However, North American neither returned the stolen information nor discouraged its employees' use of Conseco's loan files and lead sheets. Ditech. Nine years this has been going on for me ..suffering years even though I won three years ago still waiting for my damages. Have been layering and looking for help. After 2 years of accepting the calls. All the previous comments about them (green tree) are so accurate (ditech) as well the crazy hour calls, the threats of throwing me out of my house. 2d 809 (1996). Lyn-Flex West, Inc. v. Dieckhaus, 24 S.W.3d 693, 697-698 (Mo.App.1999). Conseco, in its "First Amended Complaint," added two additional counts-participation in breach of fiduciary duty, and a separate count for injunctive relief. 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. However, these were not the "specific grounds" on which North American argued below. Ruby M Eisenring 321-333-2271, We refinance our home with Greentree which eventually transferred to Ditech. Financed through Greentree in 1995 then went to ditech then shellpoint aka new rez llc even more shady. I had to call them while working and my coworkers heard then yelling & threatening me if I was late. On November 7, 2008, Security Pacific Bank, Los Angeles, CA was closed by the California Department of Financial Institutions and the Federal Deposit Insurance Corporation (FDIC) was named Receiver. Ive been trying to get a short sale with Greentree since May of 2014. 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.. Related documents Order Complaint FTC Press Release Press release He would lie to my husband and ask why I wouldnt speak to him. Missouri law places no limit on punitive awards, but requires that "when punitive damages are awarded by a jury, both the trial court and the appellate court review the award to ensure that it is not an abuse of discretion." We paid one and half year extra. I understand what the FTC and CFPB are talking about with this them. [7][17] The company will no longer provide nonprime mortgages. At Greentree Financial we offer our clients comprehensive financial planning. Allegheny County police said the shooting happened in the parking lot of the Unity. Anyone have a number I can call. Find locations. Havent paid them in over 2 years. I was used and abused by greentree ditech until January 30, 2018 when I refinanced and went with another provider all together! Conseco's financial analysts estimated that Conseco suffered compensatory damages of between $3.5 million and $3.9 million. 1984). 2d 585 (2003) (quoting Gore, 517 U.S. at 575, 116 S. Ct. 1589). Susan, If u would look at the back of your billing statements, it will tell you where to file your complaint. All we got was harassing calls all day long and at my husbands job. The jury's $3.5 million compensatory award was issued by general verdict, after the jury returned verdicts for Conseco on two claims, unfair competition and tortious interference. Indeed, the conduct involved repeated actions in multiple offices.13 North American's actions also involved trickery and deceit, and an utter disregard for Conseco and-even more heinously-the privacy of its customers. Id. .We never recieved a Hamp..They did the old bait and switch on us..We ended up with a streamline modification with $23,000 tacked onto a 40 yr loan..What a joke! Conseco also filed a motion for a temporary restraining order prohibiting certain North American employees from taking, using, or disclosing documents from Conseco's loan files, and to return any information taken from Conseco's files. At Greentree, we make the loan process frustration and hassle-free. In mid-2022, Ditech posted a notice regarding distribution of any unclaimed borrower funds remaining in the Ditech estate. 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. North American competes for individuals in the same market. Conseco Fin. .help? This corporate entity was filed approximately forty-seven years ago on Friday, January 16, 1976 , according to public records filed with California Secretary of State. Had to go chapter 13 to stop all the harassing calls , one guy told me to pay up or get my out of my Mobile home. Therefore we begin by noting that the district court gave correct and distinct instructions relating the purpose and standard for punitive damages, and turn our focus to the reprehensibility of North American's conduct. 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. I had a Making Home Affordable Plan and had many problems with them. R. Civ. These loan files included personal financial statements of Conseco customers, loan applications, appraisals, income calculation worksheets, W-2 forms, payroll information of Conseco customers, income calculation worksheets, tax returns, and bank statements of Conseco customers. We will leave the question of whether tortious interference remains an independent claim to another court and another day. Now, i cant get in touch with anyone to get my balance? However, because of the significant variance between the large actual damage award and the resulting punitive award, we must consider the nature of North American's conduct and the harm suffered solely by Conseco. Who do I need to contact to get additional info about this claim? My payments went back up to what they were before the nodification. CitiMortgage, Inc. or Citicorp Home Mortgage Services, Inc. are successors in interest to CitiFinancial Servicing and the below named companies through acquisitions, mergers or name changes and no longer has any security interest as lienholder. thank you Jill Hardwick. 