I was forclosed on just before the lawsuit was awarded and Ditect are still sending me statements to pay morgage payments? In support of this motion, Conseco identified three former employees that it alleged had misappropriated its trade secrets. Owning a mobile home we learned the hard way no one wants to help you. Please ..I want to know how we can be a part of this lawsuit. (2) how will we as victims be contacted about a $$ settlement? 1994)). We are satisfied that North American's conduct was sufficiently reprehensible to support the jury's award of punitive damages. [2] Following the acquisition, Ditech used the name of Walter's Green Tree Servicing subsidiary to originate loans for regulatory and licensing reasons. Florida Office R. Chris Cottone Greentree Financial Group, Inc. 1000 S. Pine Island Road, Suite 210 Plantation, FL 33324 Who is pocketing these payments??? In February 2019, Ditech filed for bankruptcy for the second time in as many years. 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. Walsh v. National Computer Systems, Inc., 332 F.3d 1150, 1158 (8th Cir. Find 1099 listings related to Greentree Financial in San Antonio on YP.com. They sent me wrong documents, pretend they dont have them and are also scamming borrowers. Who do I need to contact to get additional info about this claim? 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). Can someone please help me!!! Three years ago THE COURT RULED IN MY FAVOR against Green tree foreclosure with a FINAL JUDGEMENT WITH MERIT. 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." Some of these former employees also expressed concern about Conseco's overall future financial performance. This instant case involves thousands of customers-located throughout the country-who were identified through a complex computer system. Podner said he copied the files in order to aid an employee who wished to make the transition to loan originator. We find sufficient evidence of "malice or outrageousness" as defined by Missouri law to permit an award of punitive damages in this case. Any normal good company with a major bank documentation would understand or have a solution. The corporation originates, pools, sells, and services manufactured home loans using a vehicle known in the industry as conditional sales contracts. This site is protected by reCAPTCHA and the Google. All rights reserved. The case involves employees leaving an agriculture supply business to join a competitor. They been foreclosing on and now says owe over 49 thousand dollars due to missed payments then stopped taking my payments and sent my money orders stamped on back to me but call daily demanding full payment but told me only contact their lawyer that we got charged with! How will former employees be compensated for their income lowering and workload doubling? However, a post-trial motion for judgment "`may not advance additional grounds that were not raised in the pre-verdict motion.'" Green Tree Financial provide information about financial solutions so you can make choices that are right and affordable for you. Sent payoff check but unable to receive Satisfaction of Mortgage because they want more money. A review of the record leaves us with no doubt that the jury had sufficient evidence before it (albeit conflicting evidence) to conclude that North American had engaged in unfair competition and caused damage to Conseco. We paid one and half year extra. I. 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. On April 11, 2006, Greentree Financial Group, Inc. (Greentree), sued Execute Sports, Inc. (ESI), for breach of contract. My Manager sold my Mobile Home to a Mexican for like $500.00 When I was thrown out of my home I still owed like $33,000.00 on my Mobile Home. The purpose of requiring the moving party to articulate the ground on which the Rule 50 judgment is sought "is to give the other party an opportunity to cure the defects in proof that might otherwise preclude him from taking the case to the jury." Conseco's mortgage service division originates residential loans for individuals in the "subprime" lending market, e.g. But, to no avail. In other words, the movant cannot use a Rule 50(b) motion "as a vehicle to introduce a legal theory not distinctly articulated in its close-of-evidence motion for a directed verdict." This handbook states that "non-public information about customers, dealers, and others is strictly confidential.". Consequently, he was employed by both companies during this two week period. 