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. Mathias v. Accor Economy Lodging, Inc., 347 F.3d 672, 676 (7th Cir. Greentree-financial.com is an online marketplace where a lender can give you a decision instantly for the funds you need. Since Ditech filed bankruptcy, I wonder if my money even exists any longer. My mortgage was with Bank of America for 15 years started 2002 January. 366 were here. This corporate entity was filed approximately forty-six years ago on Monday, June 13, 1977 as recorded in documents filed with Texas Secretary of State. Is Green Tree Servicing now ditech? 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. Please ..I want to know how we can be a part of this lawsuit. 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. 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. Add my name to whatever I am tired of getting a run around. The lies, over and over. 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. Furthermore, Conseco takes reasonable steps to ensure the secrecy of these files. Greentree Financial as been my mortgage company for 14 years. 2003)). 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. 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. Contact Information. However, because North American failed to properly preserve the displacement question we need not decide the issue conclusively. 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! Since inception in 2013, New Residential has a proven track record of performance, growing and protecting the value of its assets while generating attractive risk-adjusted returns and delivering almost $3 billion in dividends to shareholders. PITTSBURGH Three people have been arrested in connection to a shooting in Green Tree on Monday evening. Pursuant to the requirements of the Order, The estate is no longer able to further process the return of any unclaimed borrower funds. Shaking my head. It is important to note that this is a foreign filing. Wish me luck. A due process violation occurs when the punitive damages imposed by the jury are grossly excessive. I just cant imagine how the Goverment will let Greentree stay in business or how the people that work there look in the mirror knowing how many people they have hurt . By the end of August, Green Tree will be no more. Get the funds you need without leaving the comfort of your own home from online. In the event that Green Tree and the Harrises do not agree on Green Tree's choice of arbitrator, section five of the FAA provides that either party may petition the court to appoint an arbitrator. Consistent schedule, decent pay. We will leave the question of whether tortious interference remains an independent claim to another court and another day. (800) 700 . I have a mortgage with Ditech (prev Greentree). 3 of the Int'l Bhd. of Mo., Inc., 162 F.3d 991, 998 (8th Cir. In 2017 did chapter 13 bankruptcy and was paying ditech through that. Conseco generates potential customer leads through a computerized database, which Conseco developed, that analyzes financial information from over forty million individuals.2 Conseco's computer program identifies individuals who might "benefit" from its debt-consolidation services and compiles a list of the potential customers, which is sent to Conseco's branch offices throughout the country in the form of "customer lead sheets. Who do I contact to file lawsuit and get justice and prove damages? Green Tree was so horrible they threatened me while in the hospital. 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. But the company is not closing. Sign up for our free summaries and get the latest delivered directly to you. So disappointing! Also, some employees noted that Conseco had recently placed significant restraints on its area managers' loan authority. They are saying it may have been lost in the mail but they refuse so far to make it right. Pulse they put on my credit report that I was evicted. 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. North American responds that the Conseco employees engaged in these acts because of Conseco's financial woes, and that they were simply concerned about their livelihood. As part of the agreement, Green Tree agreed to pay $48 million in restitution to victims, and a $15 million civil money penalty to the CFPB's Civil Penalty Fund for its illegal actions. Vigoro contended that the names of 200 former customers constituted a trade secret. 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. Greentree Financial Group, Inc. 19720 Jetton Road, 3rd Floor Penthouse Cornelius, NC 28031 (704) 892-8733 Office (704) 892-6487 Fax mikebongiovanni@gtfinancial.com. Have been layering and looking for help. I am a victim of Green Tree and Ditech can anyone do anything about it. Two of the loan originators that Lasek recruited to leave Conseco with him eventually returned to work at Conseco-after a change of heart-and testified about Lasek's actions. While dealing with them. I suffered under them for no apparent reason as my payments were made on time. 2d 585 (2003) (quoting Gore, 517 U.S. at 575, 116 S. Ct. 1589). COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Counsel who presented argument on behalf of the appellant was Thomas C. Walsh of St. Louis, MO. It was their error. While 800-643-0202 is Green Tree Servicing's best toll-free number, there are 3 total ways to get in touch with them. She did this several times, threatening me, stressing me out they would foreclose and I would lose my house due to their error and unwillingness to correct it. Susan, If u would look at the back of your billing statements, it will tell you where to file your complaint. 