Terms of Service. On August 31, 2015, Green Tree Servicing became ditech, a Walter company. 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. Lawsuit, Mortgage with GreenTree/Conseco/Ditech/New Rez-ShellPoint since 1995. 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. In arguing that the lead sheets are not "trade secrets," North American principally relies on Vigoro Indus., Inc. v. Cleveland Chem. 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. If colloquy between counsel and the trial court fleshes out the motion, it may provide the opposing party with the requisite notice. (1) how much will the typical victim be paid? Therefore we begin by noting that the district court gave correct and distinct instructions relating the purpose and standard for punitive damages, and turn our focus to the reprehensibility of North American's conduct. 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. They were NASTY. 1981); Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir. Am., 408 F.2d 500, 503 (8th Cir. Greentree was started in 1999 and maintains three offices in Ft. Lauderdale, Florida, Charlotte, North Carolina and Guangzhou China. To whom should I write or should I call regarding compensation from Green Tree also known as Greed Tree. 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. 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? However, the rules are such that "`technical precision is not necessary in stating grounds for the motion so long as the trial court is aware of the movant's position.'" Webb Agency, Inc. v. Commercial Standard Ins. Greentree-financial.com is an online marketplace where a lender can give you a decision instantly for the funds you need. No one seems to know. Join me to get resolution. I had a loan with Greentree which the company did unlawful practices who do I reach out to for compensation. The lead sheets are a product of a specialized-and apparently quite effective-computer program that was uniquely Conseco's. They were not interested in helping us modify our loan even though we qualified. Told us to get out immediately they were so hateful would not help in any way 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. 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. Greenpoint Mortgage was shut down today by parent Capital One Financial Corp., who said weak demand for residential home loans forced the company to shut the ailing mortgage lender. Both encouragedays us to be 90 days delinquent. What happened Greentree Mortgage? On appeal, North American offers an eloquent and persuasive argument regarding the stringent requirements relating to the calculation of lost profits, particularly in relation to "net" profits. Ops manager used to try to say no one uses restroom first 3 hours of shift. I was making them but they were not posting my payments or giving me credit and ruined my credit, claiming I was late. The most demeaning thing there is. See reviews, photos, directions, phone numbers and more for Greentree Financial locations in San Antonio, TX. By the end of August, Green Tree will be no more. This handbook states that "non-public information about customers, dealers, and others is strictly confidential.". If you dont mind please contact me at 409-277-0420 Im in serious need of advice. ..There is so much fraud involved and I keep finding more everyday..Just waiting to figure out what road Im going to take as far as legal action. 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. 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. .Greentree denied us the Deed in lieu but offered a Hamp..There exact words were, Bank of America is offering you a Hamp. Mathias v. Accor Economy Lodging, Inc., 347 F.3d 672, 676 (7th Cir. 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. 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. 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. It is undisputed that fourteen Conseco customer loan files were in Kattleman's possession after he resigned from Conseco. Zachar, 363 F.3d at 74 (quoting Davignon v. Clemmey, 322 F.3d 1, 13 (1st Cir. He was the utmost rude one. All the while making my monthly mortgage payments I was wondering WHY my principal balance was not decreasing (4-year period), and the REASON WHY is because all but $100 was going to the INTEREST WHAT THE HECK DID THEY DO WITH MY INTEREST (As it was a LOCKED rate) BUT apparently not under the LOAN MOD!! The trial court initially denied the motion, finding the arbitration agreement unenforceable, but Green Tree pursued an interlocutory appeal and the State Court of Appeals reversed. I am a victim of Green Tree and Ditech can anyone do anything about it. I called them just yesterday and was directed straight to their collections department instead of customer service. Conseco filed a three-count complaint alleging 1) misappropriation of trade secrets, 2) unfair competition, and 3) tortious interference with business relations. What happened Greentree Mortgage? Greentree did nothing to help me resolve the situation. It is clear to us that Conseco derives economic benefit from this information. Can someone please please please HELP me? Then they send me a statement that I still own them 20 thousand more. [15] If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. Any normal good company with a major bank documentation would understand or have a solution. Conseco's mortgage service division originates residential loans for individuals in the "subprime" lending market, e.g. Consistent schedule, decent pay. While just being released from the hospital with diagnosis of stage 3 ovarian cancer, suffering from chemotherapy and not working not able to pay bills. They tried to triple my mortgage payment when I paid what my mortgage payment actually was and had been for long time. In Vigoro, the court noted that if the contacts had been located throughout the country the information would have been considered to be a trade secret. Bank of America sold to Green tree and then to Ditech. In 2006, ditech.com general manager Michael McCarthy resigned and was replaced by Richard D. Initially, we must determine whether Conseco's lead sheets and the information contained in its customer files constitute trade secrets under the Missouri Uniform Trade Secrets Act. Jul 22, 2010 09:17 AM Like Anonymous Vikki Shore Mortgage Brokers vs. Banks: Which Is Better? 