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. Meridian Enters. We will not set aside the jury verdict unless there is a complete absence of probative facts to support the verdict. It is clear to us that Conseco derives economic benefit from this information. Thanks Kevin. (Jul-23-03) [PIONEER PRESS] I was going through a really hard time, I fell on hard times, I called green tree to try to talk to them because I was not able to make my payments. at 435, 121 S. Ct. 1678. Welcome to GreenTree Inn Santa Fe at Cerrillios Road, a nice option for travelers like you. The court rejected this argument noting that this was a geographic area where everyone knows everyone else, "and you simply need to `see and ask'" to identify customers. Conseco's financial analysts estimated that Conseco suffered compensatory damages of between $3.5 million and $3.9 million. He earned a salary of $150,000 in 1999. Prior to that, they would send papers saying I was approved for a loan mod, then theyd send papers saying I was denied and had X amount of days to get out of the house or I would come home to find my house locked up by the sheriff and I would never gain access, then they would try to short sale it. However, the record is clear that the district court repeatedly rejected Conseco's requests that it be allowed to introduce evidence of North American's discovery abuses. Here the damage award is further supported by the remaining tortious interference claim. At trial, Conseco's evidence established that thousands of Conseco's lead sheets were in North American's possession, that employees worked simultaneously for both companies, that Conseco's loan documents were faxed to senior management at North American, and that employees from several of Conseco's offices had taken Conseco's loan documents to North American.3 Conseco offered expert testimony that approximately five percent of Conseco's lead sheets result in funded loans, each with an average-net profit per loan of $4,000. I did send CFPB many documents pertaining to abuse by Green Tree. The instant appeal ensued. See Fed. In 1995, John Paul Reddam founded DiTech Funding Corporation (DiTech) in Costa Mesa, California. As the name suggests, Green Tree Servicing was supposed to service homeowners' mortgages by collecting and crediting monthly payments. [3] In April 1995, Reddam began originating, selling, and servicing mortgage loans tied to the prime interest rate. Then my account was sold to Ditech that did a loan modification which have me owing an outrageous balance after being in our home for 11 years. State Farm, 538 U.S. at 425, 123 S. Ct. 1513. I was wondering how your situation turned out so good for you in court? Also, some employees noted that Conseco had recently placed significant restraints on its area managers' loan authority. 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"). [18] In June 2014, Ditech's correspondent lending division began focusing on services for community banks and credit unions, offering their customers access to Ditech's technology, underwriting, processing, servicing and marketing expertise. I am pretty sure this will never get taken care of after reading all the comments. 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 . Tell how to get I. Working with you to see the big picture, tailoring advice driven by your priorities that can then be addressed through a structured and . I would like to have my house back. By his own admission, Keeler's increased compensation was due in part to his work in the company's subprime market expansion. In 2017 did chapter 13 bankruptcy and was paying ditech through that. Kattleman testified that he was uncertain as to exactly how the customer loan files came to be located in his office at North American. File it with the cfpb and ftc. By the end of August, Green Tree will be no more. Id. God bless all of you also dealing with cancer etc. If anyone remembers Jim Walter homes I am pretty sure if we dug far enough back all roads would lead back to them and their crooked business. They did without letting me know, if I dont pay, they take my home. Furthermore, Conseco takes reasonable steps to ensure the secrecy of these files. Tempe, AZ 85283. From loan selection to approval and closing, we reduce the complexities and hassles involved in the entire process. Add my name to whatever I am tired of getting a run around. Get free summaries of new Eighth Circuit U.S. Court of Appeals opinions delivered to your inbox! Can someone give all of us a name of a law firm that will help us. She did this several times, threatening me, stressing me out they would foreclose and I would lose my house due to their error and unwillingness to correct it. 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. Cir. [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. Mathias v. Accor Economy Lodging, Inc., 347 F.3d 672, 676 (7th Cir. Sign up for our free summaries and get the latest delivered directly to you. By answering a few simple questions about yourself, and selecting the amount of money you would like to borrow. In early August 2000, Conseco sent a letter notifying North American's legal department of the misconduct by Scott Bristol and his loan originators and asking that it stop. Another of North American's witnesses, Perry Schatz, testified only five percent of Conseco's leads result in a funded loan. They prey on people who are down on their luck with bad credit. Said she could only change excess payments for past 3 months. How do I get into the law suit? San Francisco, 69 F.3d 1184, 1188 (1st Cir. That is my just due.i dont care how many times the sell or reinvent themselves, they are still the same company as far as I am concerned. We would only have 7 years left, if we didnt do this. Reddam's business model quickly extended DiTech's operating territory to seven states by the end of the 1995, and 46 states by the end of 1996. 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. 