I asked for a payoff amount and they refused to give it. The district court upheld each of the awards, noting that North American's conduct was "widespread and systematic" and "reprehensible," and that the award was "not an injustice, but rather appropriate in light of the evidence." Learn about the FDIC's mission, leadership, history, career opportunities, and more. We have been a victim of Green Tree / Ditech / Shellpoint abuse and excessive charge of fees. [14], In March 2014, the company resumed originating loans using the Ditech name. 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. Sign up for our free summaries and get the latest delivered directly to you. 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 paid our home off but greentree said we owed another $17,000. Ive been a customer since 2002. In March 2015, Ditech, along with Walter Investment affiliate Green Tree Servicing, announced the two would undergo a co-branding effort to become "Ditech Financial, A Walter Company," bringing Walter's origination and servicing entities together under one, recognizable brand name. 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. Greentree Financial - Overview, News & Competitors | ZoomInfo.com They did without letting me know, if I dont pay, they take my home. U.S. Bankruptcy Court approves Acquisition of Ditech - Newrez Ruby M Eisenring 321-333-2271, We refinance our home with Greentree which eventually transferred to Ditech. 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. 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. It was like $ 46,000 to start off with by the time I got evicted, I still owed $ 33,000 on my Mobile Home after paying on it for like 20 years. Greentree was started in 1999 and maintains three offices in Ft. Lauderdale, Florida, Charlotte, North Carolina and Guangzhou China. Trying to get a lien release from green tree. Even worse, delinquent borrowers who called Green Tree were automatically routed to debt collectors rather than a loss mitigation specialist. Green Tree was so horrible they threatened me while in the hospital. Greentree Financial as been my mortgage company for 14 years. Harris v. Green Tree Financial Corp. - Casetext In arguing that the lead sheets are not "trade secrets," North American principally relies on Vigoro Indus., Inc. v. Cleveland Chem. 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. 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 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. Mortgage Brokers vs. Banks: Which Is Better? Readying correspondence to: FTC and others along with copies to EACH house member and Senate with original to President of USA. I had to call them while working and my coworkers heard then yelling & threatening me if I was late. 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. They sent me wrong documents, pretend they dont have them and are also scamming borrowers. Walsh, 332 F.3d at 1158 (quoting Cruz v. Local Union No. [3] In April 1995, Reddam began originating, selling, and servicing mortgage loans tied to the prime interest rate. After having been divorced 4 years into the loan and raising children as a single mother, I have made payments late frequently. And yes, they do call several times a day. Podner said he copied the files in order to aid an employee who wished to make the transition to loan originator. We were taking $10,000 a year in losses and there was no end in sight. 417.453(4) (1995). Greentree Financial Group - Overview, News & Competitors - ZoomInfo But according to a $63 million settlement announced by the FTC and CFPB, rather than service, Green Tree gave many homeowners the business.. Carmen Greentree: Aussie surfer reveals kidnap, rape ordeal They never did give me the interest rate they charged my, so 4yrs basically paid towards interest and my taxes.all but a freaking 100bux Please do contact me to see if I qualify for this class action suit! She is being bamboozled herself. Zachar, 363 F.3d at 72 (quoting Correa v. Hosp. Find locations. Wow same crap happening to my dads mortgage. Ive been trying to get a short sale with Greentree since May of 2014. Ripoff Report on: Greentree Financial - Greentree financial broke the law calls in one day lugoff south carolina They could not find where I owed the money.. 2003). No Company should be able to charge the high of interest fees, plus I was charged for phone transactions. Green Tree Servicing to pay $63 million to settle federal charges 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. Wish me luck. Fed. We, however, affirmed the decision of the district court to deny the injunction. Powers. All I ever get is the run around. 2001). See reviews, photos, directions, phone numbers and more for Greentree Financial locations in San Antonio, TX. In the year 2000 his salary increased to $400,000. Conseco's financial analysts estimated that Conseco suffered compensatory damages of between $3.5 million and $3.9 million. Mortgages are often transferred during the life of a loan, so consumers may find themselves locked in a relationship . 