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. Ive been a customer since 2002. Can someone give all of us a name of a law firm that will help us. Id. Multi Location Business. 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. 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 Mortgage Refinance Process: Step-by-Step Guide, How to Lower Your Mortgage Rate Without Refinancing. 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. Rockport Pharm., Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 197-98 (8th Cir. In 2010 I applied for a Making Home Affordable Plan and made every payment on time and earned the incentives. You can explore additional available newsletters here. 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. Conseco, in its "First Amended Complaint," added two additional counts-participation in breach of fiduciary duty, and a separate count for injunctive relief. Our online loans service can give . Some reps told borrowers they were deadbeats and warned them that nonpayment of their mortgage could result in arrest or even imprisonment. They claim they did not receive my last payment when it was paid via my banks bill pay. [13] In November 2012, Ditech was formed from assets of the estate of GMAC ResCap during the bankruptcy proceeding. I tried to get a home equity loan. And acknowledge the receipt of short sale requests and/or missing documents within five days. Also, in order to be considered a trade secret, the information must be the subject of efforts that are reasonable under the circumstances to maintain its secrecy. We paid by automatic draft, which we had to pay the service fee of twelve dollars to make payments. I asked for a payoff amount and they refused to give it. Green Tree Financial Corporation filed as a Statement & Designation By Foreign Corporation in the State of California and is no longer active. They sent me wrong documents, pretend they dont have them and are also scamming borrowers. I just closed on my deal with Greentree on the second. Also, some employees noted that Conseco had recently placed significant restraints on its area managers' loan authority. They told me if I did not leave my home the Sheriff would B there to put my things out in the snow. He went court I couldnt make it their because I had no transportation to get their, so the Judge signed the eviction paperwork. 2003). 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. To learn more about this transition from Green Tree to ditech, please visit www.ditech.com. I wonder if Green Tree will go out of business because of this. Please add our name to your Class Action Suit. 1998). 1998). Bank of America really cost me a lot of money for their role in this sale to an unscrupulous company. After 2 years of accepting the calls. Yeah, I almost deserve this. Find 1099 listings related to Greentree Financial in San Antonio on YP.com. Showing You A Faster Way Home Get Pre-Qualified Now Complete a Full Application Understand your credit report and score Loan interest and fee Monthly payment structure Answer tax related questions How you can save on taxes and take advantage of deductions and returns Manage your debt better Capital One announced that it would cease loan origination operations at Greenpoint Mortgage immediately, and according to initial reports, cut roughly 1,900 jobs. I am pretty sure this will never get taken care of after reading all the comments. From loan selection to approval and closing, we reduce the complexities and hassles involved in the entire process. In our review of the punitive damages award, the Supreme Court instructs us to consider three guideposts: (1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases.11 Gore, 517 U.S. at 575, 116 S. Ct. 1589 (1996). Both Greentree and Ditech are thugs. Its insurance subsidiaries provide life insurance, annuity and supplemental health insurance products to more than four million customers in the United States. 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 need someone to get in contact with me any time after 4 pm to see if you can help me get the title. STE. (651) 224-5017. Galdieri-Ambrosini v. Nat'l Realty & Dev. This would begin CNN's ongoing live coverage of the September 11 attacks.[22]. On appeal, North American questions not whether Conseco proved sufficient connection of its damages to North American's alleged wrongful conduct but whether Conseco proved it had incurred damages at all. . In fact, Green Tree's parent company, Walter Investment Management Corp. (WAC), is merging Green Tree with another of Walter Investment's well-known subsidiaries, Ditech Mortgage Corp, to form a new company, ditech, a Walter . They did without letting me know, if I dont pay, they take my home. Even the emails I have sent do not get me in contact with anyone that can I assist. I had one gentleman that called daily multiple times threatening me over and over. However, a corporate defendant is required to pay punitive damages so long as the employees were acting within the scope of their employment. North American sought this information in an attempt to pursue Conseco's loan customers and business leads. I told them they were charging me 3x my payment and I had made them on time. After the preliminary hearing, the district court entered a narrowly-tailored injunction. 