.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! North American also claims that these individual indiscretions do not amount to "corporate" wrongdoing by North American. 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. Wow same crap happening to my dads mortgage. Can someone please help me!!! The auction for former Green Tree Financial in St. Paul, held Tuesday in Chicago, resulted in a Wednesday morning deal, according to news reports. Shell point mortgage servicing owns the mortgage now. Said she could only change excess payments for past 3 months. 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 . Nice article. You can explore additional available newsletters here. A few years ago I received a letter stating that money I paid them was owed back to me and I never received it and I WANT MY MONEY BACK. 1994)). Bristol testified that he believed between one to six of these leads resulted in new business for North American. Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. 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. It always appears that I am behind in payments when I am really 2 months ahead. The Court, however, went on to note that " [w]hile these ratios are not binding, they are instructive. All I ever get is the run around. We paid until 2018 July. See Fed. [3] In April 1995, Reddam began originating, selling, and servicing mortgage loans tied to the prime interest rate. I did file with CFPB and the FTC and I got a check for $10.00 after I lost my house I am still setting in my driveway living in my RV. 1995)). 655 (8th Cir. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Counsel who presented argument on behalf of the appellant was Thomas C. Walsh of St. Louis, MO. Emmenegger v. Bull Moose Tube Co., 324 F.3d 616, 619 (8th Cir. 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. The district court, however, denied Conseco's remaining request for injunctive relief relating to North American's solicitation of its employees. The present scenario is clearly distinguishable. [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. Pursuant to the requirements of the Order, The estate is no longer able to further process the return of any unclaimed borrower funds. We got the $ to catch up which wasnt much like one payment and they refused to take the money. We paid our home off but greentree said we owed another $17,000. Join me to get resolution. 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. We agree that both the lead sheets and the information contained in these customer files constitute trade secrets under the act. Then they send me a statement that I still own them 20 thousand more. 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. Punitive damages are also subject to limitations imposed by due process. I think the government allows this because it is still happening I am a single mother of five I lost a child to because of this mortgage company my only son I am still homeless I lost my reputation because of them they are the lowest scum on this earth to do this to all of these honest home owners they will never know the word or term honest I wish they would go threw what I am going threw they would not make it nothing but ugly ignorant people Im so disappointed if the government cant control them maybe there should be other ways to solve this problem I have not got help from them all this rental assistance is also family helps just family and friends I really need help who can help me Ive about lost it. A number of these now former employees testified (at the preliminary injunction hearing) that because Conseco was leaving the subprime lending market, they worried about their future, especially considering the fact that they worked on commission. I was forclosed on just before the lawsuit was awarded and Ditect are still sending me statements to pay morgage payments? Further, because the common law and the statutory elements of the claim remain the same, any resulting error would likely be harmless. 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. Bristol also testified that before leaving Conseco, he compiled a list of 100 to 200 customers who had previously engaged in business with Conseco. I lost my home to green tree mortgage in 2010. However, these were not the "specific grounds" on which North American argued below. 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. On June 8, 2022 the Bankruptcy Court entered an Order governing the distribution of any unclaimed borrower funds remaining in the Ditech estate. More. After several months I was told I wasnt making the right payment and I owed them almost $5000.00 And unless I paid this wthin 2 weeks They were forcloseing on my home, So I borrowred the money and paid them I dont have any idea how I am going to pay this back. .Greentree denied us the Deed in lieu but offered a Hamp..There exact words were, Bank of America is offering you a Hamp. State Farm, 538 U.S. at 425, 123 S. Ct. 1513. 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." 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. Also, some employees noted that Conseco had recently placed significant restraints on its area managers' loan authority. Although it is undisputed that the lead sheets themselves are not generally accessible to the public, North American asserts that much of the information contained within these lead sheets can either be purchased from various credit agencies or found in mortgage records, all of which are accessible to the public. Pulse they put on my credit report that I was evicted. Greentree Financial Group, Inc. | 88 followers on LinkedIn. 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. They have been sued and need to be sued again. It was just a cycle. I can take your house! yelling at me. Home loan options include fixed rate, adjustable rate and FHA loans. State Farm Mut. 