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. Accordingly, we find no error in the district court's refusal to grant judgment as a matter of law on the unfair competition claim. Several of these former Conseco employees resigned after receiving solicitations from North American. The ultimate product of the lead sheets-the loan file-contained financial statements, loan applications, appraisals, income calculation worksheets, W2 forms, payroll information of Conseco customers, tax returns, and bank statements of Conseco customers. [3] The company's name was derived from the phrase direct technology.[3][4] DiTech became one of the first lenders to offer mortgages to the public online and via a toll-free number. It is important to note that this is a foreign filing. Touch with the entity that is hosting the class action. 2006 - 2023. Readying correspondence to: FTC and others along with copies to EACH house member and Senate with original to President of USA. Another time they lost my payments and threatened foreclosure again. Conseco's Employee Handbook specifically states that "non-public information about customers, dealers, and others is strictly confidential." We, however, affirmed the decision of the district court to deny the injunction. Mortgage service providers take advantage of borrowers and no one cares much to help us and monitor the bad lenders. 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. . Tip: In October 2019, New Residential (now known as Rithm Capital) purchased Ditechs forward Fannie Mae, Ginnie Mae, and non-agency mortgage servicing rights. Green Tree was so bad it was listed on CA Department of Business Oversight and under strict conditions as to how to handle mortgages. We have looked carefully at Greentree Financial Advisors and have found numerous inconsistencies and problems that send the message, "Stay away!" There is a world of difference between expert reviews created by our team with years' experience investigating investment frauds and reviews by so-called customers you may find on some sites. Fed. The 7am phone calls, they keep threatening me and my family. Ditech has sold my mortgage to Loancare another thug company with outrageous fees and terrible customer service, if thats what you want to call it!? Ditech had immensely high unaided brand awareness and customer satisfaction, but many people mistakenly thought Ditech was a subprime lender. Bank of America really cost me a lot of money for their role in this sale to an unscrupulous company. [15] 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. 655 (8th Cir. Must Convert Temporary Loan Mods into Permanent Ones. Podner's wholesale copying of customer loan files, which coincided with his resignation from Conseco and hiring by North American, creates at least the threat of misappropriation. We will consider the evidence in the light most favorable to the verdict, giving the prevailing party the benefit of all reasonable inferences, Id. We work with many lenders as well as advertisers and other networks across the nation. But according to a $63 million settlement announced by the FTC and CFPB, rather than service, Green Tree gave many homeowners the business.. Pursuant to the requirements of the Order, The estate is no longer able to further process the return of any unclaimed borrower funds. However, these were not the "specific grounds" on which North American argued below. The company's unusually aggressive collection methods and other business practices are in question. 1995)). 366 were here. If colloquy between counsel and the trial court fleshes out the motion, it may provide the opposing party with the requisite notice. You're all set! Conseco, in its "First Amended Complaint," added two additional counts-participation in breach of fiduciary duty, and a separate count for injunctive relief. Introduction. Paid almost every payment with a convenience fee. If you type I. Greentree complaints it should come up if the site has not been taken down. Please help me resolve this with ditech. 3 of the Int'l Bhd. 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. Appeal from the United States District Court for the Eastern District of Missouri, E. Richard Webber, J. All I ever get is the run around. I received my first notice from Ditech that my mortgage was in arrears..after speaking with several CSD representatives.. Well GreenTree Financial went bankrupt and their accounts were taken over by Conseco Financial. Greentree was started in 1999 and maintains three offices in Ft. Lauderdale, Florida, Charlotte, North Carolina and Guangzhou China. Under this standard, the district court will only be reversed when "its ruling is obviously insupportable." Yeah, I almost deserve this. Greentree Financial as been my mortgage company for 14 years. Greentree makes the loan process simple, stress-free and easy. But next months statement shows only the principal stated as due being payed, with the excess going toward interest. Product Overview - Greentree is a modular system, allowing you to select just the functions you need for your business - with the flexibility to add further modules at a later date. Id. I have confirmation numbers from my bank and I have never had a problem paying this way, even to them. How do I find out if they did us wrong. They settled for $5500 (BOA paid $3k and my Seller paid $2500) and Greentree WAIVED THEIR DEFFICIENCY RIGHTS!!! 