1971) (stating that it is "generally held that an agent's malice is imputable to the corporation making the latter liable for malicious, willful or criminal torts of its agents or employees within the scope of their employment"). They tried to triple my mortgage payment when I paid what my mortgage payment actually was and had been for long time. I got mad, I never refinance my mortgage. 1994), aff'd in relevant part, 82 F.3d 785 (8th Cir. I need someone to get in contact with me any time after 4 pm to see if you can help me get the title. Once we would find someone to help us modify, they would move them to another account. [2], In May 2014, Ditech launched a co-branding and joint-venture initiative with more than 600 institutional partners that provide mortgage and refinance loans to their customers. I never received any kind of notice about a Class Action Law Suit. As stated so eloquently-and simply-by Judge Posner of our sister circuit, "punitive damages should be proportional to the wrongfulness of the defendant's actions." I was with Bank America and they turn me over to ripped off GreenTree Mortgage, and they GreenTree, up my loan to what they want, I called them and told me that they couldnt reach me, They up my APR and Loan Mortgage and said the could not get in touch with me. Who is pocketing these payments??? Today, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) ordered Green Tree Servicing to pay $48 million in borrower restitution along with a $15 million fine to the CFPBs Civil Penalty Fund. On appeal, North American questions not whether Conseco proved sufficient connection of its damages to North American's alleged wrongful conduct but whether Conseco proved it had incurred damages at all. By the end of August, Green Tree will be no more. Can someone please please please HELP me? Green Tree Servicing. Order Online. I have been terribly harassed and thousands of dollars in late fees and interest charges for the past 6 years only to get my loan transferred 2 other times to other loan companies without resolve. In 2017 did chapter 13 bankruptcy and was paying ditech through that. (1) how much will the typical victim be paid? Nice article. Indeed, Conseco had closed thirty of its 150 branch offices within the previous year. I did not know at that time that these 80/20 Countrywide loans that went to Bank of America then Greentree and Nationstar that are sister companies were playing me the whole time. I have reached out to several attorneys, but none can help with Mortgage claims. Indeed, through possession of these loan files, Conseco is in a unique position of being able to analyze its customers' specific financial needs and identify those current customers who may need additional Conseco financial services. Greentree Financial Group, Inc. | 88 followers on LinkedIn. Pursuant to the requirements of the Order, The estate is no longer able to further process the return of any unclaimed borrower funds. Your email address will not be published. I could go on and on with the difficulty we had while being a customer with this agency, it would take more space than Im allowed. I had a loan on a mobile home back in 2000 it was refinance later on but it is still listed with Greentree services listed on the title and Im trying to sell it. Ripoff Report on: Greentree Financial - Greentree financial broke the law calls in one day lugoff south carolina On appeal, the district court's determination of punitive damages is reviewed under an abuse of discretion standard. CEO Approval. Chief Judge Loken did not participate in the consideration or decision of this case, Formerly known as Green Tree Financial Servicing Corporation, Conseco also employs other strategies to generate new business including internet advertising, telemarketing campaigns, "cross-marketing" of current customers, direct mail, television, radio, and yellow page advertising, and referrals from various business associates, One of North American's own witnesses admitted that North American had improperly taken Conseco's documents and repeatedly lied about it during the discovery process, His estimate was based on an average loan size in the Midwest of $85,000, The unfair competition instruction to the jury was expressly predicated on trade secret misuse, while the tortious interference claim concerned the issue of wrongful and unjustified interference with Conseco's reasonable expectation of economic advantage or benefit. 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. I bought my mobile home Like in 1995 and I was kicked out of my mobile home Like in 2015. Calls throughout the day and weekend threatening jail time and foreclosure. The Supreme Court described the first Gore guidepost-the degree of reprehensibility of the defendant's conduct-as the most important indicium of the reasonableness of a punitive damages award. Consequently, he was employed by both companies during this two week period. .. This handbook states that "non-public information about customers, dealers, and others is strictly confidential.". They have been sued and need to be sued again. However, the district court denied North American's summary judgment motion relating to misappropriation of lead sheets, documents in Conseco's loan files, unfair competition, and tortious interference with business relations. No Company should be able to charge the high of interest fees, plus I was charged for phone transactions. North American management consented to the document duplication by its employees. We got the $ to catch up which wasnt much like one payment and they refused to take the money. They prey on people who are down on their luck with bad credit. We tried to refinance with another company and they caused problems with that and we ended with not being able to do that. Greentree is Ditech so be careful! The court, relying on Greentree Financial Group, Inc. v. Execute Sports, Inc., 163 Cal. 