7410 S Roosevelt St Ste. I never received any kind of notice about a Class Action Law Suit. Emmenegger v. Bull Moose Tube Co., 324 F.3d 616, 619 (8th Cir. 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. Touch with the entity that is hosting the class action. The balance of the second was about $55k. I paid extra on my home every month until I got hurt on the job. [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]. The Greentree Way | Greentree Mortgage Company, L.P. Must Convert Temporary Loan Mods into Permanent Ones. 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. 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." Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). Multi Location Business. App. Introduction. I was a victim of this as well from Green Tree, but I never received anything regarding this class action lawsuit. Greentree Financial Profile and History . I had a loan with Greentree which the company did unlawful practices who do I reach out to for compensation. They sent me wrong documents, pretend they dont have them and are also scamming borrowers. Further, because the common law and the statutory elements of the claim remain the same, any resulting error would likely be harmless. The Catholic Church was going to try to help me pay for part of my Mobile Home Space Rent. Walsh, 332 F.3d at 1159; LeSueur Creamery, Inc. v. Haskon, Inc., 660 F.2d 342, 346 n. 7 (8th Cir. GT uses unethical practices, and I keep making my payments on time but think about letting them have the 2nd home back because of the harassment. We have been a victim of Green Tree / Ditech / Shellpoint abuse and excessive charge of fees. Is it still possible to be compensated? And, one of North American's senior managers, Carrie Hiatt, knowingly authorized Rick Lasek to work in North American's Des Moines office while Lasek was still employed by Conseco, There was evidence of wrongdoing in several North American locations including: St. Louis, Missouri; Collinsville, Illinois; Springfield, Illinois; Wichita, Kansas; Davenport, Iowa; Colorado Springs, Colorado; and Overland Park, Kansas, North American's senior manager in charge of the company's expansion into the subprime market, Ken Keeler, received compensation based on loan production. Punitive damages are also subject to limitations imposed by due process. I told them they were charging me 3x my payment and I had made them on time. The 7am phone calls, they keep threatening me and my family. 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). Yearly bonus is a plus. 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. 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. Thanks Kevin. The court also defined "readily ascertainable" to mean that the plaintiff did not spend a great deal of time or effort compiling that information. I cant get in touch with anyone to get it off. 1994), aff'd in relevant part, 82 F.3d 785 (8th Cir. Then again on October 2016 another payment made but not applied. Then they send me a statement that I still own them 20 thousand more. 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. Your email address will not be published. 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. [3][7], Ditech pioneered 125 percent loans that allowed mortgage loan applicants to borrow more than properties were worth. at 435, 121 S. Ct. 1678. Greentree Financial Group, Inc. 19720 Jetton Road, 3rd Floor Penthouse Cornelius, NC 28031 (704) 892-8733 Office (704) 892-6487 Fax mikebongiovanni@gtfinancial.com. 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. Tried to get relief through an attorney has messed over me. Id. You already receive all suggested Justia Opinion Summary Newsletters. In 2013 we fell on hard times. I paid them immediately over the phone once aware and confirmed it was not cashed. 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. Greentree Financial Group's phone number is (954) 424-2345 What is Greentree Financial Group's official website? (Jul-23-03) [PIONEER PRESS] 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. We work with many lenders as well as advertisers and other networks across the nation. 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. 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? See Fed. It also granted summary judgment in North American's favor as to solicitation of employees and participation in breach of fiduciary duty. After the preliminary hearing, the district court entered a narrowly-tailored injunction. 1997). I feel I was ripped off became homeless because of Green Tree. James S. Cole of St. Louis appeared on the brief. 2003). Mark S. Wasinger and John B. Morthland of Hannibal, MO appeared on the brief. Kattleman testified that he was uncertain as to exactly how the customer loan files came to be located in his office at North American. GREEN TREE, Pa. . 