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. STE. Zachar, 363 F.3d at 72 (quoting Correa v. Hosp. 1969)). While 800-643-0202 is Green Tree Servicing's best toll-free number, there are 3 total ways to get in touch with them. Now they want over $9,000 from me for some reason. Wow same crap happening to my dads mortgage. [5][20] In May 2007, the company introduced a new marketing campaign, adding the tagline "People Are Smart" and including the signature line Home financing by GMAC to further help distinguish the Ditech brand from direct-to-consumer lenders of questionable repute. The most demeaning thing there is. 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. Greentree closed my 2nd loan in 2013 with no assignment tried to refi and loan could not be found by Greentree now I have a company 7 years later with copy of note and no endorsement contacted bankruptcy Court New York case for Greentree was told loan should gone to ditech otherwise went back to mlo Greentree only serviced could not sell any truth or help? Anyone have a number I can call. At Greentree Financial we offer our clients comprehensive financial planning. However, we cannot allow the punitive damage award to stand at $18 million, and remit the award to $7 million. Both encouragedays us to be 90 days delinquent. They did the same to me. 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]. (800) 700 . Id. Sigh. 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. Galdieri-Ambrosini v. Nat'l Realty & Dev. Conseco appealed the district court's denial of injunctive relief as to its "raiding" claim. "This court has made it very clear that where the court submits a single damage question for multiple claims and where the evidence supports the actual damage award on any of the claims, the award will not be set aside." Can anyone please help me with whom I can contact?? Financial Services. Is Green Tree Servicing now ditech? The parties then chose an arbitrator, indeed . Florida Office R. Chris Cottone Greentree Financial Group, Inc. 1000 S. Pine Island Road, Suite 210 Plantation, FL 33324 at 416-417, 123 S. Ct. 1513 (2003). Green Tree was so horrible they threatened me while in the hospital. We agree. Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). of Mo., Inc., 162 F.3d 991, 998 (8th Cir. During this same period, Conseco's mortgage service division downsized. 7410 S Roosevelt St Ste. Greentree Financial Group's headquarters are located at 7951 SW 6th St Ste 216, Plantation, Florida, 33324, United States What is Greentree Financial Group's phone number? They harassed me so much while my husband was undergoing chemotherapy with Stage 4 Colon Cancer. Just plain NASTY! I never received any kind of notice about a Class Action Law Suit. The company collapsed under a huge debt load resulting from a rash of acquisitions in the 1990s, including the $6 billion purchase of Green Tree, the nation's largest lender to mobile-home. My credit score was above 780, with no late payments. Pony Comp., Inc. v. Equus Comp. Conseco also filed a motion seeking a preliminary injunction and a permanent injunction to prevent the "raiding" of its employees. On appeal, the district court's determination of punitive damages is reviewed under an abuse of discretion standard. Zachar v. Lee, 363 F.3d 70, 72 (1st. Ops manager used to try to say no one uses restroom first 3 hours of shift. I wonder if Green Tree will go out of business because of this. Pulse they put on my credit report that I was evicted. We agree that both the lead sheets and the information contained in these customer files constitute trade secrets under the act. 2001). I feel like they are trying not pay all or part of my $1000 per year for a total of $5000 for making all of my payments on time. 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. .WHY? Ruby M Eisenring 321-333-2271, We refinance our home with Greentree which eventually transferred to Ditech. The company has also been ordered to halt all mortgage servicing violations, including how much consumers owe Green Tree. Co. v. Haslip, 499 U.S. 1, 23-24, 111 S. Ct. 1032, 113 L. Ed. Lyn-Flex West, Inc. v. Dieckhaus, 24 S.W.3d 693, 697-698 (Mo.App.1999). If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. Green Tree was so bad I filed complaint with the Department of Business Oversight in California. 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. Although Podner claims he made these copies in order to help a fellow employee make the transition to loan originator, Conseco provided evidence that would allow a reasonable finder of fact to determine that a threat of misappropriation existed with regard to these specific files. Shortly after this employee exodus began, Conseco received a letter from one of its St. Louis branch customers, Michael Mambretti, complaining that his confidential loan information had been taken by a Conseco loan originator, from Conseco to North American. the combining form for plasma minus the clotting proteins is what happened to greentree financial Greentree Financial 7360 S Kyrene Road Tempe, Arizona U.S.A.