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 . (800) 700 . [19], Ditech is well known for television commercials that aired during the 2000s. A due process violation occurs when the punitive damages imposed by the jury are grossly excessive. On the one hand, the Lackey arbitrator (the same . The auction for former Green Tree Financial in St. Paul, held Tuesday in Chicago, resulted in a Wednesday morning deal, according to news reports. R. Civ. Mortgage service providers take advantage of borrowers and no one cares much to help us and monitor the bad lenders. As the name suggests, Green Tree Servicing was supposed to service homeowners' mortgages by collecting and crediting monthly payments. Because insurance paid off the loans in full on the 91st day..They stalled, blaming one another and Nationstar also blamed Bank of New York for delay..Bank of new york put in writing to me that the were only trustee and had no say so in Settlements, Deed in lieus or modifications. [3][7], Ditech pioneered 125 percent loans that allowed mortgage loan applicants to borrow more than properties were worth. So disappointing! Readying correspondence to: FTC and others along with copies to EACH house member and Senate with original to President of USA. I suffered under them for no apparent reason as my payments were made on time. We would only have 7 years left, if we didnt do this. I. We reverse and remand with directions to the trial court to enter judgment in the amount specified in the settlement agreement, plus postjudgment interest and costs. 332 Minnesota St St Paul MN 55101. 3 of the Int'l Bhd. Corp. v. KCBS, Inc., 910 S.W.2d 329, 331-332 (Mo.App.1995). Get free summaries of new Eighth Circuit U.S. Court of Appeals opinions delivered to your inbox! My lender told me that Green Tree Servicing still has 2nd lein on my property! We were victims of Greentree. We agree that both the lead sheets and the information contained in these customer files constitute trade secrets under the act. 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." But the company is not closing. Therefore, Conseco established a second misappropriation claim in regard to those specific loan files copied by Podner just prior to his resignation from Conseco. They told me to pay my payments or lose my mobile home. Hi Folks I am in need of my Title to my Modular Home I paid off in 2016, so I can sell my home. Any correspondence will be noticed. GREEN TREE, Pa. . We got the $ to catch up which wasnt much like one payment and they refused to take the money. [12], In 2012, during the mortgage crisis, Ally took its residential lending unit into bankruptcy in order to pay back the U.S. Treasury following its acceptance of bailout funds. 2d 585 (2003) (quoting Gore, 517 U.S. at 575, 116 S. Ct. 1589). Pros. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Counsel who presented argument on behalf of the appellant was Thomas C. Walsh of St. Louis, MO. [6] GMAC Mortgage renamed DiTech ditech.com.[3] Reddam left the company in 2000. Counsel who presented argument on behalf of the appellee was David G. Wasinger of St. Louis, MO. 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. 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. Greentree makes the loan process simple, stress-free and easy. If North American's net-profit theory had been conceived prior to trial, it would-and should-have asked for such an instruction. Order Online. We are satisfied that North American's conduct was sufficiently reprehensible to support the jury's award of punitive damages. According to Missouri law, a "trade secret" is information-including but not limited to-technical or nontechnical data, a formula, pattern, compilation, program, device, method, technique, or process that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use. Be safe Family n friends. Another of North American's witnesses, Perry Schatz, testified only five percent of Conseco's leads result in a funded loan. 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. How can this be??? 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. Registered Address GREEN TREE FINANCIAL SERVICES CORP, 8424 SANTA MONICA BLVD. Was or used there a class action lawsuit because Id certainly be onboard. 21 Things That Can Raise Your Mortgage Rate. However, North American also introduced several new legal theories-related to damages-not distinctly articulated in its "Directed Verdict Motion." And for mortgages already in a loan modification program, Green Tree must honor loss mitigation agreements entered into by the prior loan servicer. Auto. They are nothing but crooks. Thank you. Id. The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation's financial system. Further, because the common law and the statutory elements of the claim remain the same, any resulting error would likely be harmless. [3], Powers introduced "People Are Smart," an advertising campaign that leveraged GMAC's reputation as a responsible lender and stressed the importance of making prudent decisions based on expert advice provided by ditech.com loan consultants. I previously was sending my mortgage payments to Ditech now Im currently sending the payments to Shellpoint Mortgage. Financial Services. You're all set! Furthermore, these customer loan files eventually made their way to his office at North American. We will leave the question of whether tortious interference remains an independent claim to another court and another day. The 7am phone calls, they keep threatening me and my family. 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! How does a former employee get compensated? I was forclosed on just before the lawsuit was awarded and Ditect are still sending me statements to pay morgage payments? Meridian Enters. 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. She is being bamboozled herself. Is it still possible to be compensated? During this same period, Conseco's mortgage service division downsized. CFN Investment Holdings will pay $700 million. Have ALL original documents. Nice article. I paid extra on my home every month until I got hurt on the job. The corporation originates, pools, sells, and services manufactured home loans using a vehicle known in the industry as conditional sales contracts. 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. In response, Conseco contends that North American failed to comply with the requirements of Fed. However, North American neither returned the stolen information nor discouraged its employees' use of Conseco's loan files and lead sheets. I too was a victim of the Green Tree / Ditech scam. 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.

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