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. I tried to get a home equity loan. They told me to pay my payments or lose my mobile home. P. 50(b); Martin H. Redish, 9 Moore's Federal Practice 50.41 (3d ed.2003). Kientzy v. McDonnell Douglas Corp., 990 F.2d 1051, 1061 (8th Cir. Ruby M Eisenring 321-333-2271, We refinance our home with Greentree which eventually transferred to Ditech. Please add our name to your Class Action Suit. This meant borrowers who could have kept their homes instead lost them to foreclosure, despite being on payment plans to get back on track. They are saying it may have been lost in the mail but they refuse so far to make it right. 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? Conseco also asked that North American return all of the information that it had acquired from Conseco's former employees. 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. I believe it was an incentive for the employees to get these fees as compensation. They ruined my credit report for NO reason. Greentree was started in 1999 and maintains three offices in Ft. Lauderdale, Florida, Charlotte, North Carolina and Guangzhou China. How do I find out if they did us wrong. Was two months behind. [2] Following the acquisition, Ditech used the name of Walter's Green Tree Servicing subsidiary to originate loans for regulatory and licensing reasons. R. Civ. I suffered under them for no apparent reason as my payments were made on time. I thought it was going to be a pain but Greentree was actually great to deal with. They have doubled my monthly mortgage beyond my ability to pay even if I way not a disable vet. File it with the cfpb and ftc. 7410 S Roosevelt St Ste. Paid almost every payment with a convenience fee. They owe me 27,000.00 estimated. 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. Ditech held a sponsorship in the NASCAR Nextel Cup Series from 2004 to 2007, prominently appearing on the #25 Chevrolet driven by Brian Vickers. In viewing this evidence in the light most favorable to the verdict, we hold there is ample evidence supporting each element of an unfair competition claim. Co. of N. Counsel who presented argument on behalf of the appellee was David G. Wasinger of St. Louis, MO. 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." [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. Shellpoint whatever the heck its called now has been a complete nightmare. I had a loan with Greentree which the company did unlawful practices who do I reach out to for compensation. In 2019 had a devastating hail storm that ruined my house 40,000 in damages and never could get ditech to repair the damage so I had my bankruptcy revised and took ditech off. 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. I. What happened Greentree Mortgage? and (3) Will the victims be required to apply for a settlement? (651) 224-5017. Most notably, Conseco's management decided to discontinue loan services in the subprime lending market. 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. 2d 809 (1996). Workers, 34 F.3d 1148, 1155 (2d Cir. It is undisputed that fourteen Conseco customer loan files were in Kattleman's possession after he resigned from Conseco. 1969)). In arguing that the lead sheets are not "trade secrets," North American principally relies on Vigoro Indus., Inc. v. Cleveland Chem. 1997). Conseco is a Delaware financial services company with its principal place of business in Minnesota. Get the funds you need without leaving the comfort of your own home from online. Can someone please please please HELP me? The Catholic Church was going to try to help me pay for part of my Mobile Home Space Rent. And how does this company get away with this by changing their name constantly. Cash Out vs. HELOC vs. Home Equity Loan: Which Is the Best Option Right Now and Why? 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. What Mortgage Rate Can I Get With My Credit Score? Sanchez, 37 F.3d at 723. I wonder if Green Tree will go out of business because of this. I called them just yesterday and was directed straight to their collections department instead of customer service. Powers. Greentree's escape came after her captor forced the young surfer to call home and demand money in exchange for her freedom. CFPB Director Richard Cordray said in a release that the company failed consumers who were struggling by prioritizing collecting payments over helping homeowners.. Given North American's failure to comply "with Rule 50, our review is limited to `whether the record reflects an absolute dearth of evidentiary support for the jury's verdict.'" However, he speculated that as many as ten of these former Conseco customers could have switched their business to North American. Co., 866 F. Supp. Please put our name on a Class Action Suit. Auto. Indeed, Conseco had closed thirty of its 150 branch offices within the previous year. Walsh, 332 F.3d at 1158 (quoting Cruz v. Local Union No. Conseco Inc., a major provider of life and health insurance, agreed to acquire Green Tree Financial Corp., a subprime-market lender best known for financing mobile-home purchases, in a stock. I paid my home off in December 2020. Who do we talk to about a lawsuit? Pony Comp., Inc. v. Equus Comp. Contact Information. 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. 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. Is it still possible to be compensated? WOW so I have read alot of these stories and not surprised at all after what they did to us. My credit score was above 780, with no late payments. If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. Then the next month BOA sold my loan to GreenTree. 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. 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 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. Walsh, 332 F.3d at 1158 (quoting Rockport Pharm., Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 197 (8th Cir. 1994), aff'd in relevant part, 82 F.3d 785 (8th Cir. It has been hard to get a loan for anything else. Recommend. 2003). 