.5 million in actual damages and $18 million in punitive damages. Green Tree Financial provide information about financial solutions so you can make choices that are right and affordable for you. North American argued in its Rule 50(a) motion (styled "Motion for Directed Verdict") that Conseco "failed to offer sufficient proof that it sustained damages that were proximately caused by [North American's] use or misappropriation of trade secret documents." In viewing this evidence in the light most favorable to the verdict, we hold there is ample evidence supporting each element of an unfair competition claim. Greentree has done everything than can think of to get my home. In May 2014, Ditech announced its re-entry to the national housing market after it disappeared from the marketplace for five years during the subprime mortgage crisis in the late 2000s. Its unclear how much compensation each borrower will receive, but victims who receive money from this enforcement action can also pursue their own individual claims against the company. Said she could only change excess payments for past 3 months. I paid extra on my home every month until I got hurt on the job. I was evicted and thrown out of my Mobile, in the pouring down rain! To whom do I make my complaint? In short, we see sufficient evidence that North American misused Conseco's trade secrets to justify the submission of the unfair competition claim and the tortious interference claim to the jury. [15] I let the property go into foreclosurethey received less than what I paid for it. If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. Therefore, Conseco established a second misappropriation claim in regard to those specific loan files copied by Podner just prior to his resignation from Conseco. Conseco appealed the district court's denial of injunctive relief as to its "raiding" claim. How do I find out if they did us wrong. But because of there high interest fees. You already receive all suggested Justia Opinion Summary Newsletters. We got the $ to catch up which wasnt much like one payment and they refused to take the money. This company or like vultures and dont care whom they may devour. Initially, we must determine whether Conseco's lead sheets and the information contained in its customer files constitute trade secrets under the Missouri Uniform Trade Secrets Act. Zachar, 363 F.3d at 74 (quoting Davignon v. Clemmey, 322 F.3d 1, 13 (1st Cir. But that wasn't enough to put the company's troubles behind it. Can someone please help me!!! Further, because the common law and the statutory elements of the claim remain the same, any resulting error would likely be harmless. Sincerely. I think the government allows this because it is still happening I am a single mother of five I lost a child to because of this mortgage company my only son I am still homeless I lost my reputation because of them they are the lowest scum on this earth to do this to all of these honest home owners they will never know the word or term honest I wish they would go threw what I am going threw they would not make it nothing but ugly ignorant people Im so disappointed if the government cant control them maybe there should be other ways to solve this problem I have not got help from them all this rental assistance is also family helps just family and friends I really need help who can help me Ive about lost it. Auto. I contacted supervisor who assured me he would check into it. Please help! I feel I was ripped off became homeless because of Green Tree. Not stressful at all. 1998). 1998). Walsh, 332 F.3d at 1159; LeSueur Creamery, Inc. v. Haskon, Inc., 660 F.2d 342, 346 n. 7 (8th Cir. It specializes in "servicing" (debt-collecting) subprime residential mortgages. We have been a victim of Green Tree / Ditech / Shellpoint abuse and excessive charge of fees. Accordingly, North American concludes that there was insufficient evidence, absent proof of net profit, for any submissible cause of action to survive and requests that we overturn the jury verdict as a matter of law and enter judgment in North American's favor. How can this be??? Witnesses for both parties testified that the information contained in these files was recognized by all Conseco employees as confidential, and therefore not to be disclosed. Walsh, 332 F.3d at 1158 (quoting Cruz v. Local Union No. P. 50(a) (2). My loan started out at 48,000 on my double wide, paid on it for about 16 years and now owe 67,000 on it. After several months I was told I wasnt making the right payment and I owed them almost $5000.00 And unless I paid this wthin 2 weeks They were forcloseing on my home, So I borrowred the money and paid them I dont have any idea how I am going to pay this back. I refinanced with an actual bank since 2016 and I have no problems. This handbook states that "non-public information about customers, dealers, and others is strictly confidential.". Please put our name on a Class Action Suit. They settled for $5500 (BOA paid $3k and my Seller paid $2500) and Greentree WAIVED THEIR DEFFICIENCY RIGHTS!!! Youll be paying these peoples to your Death. Ive been trying to get a short sale with Greentree since May of 2014. Now they want over $9,000 from me for some reason. 966, 968 (E.D. Sanchez, 37 F.3d at 723. At the preliminary hearing, Bristol testified that he and the other Conseco employees were put on the payroll of North American on June 30, 2000, for "benefits purposes," and that they did not work for both companies at the same time. Who do we talk to about a lawsuit? I am pretty sure this will never get taken care of after reading all the comments. I Totally agree with you, Ditech is a dirty mortgage company and they need to take in consideration that this person is making money off of the people that is making purchases and they tell Constantly that they are going to foreclose on your home I believe the federal government needs to step in on them and make them pay everyone back the money that they have ripped off of people, I purchased a mobile home through Green tree which is now ditech , and the mobile home was $38,000 and my down payment I put down was $3,800 and I financed $26,200 from dad tack which was green tree and I have paid over $120,000 and theyre still saying I still owe over $4000 and Im $4000 behind on payments and they are ripping me off big town on a $30,000 mobile home and I needed all accountable statements payments and they will not send them to me also theyre trying to say there was never any taxes paid on the mobile home and I have the proof and theyre also stating I had no homeowners insurance which I have proof this is a very dirty company and I do believe someone needs to look in to this they are ripping people off left and right. I am still trying to get the documents from current mortgage service provider and having hard time. Truman Lewis Reporter. At both the close of Conseco's case and the close of all of the evidence, North American filed motions for directed verdict, which were argued before the court. None of the contact #s I have called do not make contact with any