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. Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). I was diagnosed with breast cancer and just asked for a little guidance from them. CFN Investment Holdings will pay $700 million. I too was with BOA and while my home was in remod with BOA they dropped me & sold my loan. The district court, however, denied Conseco's remaining request for injunctive relief relating to North American's solicitation of its employees. We have been a victim of Green Tree / Ditech / Shellpoint abuse and excessive charge of fees. They settled for $5500 (BOA paid $3k and my Seller paid $2500) and Greentree WAIVED THEIR DEFFICIENCY RIGHTS!!! Lastly, the company has been ordered to provide access to quality customer service so borrowers can actually save their homes from foreclosure instead of being pushed toward an arrangement that compensates Green Tree. Can be redundant listening and scoring calls and there is alot of Grey areas when comes to scoring which can be a tead bit frustrating. 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. We are satisfied that North American's conduct was sufficiently reprehensible to support the jury's award of punitive damages. Now they are trying to steal my Personal Property from me. You can explore additional available newsletters here. Conseco produced evidence that would allow a reasonable finder of fact to conclude that there was at least a threat of misappropriation of the trade secrets contained in these fourteen files. Podner said he copied the files in order to aid an employee who wished to make the transition to loan originator. To whom should I write or should I call regarding compensation from Green Tree also known as Greed Tree. Co. v. Haslip, 499 U.S. 1, 23-24, 111 S. Ct. 1032, 113 L. Ed. 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. However, we do not consider this offense to be "comparable" in either substance or magnitude-North American's actions were widespread and affected thousands of people, most without their knowledge, and involved confidential financial records. Green Tree Financial Corporation filed as a Statement & Designation By Foreign Corporation in the State of California and is no longer active. Finally, Scott Bristol, a former area manager at Conseco's St. Charles, Missouri, office, testified that although he did not have personal knowledge that any loan originators working under him in St. Charles made copies of customer loan applications, it was possible that such copying did occur. Cash Out vs. HELOC vs. Home Equity Loan: Which Is the Best Option Right Now and Why? After a very long time, I did get approved for the loan mod, and still recvd papers saying I was kicked off this too went on for a LONG TIME! Because we have found adequate evidence of the existence of a trade secret, we need not address North American's argument. I would like to have my house back. The case involves employees leaving an agriculture supply business to join a competitor. We review the district court's denial of a motion for judgment as a matter of law de novo, applying the same standard as the district court. [6] GMAC Mortgage renamed DiTech ditech.com.[3] Reddam left the company in 2000. The present scenario is clearly distinguishable. Kattleman testified that he was uncertain as to exactly how the customer loan files came to be located in his office at North American. But I got rid of them. It always appears that I am behind in payments when I am really 2 months ahead. Now Green Tree has placed Lien on a separate Property I have already paid off. The second, Kevin Podner, a former area manager from Conseco's office in Springfield, Illinois, testified that shortly before his resignation from Conseco, he made a copy of a substantial number of loan applications on which he had worked during his time with Conseco. (2) how will we as victims be contacted about a $$ settlement? While 800-643-0202 is Green Tree Servicing's best toll-free number, there are 3 total ways to get in touch with them. I. But the company is not closing. My payment would be lower and I could get interest on my money in the bank to pay my taxes and insurance instead of the mortgage servicer holding it and making money off my escrow account. Green Tree was so bad I filed complaint with the Department of Business Oversight in California. Our online loans service can give . Who do I contact to file lawsuit and get justice and prove damages? The company emerged from Chapter 11 bankruptcy last year after completing a financial restructuring plan that eliminated $800 millio n in corporate debt and changed its name to Ditech Holding. R. Civ. Phone: Web: Category: Mortgage Companies Greentree Financial ripoff Tempe Arizona Business Rating: Rate this business Tell us has your experience with this business or person been good? We tried to short sale but after 50 days on the market Greentree offered to do a Deed in lieu based on the second mortgage releasing the lien for 