1994)). North American competes for individuals in the same market. GT was calling me day and night telling me I was short on my escrow account. All rights reserved. [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. They threatened foreclosure even though I was paying the the girl said, Do you want me to take your house? However, the Court also explained that when compensatory damages are substantial, "perhaps [a punitive award] only equal to compensatory damages" may be appropriate. Show Transcript. 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. Find 1099 listings related to Greentree Financial in San Antonio on YP.com. If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. Our online loans service can give . 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. Sigh. I was evicted and thrown out of my Mobile, in the pouring down rain! Meridian Enters. And for mortgages already in a loan modification program, Green Tree must honor loss mitigation agreements entered into by the prior loan servicer. If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. They are saying it may have been lost in the mail but they refuse so far to make it right. Having concluded that these lead sheets and loan files constitute trade secrets, we must next consider whether Conseco produced evidence of actual or threatened misappropriation of these trade secrets. Can someone give all of us a name of a law firm that will help us. 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. I was never late during the five years. This went on for well over a year, all while theyd be calling and harassing me, names and bullying me to get out of my home. Website. Three years ago THE COURT RULED IN MY FAVOR against Green tree foreclosure with a FINAL JUDGEMENT WITH MERIT. The balance of the second was about $55k. I made every payment on time and they refused to pay me the thousand dollars I was entitled to each time I requested payment. They claim they did not receive my last payment when it was paid via my banks bill pay. However, North American also introduced several new legal theories-related to damages-not distinctly articulated in its "Directed Verdict Motion." Appeal from the United States District Court for the Eastern District of Missouri, E. Richard Webber, J. Does anyone know who to call for me to claim my refund? Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. Therefore, Conseco established a proper misappropriation claim with regards to these fourteen loan files. Quite the contrary, North American encouraged others in its offices to replicate the St. Louis scheme, and designated its St. Louis office as a "model" to expand into other cities. They're awesome! 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. Join me to get resolution. Now they have lien on my personal property that had nothing to do with this loan. Who do I contact to get whats owed to me? Emmenegger v. Bull Moose Tube Co., 324 F.3d 616, 619 (8th Cir. [23] Later that year, the company's forward mortgage servicing and originations business Ditech Finance LLC was acquired by New Residential Investment Corp. and their reverse mortgage business, Reverse Mortgage Solutions Inc., was acquired by Mortgage Assets Management LLC.[24]. On August 31, 2015, Green Tree Servicing became ditech, a Walter company. Ann. [18], Also in May 2014, Ditech announced new correspondent banking products and services including MyCommunityMortgage, FHA Program, Expanded LMPI, and Freddie Only. 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. Shellpoint whatever the heck its called now has been a complete nightmare. North American management consented to the document duplication by its employees. Can someone please help me understand this!!!! Green Tree is also barred from transferring loans in loss mitigation in or out of the company without all the proper paperwork and records in place. Ditech. Later, at trial, he admitted they were working for both companies at the same time. Thinking that would eliminate the harassing calls. We will not set aside the jury verdict unless there is a complete absence of probative facts to support the verdict. In 2003 we refinanced this home through US Bank, however, whenever that was done apparently US Bank never got a CLEAR title on our mobile home. Allegheny County police said the shooting happened in the parking lot of the Unity. Welcome to GreenTree Inn Santa Fe at Cerrillios Road, a nice option for travelers like you. Anyone done a successful short sale with Greentree Financial? - ActiveRain I have been a victim of Green Tree / Ditech and Shellpoint Mortgage abuse and excessive charge of fees. I was diagnosed with breast cancer and just asked for a little guidance from them. Furthermore, Conseco takes reasonable steps to ensure the secrecy of these files. They were NASTY. It is clear to us that Conseco derives economic benefit from this information. 