Green Tree, Ditech or Shellpoint. In response, Conseco sent a copy of Mambretti's letter to North American with a request that North American "cease and desist" from taking and using information contained in Conseco's loan files. See Fed. This corporate entity was filed approximately forty-six years ago on Monday, June 13, 1977 as recorded in documents filed with Texas Secretary of State. They threatened foreclosure even though I was paying the the girl said, Do you want me to take your house? Some of these former employees also expressed concern about Conseco's overall future financial performance. [21], On September 11, 2001, in the U.S., a Ditech commercial was airing on the CNN television channel when it was interrupted for an announcement that a plane had struck one of Twin Towers of the World Trade Center in New York City. I asked for a payoff amount and they refused to give it. (Jul-23-03) [PIONEER PRESS] Who is pocketing these payments??? What is Ditech Financial phone number? Bank of America really cost me a lot of money for their role in this sale to an unscrupulous company. We do, however, make this procedural observation-North American failed to raise the issue of submissibility of the tortious interference claim in its directed verdict motion either at the close of Conseco's case or at the close of all evidence. I just cant imagine how the Goverment will let Greentree stay in business or how the people that work there look in the mirror knowing how many people they have hurt . Podner further testified that in his line of work, it was very common to help new loan originators in this manner, as it is much easier to generate new business with customers who have previously conducted business with Conseco. As far as concerns the Lackey plaintiffs, what happened in arbitration is less clear. We reverse and remand with directions to the trial court to enter judgment in the amount specified in the settlement agreement, plus postjudgment interest and costs. Galdieri-Ambrosini, 136 F.3d at 287. 2003). Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. We paid our home off but greentree said we owed another $17,000. Any normal good company with a major bank documentation would understand or have a solution. Greentree's escape came after her captor forced the young surfer to call home and demand money in exchange for her freedom. [19], Ditech is well known for television commercials that aired during the 2000s. The rep became short with me. Fortunately, authorities were able to track the location of the call and . With no place to go and my car was impounded, because my car broke down in a spot, at the mobile home park. Green Tree was so bad I filed complaint with the Department of Business Oversight in California. My husband passed away in August 2018 and Im burdened down with this horrible situation. North American argues that the award is based solely on its net worth and is so excessive that it violates due process. [7][17] The company will no longer provide nonprime mortgages. 1984). The 7am phone calls, they keep threatening me and my family. This instant case involves thousands of customers-located throughout the country-who were identified through a complex computer system. [3], In 2005, DiTech was organized as a business unit of Residential Capital, LLC (often referred to as "ResCap"), which controlled mortgage-related subsidiaries owned by General Motors Corporation. I would like to have my house back. In order to avoid this constitutional infirmity, the punitive damages award must be remitted to $7 million, an amount that is sufficiently punitive, but that does not violate notions of fundamental fairness. In fact, Green Tree's parent company, Walter Investment Management Corp. (WAC), is merging Green Tree with another of Walter Investment's well-known subsidiaries, Ditech Mortgage Corp, to form a new company, ditech, a Walter . I had a modification done with Bank Of America. The factors to be considered include "the degree of malice or outrageousness of the defendant's conduct, aggravating and mitigating circumstances, the defendant's financial status, the character of both parties, the injury suffered, the defendant's standing or intelligence, and the relationship between the two parties." Rule 50(a) requires that challenges to the sufficiency of the evidence must be raised initially at the close of the evidence. Does anyone know who to call for me to claim my refund? In order to recover damages for unfair competition, Conseco was required to prove 1) the existence of a trade secret, 2) the communication of the trade secret to another, while that former employee was in a position of trust and confidence with Conseco, and 3) the use of the trade secret that damaged Conseco. Youre in pure hell anyways dealing with all the headaches and harassment they give you!!! 7410 S Roosevelt St Ste. North American competes for individuals in the same market. Both Greentree and Ditech are thugs. In 2013 we fell on hard times. Conseco counters that while some of the information within these lead sheets can be harvested from these two sources, its proprietary computer program provides a unique depth of information that cannot be obtained from alternative sources and its loan files contain confidential customer information. Since Ditech filed bankruptcy, I wonder if my money even exists any longer. [9][10], In February 2010, GMAC relocated ditech.com offices from Costa Mesa to Fort Washington, PA.[11] In May 2010, GMAC changed its name to Ally Financial. Ins. at 416-417, 123 S. Ct. 1513 (2003). Greed tree was billing me for the convenience fees to which I refused to pay so several times per day they would call and harass me for the convenience fees. Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and SMITH, Circuit Judges. Visit the following to file claim or get information about filing claims etc: you need to exercise patience as the telephone numbers doesnt seem to work. Who do I contact to file lawsuit and get justice and prove damages? 417.453(4) (1995). Conseco's mortgage service division originates residential loans for individuals in the "subprime" lending market, e.g. Have ALL original documents. Florida Office R. Chris Cottone Greentree Financial Group, Inc. 1000 S. Pine Island Road, Suite 210 Plantation, FL 33324 Rockport Pharm., Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 197-98 (8th Cir. If anyone has a working Phone # or email address I can use to address my Title issue, please let me know . I have a mortgage with Ditech (prev Greentree). Hi my name is Megan & Im in a bad way with this company fixing to loose my home of 15 years that is suppose to already be paid off have no way to financially fight them cuz everything has went into trying to keep my home. of Mo., Inc., 162 F.3d 991, 998 (8th Cir. Bristol testified that he believed between one to six of these leads resulted in new business for North American. Then the next month BOA sold my loan to GreenTree. CitiFinancial exited the servicing business in 2017.
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