10% settlement. Both encouragedays us to be 90 days delinquent. [18], Also in May 2014, Ditech announced new correspondent banking products and services including MyCommunityMortgage, FHA Program, Expanded LMPI, and Freddie Only. Was two months behind. From loan selection to approval and closing, we reduce the complexities and hassles involved in the entire process. Therefore, Conseco established a proper misappropriation claim with regards to these fourteen loan files. North American argues that the award is based solely on its net worth and is so excessive that it violates due process. Also, some employees noted that Conseco had recently placed significant restraints on its area managers' loan authority. There needs to be a class action lawsuit against these arm twisting loan sharks! Next, North American claims that because the Missouri Uniform Trade Secrets Act has replaced all common-law remedies, no tort claim is maintainable unless the information qualifies as a "trade secret" under the statute. If specificity is lacking, judgment as a matter of law may neither be granted by the district court nor upheld on appeal unless such a result is "`required to prevent manifest injustice.'" Both Greentree and Ditech are thugs. I was refused several times for a modification. We were victims of Greentree. And how does this company get away with this by changing their name constantly. Bristol also stated that he encouraged three of the loan originators working under him at Conseco to resign and come to work with him at North American. 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. [2] The brand had effectively disappeared from the marketplace for five years during the mortgage crisis, and the company decided to bring Ditech name back after determining that consumers held largely positive views of the brand. He earned a salary of $150,000 in 1999. See reviews, photos, directions, phone numbers and more for Greentree Financial locations in San Antonio, TX. I wish I new all this stuff was going with Green Tree Financial. 2003). A structured process drawing out and defining with you what your vision is of your future. Walsh, 332 F.3d at 1158. By the end of August, Green Tree will be no more. They claim they did not receive my last payment when it was paid via my banks bill pay. North American also claims that these individual indiscretions do not amount to "corporate" wrongdoing by North American. 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. Ditech Financial LLC (rebranded from ditech Mortgage and "Green Tree Servicing" in 2015) was a provider of home loan, loan servicing and refinance products to consumers and institutional partners in the U.S.[1]. Finally, we turn our attention to the punitive damage award and consider the three distinct challenges raised by North American-whether the award was (1) against the weight of the evidence, (2) in violation of due process, and (3) grossly excessive. Who, what when and where to I file a claim with the CFPB? If North American's net-profit theory had been conceived prior to trial, it would-and should-have asked for such an instruction. Id. 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. CitiFinancial exited the servicing business in 2017. It makes me so D MAD. The parties proceeded to a trial on the merits for these issues. It is important to note that this is a foreign filing. Multi Location Business. They at least owe my husband an apology for the way they treated him during an awful time but know they arent decent enough for that. Ditech held a sponsorship in the NASCAR Nextel Cup Series from 2004 to 2007, prominently appearing on the #25 Chevrolet driven by Brian Vickers. at 619, and we will not judge the credibility of the witnesses or weigh the evidence. In February 2019, Ditech filed for bankruptcy for the second time in as many years. However, a post-trial motion for judgment "`may not advance additional grounds that were not raised in the pre-verdict motion.'" Cir. I.say file, file and get an attorney. Conseco also presented evidence that in its Davenport, Iowa, office-after the filing of the lawsuit-the area manager, Rick Lasek, worked for both companies, copied thousands of Conseco lead sheets, sent them to North American, copied all of the HUD settlement statements from his office, and stated that his goal was to "put the mother [* * * *]ers [Conseco] out of business." Zachar v. Lee, 363 F.3d 70, 72 (1st. I cant pay this at all. Cooper Indus., Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424, 435, 121 S. Ct. 1678, 149 L. Ed. They did without letting me know, if I dont pay, they take my home. These products are . I was making them but they were not posting my payments or giving me credit and ruined my credit, claiming I was late. She is being bamboozled herself. Conseco's mortgage service division originates residential loans for individuals in the "subprime" lending market, e.g. 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 . 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. [12], In 2012, during the mortgage crisis, Ally took its residential lending unit into bankruptcy in order to pay back the U.S. Treasury following its acceptance of bailout funds. I had a loan modification with bank of america,the loan were sold to greentree and they cancel the modification,now i have been out of the house for 5months,and they havent made a move to toward claiming or taken control of this property,wish is theirs.
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