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. At the time of trial, Dime Savings had been acquired by Washington Mutual, a company with a net worth of several times this amount, North American argues that the punitive damages were an improper remedy for its discovery abuses. It should be paid off and i need the release of lien. My HAMP loan was sold to Greentree which is now Ditech. Conseco, Inc. -- Company History Under this standard, the district court will only be reversed when "its ruling is obviously insupportable." The case involves employees leaving an agriculture supply business to join a competitor. CNO Financial Group - Wikipedia Hey my name is Patricia I purchased a brand new mobile home from her in 1997 and they are telling me to this day Im still paying on the interest its been 24 years Greentree got bought out so Im still paying interest the trailer was only 40,000!! Conseco also filed a motion seeking a preliminary injunction and a permanent injunction to prevent the "raiding" of its employees. I had a modification done with Bank Of America. R. Civ. 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. But, to no avail. 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.. I won foreclosure trial by non jury trial final judgement amended final judgement, ORDER: Foreclosure resolved, only issue is money damages and demand for jury trial, ORDER: Granted motion leave to file my counter claim. Im to the point now where I am contacting my own attorney in order to resolve everything. 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." 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. Will a $63 million FTC-CFPB settlement encourage Green Tree to turn Consistent schedule, decent pay. [16] Refinancing options include fixed rate, adjustable rate and FHA loans, as well as special financing programs such as HARP with expanded loan-to-value limits for qualified applicants. The corporation originates, pools, sells, and services manufactured home loans using a vehicle known in the industry as conditional sales contracts. All we got was harassing calls all day long and at my husbands job. You already receive all suggested Justia Opinion Summary Newsletters. Greentree Financial Group, Inc. | 88 followers on LinkedIn. I exceed the payment due by almost $150, figuring that 150 will come off principal directly. 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. 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. Ditech is not answering my call, whom do I contact to get my money back . 1984). Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and SMITH, Circuit Judges. Nearly 10 months after the FBI was seen at a Green Tree office building conducting what it called "law enforcement activity," Pittsburgh's Action News 4 is . 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. They then changed their name to Ditech which was just as bad or worse and then filed bankruptcy, selling off the mortgages, who is not much better. The . I refinanced with an actual bank since 2016 and I have no problems. [1], In March 2015, Ditech, along with Walter Investment affiliate Green Tree Servicing, announced the two would undergo a co-branding effort to become "Ditech Financial, A Walter Company," bringing Walter's origination and servicing entities together under one, recognizable brand name. Green Tree Servicing, LLC | Consumer Financial Protection Bureau Enforcement Actions Green Tree Servicing, LLC CFPB and the Federal Trade Commission took action against Green Tree Servicing, LLC, for mistreating mortgage borrowers who were trying to save their homes from foreclosure. I never received any kind of notice about a Class Action Law Suit. I called them just yesterday and was directed straight to their collections department instead of customer service. 2d 1 (1991)). Conseco also asked that North American return all of the information that it had acquired from Conseco's former employees. Eventually we got word that our payments were not being accepted even with the money in our account, we were instructed to start sending payments in by purchasing through Walmart, which was additional funds. If anyone has a working Phone # or email address I can use to address my Title issue, please let me know . GREEN TREE FINANCIAL CORP. v. BAZZLE | Supreme Court | US Law | LII 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. 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. Your email address will not be published. This list included the names and phone numbers of these customers. The grounds for the renewed motion under Rule 50(b) are limited to those asserted in the earlier Rule 50(a) motion. 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. Who do I contact to file lawsuit and get justice and prove damages? New Homepage | Greentree Mortgage Company, L.P. The company's unusually aggressive collection methods and other business practices are in question. Id. BMW of North America, Inc. v. Gore, 517 U.S. 559, 575, 116 S. Ct. 1589, 134 L. Ed. What Credit Score Do You Need to Get a Mortgage? The Manager had my car towed away, and I couldnt afford to get it out of impound. I cant get in touch with anyone to get it off. Greentree did nothing to help me resolve the situation. He even called my elderly parents and harassed them. 