Some reps told borrowers they were deadbeats and warned them that nonpayment of their mortgage could result in arrest or even imprisonment. It should be paid off and i need the release of lien. Who do we talk to about a lawsuit? 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. Emmenegger v. Bull Moose Tube Co., 324 F.3d 616, 619 (8th Cir. At that time, we only had 17 years left on our 30 year loan. 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. Conseco appealed the district court's denial of injunctive relief as to its "raiding" claim. [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. How can this be??? Who, what when and where to I file a claim with the CFPB? A712 WEST HOLLYWOOD CA 90069 United States Inactive Directors / Officers STEVEN D GREEN, chief executive officer STEVEN GREEN, agent Registry Page https://bizfileonline.sos.ca.gov/sear. It is clear to us that Conseco derives economic benefit from this information. 21 Things That Can Raise Your Mortgage Rate. [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. Personally the FTC is probably a scam too. Consequently, he was employed by both companies during this two week period. It determined that Conseco's lead sheets and documents in its loan files are trade secrets, but also determined that Conseco's customer lists and certain financial information are not trade secrets. Upon arriving at North American, Bristol gave these names and numbers to loan originators as leads, who contacted these former Conseco customers. Corp., 136 F.3d 276, 286 (2d Cir. 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. 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." Is there a phone number to call? Sanchez, 37 F.3d at 723. 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. 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. Id. GreenTree Inn Santa Fe is a budget friendly motel offering air conditioning in the rooms, and it is easy to stay connected during your stay as free wifi is offered to guests. On August 31, 2015, Green Tree Servicing became ditech, a Walter company. Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. at 416-417, 123 S. Ct. 1513 (2003). App. They did the same to me. Have ALL original documents. I need someone to get in contact with me any time after 4 pm to see if you can help me get the title. I still want relief. Contact Information. 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. However, North American neither returned the stolen information nor discouraged its employees' use of Conseco's loan files and lead sheets. This is horrible! 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. We agree with the district court's observation that North American's "reprehensible" actions involved management, and were "widespread and systematic, spanning six or seven offices and involving numerous groups of employees." I had to call them while working and my coworkers heard then yelling & threatening me if I was late. Powers. 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. I am a victim of Green Tree and Ditech can anyone do anything about it. They demonstrate what should be obvious: Single-digit multipliers are more likely to comport with due process, while still achieving the State's goals of deterrence and retribution, than awards with ratios of 500 to 1 [as in Gore], or in this case, of 145 to 1." None of the contact #s I have called do not make contact with any Green Tree, Ditech or Shellpoint. Green Tree was so horrible they threatened me while in the hospital. They first claimed they were not aware of this on time payment incentive from my original banks docs. 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. 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. 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. Where do I go? Greentree is Ditech so be careful! 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. The caller informed Mambretti that all of his personal financial information-which he had entrusted to Conseco-had moved with the loan originator to North American's St. Louis office. "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." Green Tree Financial Corporation filed as a Statement & Designation By Foreign Corporation in the State of California and is no longer active. But next months statement shows only the principal stated as due being payed, with the excess going toward interest. I faxed all information to them, that was available to me.. Needless to say it has been a fiasco.. Now the are threatening default on loan.. Its ridiculous to try and deal with this company.. Told different amounts even one rep stated it would be forgiven..I have no idea of what else to do..this is just another proof of the fleecing of America, I want to fill out a class action settlement form where do I get one for greentree. Who has my payment records from Green Tree and Ditech for the Making Home Affordable Plan which will prove timely payments so i can get the credits and incentives I deserve? By the end of August, Green Tree will be no more. Tried to get relief through an attorney has messed over me. I.say file, file and get an attorney. Accordingly, we find no error in the district court's refusal to grant judgment as a matter of law on the unfair competition claim. Rockport Pharm., Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 197-98 (8th Cir. Green Tree was so bad I filed complaint with the Department of Business Oversight in California. You might be able to get more info by calling 1-877-FTC-HELP (1-877-382-4357). We will not set aside the jury verdict unless there is a complete absence of probative facts to support the verdict. Now they want over $9,000 from me for some reason. Conseco filed a three-count complaint alleging 1) misappropriation of trade secrets, 2) unfair competition, and 3) tortious interference with business relations. At Greentree Financial we offer our clients comprehensive financial planning. You already receive all suggested Justia Opinion Summary Newsletters. 