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.. (1) how much will the typical victim be paid? To learn more about this transition from Green Tree to ditech, please visit www.ditech.com. Green Tree Acceptance, Inc. filed as a Foreign For-Profit Corporation in the State of Texas and is no longer active. How will former employees be compensated for their income lowering and workload doubling? The transition concluded in the second half of 2015. Once we would find someone to help us modify, they would move them to another account. This instant case involves thousands of customers-located throughout the country-who were identified through a complex computer system. Sincerely. Chief Judge Loken did not participate in the consideration or decision of this case, Formerly known as Green Tree Financial Servicing Corporation, Conseco also employs other strategies to generate new business including internet advertising, telemarketing campaigns, "cross-marketing" of current customers, direct mail, television, radio, and yellow page advertising, and referrals from various business associates, One of North American's own witnesses admitted that North American had improperly taken Conseco's documents and repeatedly lied about it during the discovery process, His estimate was based on an average loan size in the Midwest of $85,000, The unfair competition instruction to the jury was expressly predicated on trade secret misuse, while the tortious interference claim concerned the issue of wrongful and unjustified interference with Conseco's reasonable expectation of economic advantage or benefit. In 1995, John Paul Reddam founded DiTech Funding Corporation (DiTech) in Costa Mesa, California. They prey on people who are down on their luck with bad credit. 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." Borrow Brightly. Trying to get a lien release from green tree. 655 (8th Cir. Is there anybody that can help recover something from Green Tree. North American management consented to the document duplication by its employees. Ive been a customer since 2002. 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. I can take your house! yelling at me. Walsh, 332 F.3d at 1158 (quoting Rockport Pharm., Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 197 (8th Cir. Upon arriving at North American, Bristol gave these names and numbers to loan originators as leads, who contacted these former Conseco customers. [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. Greentree's escape came after her captor forced the young surfer to call home and demand money in exchange for her freedom. Conseco's mortgage service division originates residential loans for individuals in the "subprime" lending market, e.g. Show Transcript. 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. [3] The company's name was derived from the phrase direct technology.[3][4] DiTech became one of the first lenders to offer mortgages to the public online and via a toll-free number. Now Ditech Id with them and are ripping me off and other folks, My home is 42yrs old, from 726 a month to 798. Financial Services. ORDER: Sever the trial to foreclosure non jury trial and counter claim, jury trial. The lead sheets are a product of a specialized-and apparently quite effective-computer program that was uniquely Conseco's. ALWAYS trouble. 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. 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. I asked for a payoff amount and they refused to give it. We, however, affirmed the decision of the district court to deny the injunction. Furthermore, even if North American's pre-verdict objection could be construed as a challenge to the submissibility of the unfair competition claim,8 the tortious interference judgment remains. 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. 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. The case involves employees leaving an agriculture supply business to join a competitor. He even called my elderly parents and harassed them. This list included the names and phone numbers of these customers. Also my credit report showed I was never late so Greed Tree robbed us. 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. Said she could only change excess payments for past 3 months. Zachar, 363 F.3d at 72 (quoting Correa v. Hosp. Here the damage award is further supported by the remaining tortious interference claim. Id. 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. The Truth About Mortgage. Calls throughout the day and weekend threatening jail time and foreclosure. Some of these former employees also expressed concern about Conseco's overall future financial performance. These products are . Find 1099 listings related to Greentree Financial in San Antonio on YP.com. I was used and abused by greentree ditech until January 30, 2018 when I refinanced and went with another provider all together! 1998). individuals with low credit scores. Can someone please help me understand this!!!! Have ALL original documents. 