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). GREENTREE FINANCIAL GROUP INC v. EXECUTE SPORTS INC | FindLaw I was forclosed on just before the lawsuit was awarded and Ditect are still sending me statements to pay morgage payments? T213. [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. Now they are trying to steal my Personal Property from me. But the company is not closing. After such consideration, we find that the $18 million punitive award does not comport with the requirements of the Due Process Clause. Your email address will not be published. Not stressful at all. 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. You can explore additional available newsletters here. As to the third Gore guidepost, North American concedes there is "no precise cognate in Missouri criminal law," but attempts to use the Missouri commercial bribery statute, RSMo 570.150.1(3). [2] It also announced a corporate re-branding with its servicing affiliate, Green Tree Servicing, which took place in 2015. We were talked into a loan modification in 2012 with Green Tree, due to many threats daily. Greentree makes the loan process simple, stress-free and easy. Thanks Kevin. Lackey v. Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). We paid by automatic draft, which we had to pay the service fee of twelve dollars to make payments. Yeah, I almost deserve this. My mortgage was with Bank of America for 15 years started 2002 January. I can take your house! yelling at me. (1) how much will the typical victim be paid? We find sufficient evidence of "malice or outrageousness" as defined by Missouri law to permit an award of punitive damages in this case. 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"). 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. 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 is horrible! 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. These files were located in Kattleman's office at North American until he returned them to Conseco, as ordered by the district court in its TRO. 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. P. 50 in its request for judgment as a matter of law and thus has not preserved this argument for appeal. 1998). On appeal, North American argues that the district court erred when it 1) submitted the unfair competition claim to the jury, 2) failed to grant judgment as a matter of law, 3) found that the compensatory award was supported by the evidence, and 4) allowed the punitive damage award to stand. Just plain NASTY! I previously was sending my mortgage payments to Ditech now Im currently sending the payments to Shellpoint Mortgage. Conseco Finance Servicing Corp., Formerly Known As Green Tree Financial If you dont mind please contact me at 409-277-0420 Im in serious need of advice. As such, it captured over 25 percent of that business by 1993. Greentree Financial Group, Inc. 19720 Jetton Road, 3rd Floor Penthouse Cornelius, NC 28031 (704) 892-8733 Office (704) 892-6487 Fax mikebongiovanni@gtfinancial.com. I would end up hanging up and they repeatedly called me plus after 9pm trying to harass me more. Tip: In October 2019, New Residential (now known as Rithm Capital) purchased Ditechs forward Fannie Mae, Ginnie Mae, and non-agency mortgage servicing rights. [13] In November 2012, Ditech was formed from assets of the estate of GMAC ResCap during the bankruptcy proceeding. A structured process drawing out and defining with you what your vision is of your future. Another time they did their yearly audit and, instead of using 12 months for the yearly audit to adjust taxes and insurance they used 18 months for funds needed which greatly increased my monthly payment amount. The 7am phone calls, they keep threatening me and my family. They first claimed they were not aware of this on time payment incentive from my original banks docs. Helping Clients With Custom Financing Options And Consulting Services, Greentree Offers Direct Financing And. Upon arriving at North American, Bristol gave these names and numbers to loan originators as leads, who contacted these former Conseco customers. Servicing Corp. v. North American Mortgage Co., 24 Fed.Appx. I have no escrow. I tried to explain they were using an 18 month required funds audit for a 12 month payment and contacted CA Department of Business Oversight for assistance. 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. And will not tell me nothing, except, paid your payment, my lawyer told me I dont miss payments. 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. The record establishes that Scott Bristol told North American's senior management that he had not resigned from Conseco when he started working at North American. Id. On the one hand, the Lackey arbitrator (the same . You're all set! Walsh, 332 F.3d at 1158. My mortgage was only suppose to last for 30 years. 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. Lyn-Flex West, Inc. v. Dieckhaus, 24 S.W.3d 693, 697-698 (Mo.App.1999). In response, Conseco contends that North American failed to comply with the requirements of Fed. Now Green Tree has placed Lien on a separate Property I have already paid off. The district court, however, denied Conseco's remaining request for injunctive relief relating to North American's solicitation of its employees. To whom do I make my complaint? [15], Ditech offers a range of home loan and refinance options. Sounds like there needs to be a class action lawsuit.