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. Green Tree Acceptance, Inc. filed as a Foreign For-Profit Corporation in the State of Texas and is no longer active. How do I file a claim against Ditech? They prey on people who are down on their luck with bad credit. Also notifying new media. Greentree has been continually harassing. He would lie to my husband and ask why I wouldnt speak to him. I understand what the FTC and CFPB are talking about with this them. (800) 700 . The 7am phone calls, they keep threatening me and my family. Was or used there a class action lawsuit because Id certainly be onboard. (0) Super Helpful (0) They're not great but not a Ripoff (0) Total Ripoff (0) "Green. After having been divorced 4 years into the loan and raising children as a single mother, I have made payments late frequently. [6] GMAC Mortgage renamed DiTech ditech.com.[3] Reddam left the company in 2000. Are there a class action lawsuit against ditech with all the forgery and false information, Im in South Carolina. 1998). This is horrible! This is actually still happening. Personally the FTC is probably a scam too. Ops manager used to try to say no one uses restroom first 3 hours of shift. 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. 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 called numerous times with no help into correction and emailed them only to get an automated email response that they received my email. Financed through Greentree in 1995 then went to ditech then shellpoint aka new rez llc even more shady. 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. Claim this business. 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." Ditech. The Mortgage Refinance Process: Step-by-Step Guide, How to Lower Your Mortgage Rate Without Refinancing. I was never late during the five years. On this Wikipedia the language links are at the top of the page across from the article title. Where do I go? Id. However, because North American failed to properly preserve the displacement question we need not decide the issue conclusively. On August 31, 2015, Green Tree Servicing became ditech, a Walter company. 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. 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. This instant case involves thousands of customers-located throughout the country-who were identified through a complex computer system. 1998). 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. Introduction. Lawsuit, Mortgage with GreenTree/Conseco/Ditech/New Rez-ShellPoint since 1995. While 800-643-0202 is Green Tree Servicing's best toll-free number, there are 3 total ways to get in touch with them. Calls throughout the day and weekend threatening jail time and foreclosure. 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." Greentree Financial Advisors [ Impersonators of Genuine Firms ] 2408 Richmond Road Staten Island, NY 10306 Fax: 718-732-2047 Green Tree Financial provide information about financial solutions so you can make choices that are right and affordable for you. 2003). I need someone to get in contact with me any time after 4 pm to see if you can help me get the title. Shaking my head. In 2010, my morgage was sold from BofA to Greentree Servicing LLC. We tried to refinance with another company and they caused problems with that and we ended with not being able to do that. Therefore, Conseco established a proper misappropriation claim with regards to these fourteen loan files. 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. Williams v. ConAgra Poultry Company, (slip opinion August 6, 2004). Furthermore, Conseco takes reasonable steps to ensure the secrecy of these files. In the year 2000 his salary increased to $400,000. Susan, If u would look at the back of your billing statements, it will tell you where to file your complaint. During this same period, Conseco's mortgage service division downsized. 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. North American next argues that, even if the loan files and lead sheets are considered trade secrets, Conseco still "did not make a submissible case of either the fact of damages or the amount of damages." We had a home equity line with them and ended up borrowing from my parents to pay it off. 1995)). I quit answering the phone calls but saved all their numbers for later proof of their harassment. Youll be paying these peoples to your Death. Nothing happened. Green Tree mortgage servicing company will pay $63 million to settle federal charges that it harmed homeowners with illegal loan servicing and debt collection practices. It makes me so D MAD. See reviews, photos, directions, phone numbers and more for Greentree Financial locations in San Antonio, TX. Ive been trying to get a short sale with Greentree since May of 2014. Who, what when and where to I file a claim with the CFPB? Required fields are marked *. It is clear to us that Conseco derives economic benefit from this information. I just closed on my deal with Greentree on the second. I too was with BOA and while my home was in remod with BOA they dropped me & sold my loan. Green Tree was so bad it was listed on CA Department of Business Oversight and under strict conditions as to how to handle mortgages. However, the Court also explained that when compensatory damages are substantial, "perhaps [a punitive award] only equal to compensatory damages" may be appropriate. I cant get in touch with anyone to get it off. Id. I have been a victim of Green Tree / Ditech and Shellpoint Mortgage abuse and excessive charge of fees. I just found this article and learned that I may be able to recoup the convenience service fees of $12 I paid multiple times to Green Tree. It specializes in "servicing" (debt-collecting) subprime residential mortgages. They started charging me late fees, supposedly sent some investigator to check if I still lived in the home and charged me for the service even though I never had any contact with the person, never saw them and had no information it had been done.
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