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. Specifically, North American argues that its conduct was not outrageous and did not justify the award, that there was no corporate wrongdoing by North American, and that the punitive damages were an improper remedy for its discovery abuses.10. Id. It should be paid off and i need the release of lien. As the name suggests, Green Tree Servicing was supposed to service homeowners' mortgages by collecting and crediting monthly payments. Greentree made my.life a nightmare. Told us to get out immediately they were so hateful would not help in any way at all. Lackey v. Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). I was evicted and thrown out of my Mobile, in the pouring down rain! I was sent partial history of account.. Florida Office R. Chris Cottone Greentree Financial Group, Inc. 1000 S. Pine Island Road, Suite 210 Plantation, FL 33324 P. 50(a) (2). They harassed me so much while my husband was undergoing chemotherapy with Stage 4 Colon Cancer. We paid by automatic draft, which we had to pay the service fee of twelve dollars to make payments. .help? of Elec. Accordingly, North American concludes that there was insufficient evidence, absent proof of net profit, for any submissible cause of action to survive and requests that we overturn the jury verdict as a matter of law and enter judgment in North American's favor. 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. And acknowledge the receipt of short sale requests and/or missing documents within five days. I had to call them while working and my coworkers heard then yelling & threatening me if I was late. 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. My lender told me that Green Tree Servicing still has 2nd lein on my property! North American competes for individuals in the same market. 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 company. Nice article. Prior to that, they would send papers saying I was approved for a loan mod, then theyd send papers saying I was denied and had X amount of days to get out of the house or I would come home to find my house locked up by the sheriff and I would never gain access, then they would try to short sale it. Additionally, Conseco produced evidence that Podner made copies of an unspecified number of customer loan files shortly before his resignation. 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? We do, however, make this procedural observation-North American failed to raise the issue of submissibility of the tortious interference claim in its directed verdict motion either at the close of Conseco's case or at the close of all evidence. How can this be??? If specificity is lacking, judgment as a matter of law may neither be granted by the district court nor upheld on appeal unless such a result is "`required to prevent manifest injustice.'" GT was calling me day and night telling me I was short on my escrow account. 2006 - 2023. 1969)). I exceed the payment due by almost $150, figuring that 150 will come off principal directly. We will not set aside the jury verdict unless there is a complete absence of probative facts to support the verdict. In 2006, ditech.com general manager Michael McCarthy resigned and was replaced by Richard D. As such, it captured over 25 percent of that business by 1993. 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. (651) 224-5017. 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." But I got rid of them. [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. norma, get an attorney and get one quick that specializes in dealing with mortgage law there are several that have won against Green Treethey all know they are scum. However, because of the significant variance between the large actual damage award and the resulting punitive award, we must consider the nature of North American's conduct and the harm suffered solely by Conseco. Ditech held a sponsorship in the NASCAR Nextel Cup Series from 2004 to 2007, prominently appearing on the #25 Chevrolet driven by Brian Vickers. 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. .WHY? 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!! It further found that Conseco was likely to succeed on its claims of misappropriation of trade secrets against North American relating to the actions of Podner and Kattleman, but not Bristol. Accordingly, we find no error in the district court's refusal to grant judgment as a matter of law on the unfair competition claim. 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. How do I get answers on how to receive money back from my home. 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. 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. And in 2001 North American paid Keeler a salary of $2,500,000. Told her I would be contacting attorney. I cannot get a bank to FHA streamline the $67, 000 mtg. I am trying to get the deed/title to my home. Therefore, Conseco established a proper misappropriation claim with regards to these fourteen loan files. Conseco appealed the district court's denial of injunctive relief as to its "raiding" claim. Business Outlook. The current range of Greentree modules covers the key areas of Financials, Distribution and Job Management. 1998). Working with you to see the big picture, tailoring advice driven by your priorities that can then be addressed through a structured and . Nothing happened.