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." My credit score was above 780, with no late payments. I called them just yesterday and was directed straight to their collections department instead of customer service. CEO Approval. I did send CFPB many documents pertaining to abuse by Green Tree. Nothing happened. We, however, affirmed the decision of the district court to deny the injunction. Was two months behind. Additionally, Conseco produced evidence that Podner made copies of an unspecified number of customer loan files shortly before his resignation. Who do I contact to get whats owed to me? 2006 - 2023. Capital One announced that it would cease loan origination operations at Greenpoint Mortgage immediately, and according to initial reports, cut roughly 1,900 jobs. However, a post-trial motion for judgment "`may not advance additional grounds that were not raised in the pre-verdict motion.'" I was harassed and have $837 plus in late fees due to their shenanigans plus no telling how much interest was addressed to my balance. Working with you to see the big picture, tailoring advice driven by your priorities that can then be addressed through a structured and . However, he speculated that as many as ten of these former Conseco customers could have switched their business to North American. But, to no avail. I am still trying to get the documents from current mortgage service provider and having hard time. My late husband put me in this bind, Im sorry Lynn for long text. I received my first notice from Ditech that my mortgage was in arrears..after speaking with several CSD representatives.. Ditech is not answering my call, whom do I contact to get my money back . In arguing that the lead sheets are not "trade secrets," North American principally relies on Vigoro Indus., Inc. v. Cleveland Chem. Green Tree made news in April when the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission ordered the company to pay $48 million in borrower restitution and $15 million in penalties to settle allegations of servicing failures that occurred from 2010 to 2014. Learn about the FDIC's mission, leadership, history, career opportunities, and more. On appeal, the district court's determination of punitive damages is reviewed under an abuse of discretion standard. The Manager had my car towed away, and I couldnt afford to get it out of impound. 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? 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. It is important to note that this is a foreign filing. How do I get answers on how to receive money back from my home. On the one hand, the Lackey arbitrator (the same . Ditech held a sponsorship in the NASCAR Nextel Cup Series from 2004 to 2007, prominently appearing on the #25 Chevrolet driven by Brian Vickers. Three years ago THE COURT RULED IN MY FAVOR against Green tree foreclosure with a FINAL JUDGEMENT WITH MERIT. 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. Podner said he copied the files in order to aid an employee who wished to make the transition to loan originator. Yearly bonus is a plus. This would begin CNN's ongoing live coverage of the September 11 attacks.[22]. 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. [18], Also in May 2014, Ditech announced new correspondent banking products and services including MyCommunityMortgage, FHA Program, Expanded LMPI, and Freddie Only. Can someone please help me understand this!!!! 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. I cant get in touch with anyone to get it off. [7] Institutional partners can price, lock and deliver individual loans through the Ditech website. If North American's net-profit theory had been conceived prior to trial, it would-and should-have asked for such an instruction. I was a victim of this as well from Green Tree, but I never received anything regarding this class action lawsuit. 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. Mambretti learned this fact through a phone call from a North American loan originator. 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 . 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. 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. The parties then chose an arbitrator, indeed . They are saying it may have been lost in the mail but they refuse so far to make it right. R. Civ. I believe it was an incentive for the employees to get these fees as compensation. At Greentree, we make the loan process frustration and hassle-free. They are all in this together I trust none. Also notifying new media. My current mortgage service provider will not let me cancel the escrow account they set up because they are charging me 14 months taxes and insurance instead of 12 just in case it increases and I never get a refund of any excess money they collect and no idea where it goes. Kimzey v. Wal-Mart Stores, Inc., 107 F.3d 568, 576 (8th Cir. P. 50 in its request for judgment as a matter of law and thus has not preserved this argument for appeal. 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." 2d 809 (1996). I told them they were charging me 3x my payment and I had made them on time. Borrow Brightly. Id. Also, North American's senior manager, Wade Hershel, received faxes containing Conseco loan documents originating from Conseco's St. Louis branch office from loan originators with this clandestine dual-employment status. Green Tree Servicing is one of the biggest servicers of home loans in the United States. They prey on people who are down on their luck with bad credit. Auto. Recommend. Told her I would be contacting attorney. We remand this case to the district court for entry of an amended judgment consistent with this opinion. 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. Walsh v. National Computer Systems, Inc., 332 F.3d 1150, 1158 (8th Cir. Was or used there a class action lawsuit because Id certainly be onboard. At Greentree Financial we offer our clients comprehensive financial planning. Im 83 years old, Ive been harassed by Green Tree from the time I purchased the Mobile home in 2001, Ive saw the go from Conseco Finance, Ditech to all kinds of Finance companies, You want ever know who you dealing with, So who actually owns these companies now? James & Devern Robertson, I purchased a trailer didnt know the greentrees name was on the title and I still havent received the title and I need that title because I paid the trailer all anybody can help me please do so. And for mortgages already in a loan modification program, Green Tree must honor loss mitigation agreements entered into by the prior loan servicer. 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! The parties proceeded to a trial on the merits for these issues. Home loan options include fixed rate, adjustable rate and FHA loans. 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. 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? 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. See Mo. Walsh, 332 F.3d at 1158. We paid until 2018 July. I tried to get a home equity loan. Co. of N. I quit answering the phone calls but saved all their numbers for later proof of their harassment. [7], In March 2013, Ditech was acquired by Walter Investment Management Co. from Ally Financial, the former GMAC ResCap. 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. 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. By his own admission, Keeler's increased compensation was due in part to his work in the company's subprime market expansion. Cir. However, we cannot allow the punitive damage award to stand at $18 million, and remit the award to $7 million. 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. Greentree made my.life a nightmare. [3] In April 1995, Reddam began originating, selling, and servicing mortgage loans tied to the prime interest rate. 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. 1150 (E.D. They settled for $5500 (BOA paid $3k and my Seller paid $2500) and Greentree WAIVED THEIR DEFFICIENCY RIGHTS!!!
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