Such an objection7 is simply not sufficient to preserve, and certainly cannot be read to encompass, the legal theories underlying North American's Rule 50(b) motion and this appeal (submissibility of the claim). Does anyone know who to call for me to claim my refund? 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. Now, i cant get in touch with anyone to get my balance? Afterwards, an audit was done and they removed some on-time payments to take some incentives away from me. 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. 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. Thank you. It did not, and by failing to do so, North American forfeited its argument to the extent that it was not forfeited by the failure to assert those grounds in their Rule 50(a) motion, We agree with the district court that the common-law claim of unfair competition has likely been replaced by the statutory offense described in the Missouri Trade Secrets Act. 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. Podner did not specify the exact number of loan applications copied. 655 (8th Cir. I believe it was an incentive for the employees to get these fees as compensation. Kientzy v. McDonnell Douglas Corp., 990 F.2d 1051, 1061 (8th Cir. Terms of Service. 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. [18] In June 2014, Ditech's correspondent lending division began focusing on services for community banks and credit unions, offering their customers access to Ditech's technology, underwriting, processing, servicing and marketing expertise. 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. I need someone to get in contact with me any time after 4 pm to see if you can help me get the title. Galdieri-Ambrosini v. Nat'l Realty & Dev. 2001). I am a victim of Green Tree and Ditech can anyone do anything about it. However, the Court also explained that when compensatory damages are substantial, "perhaps [a punitive award] only equal to compensatory damages" may be appropriate. 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. 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. 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 . These loan files included personal financial statements of Conseco customers, loan applications, appraisals, income calculation worksheets, W-2 forms, payroll information of Conseco customers, income calculation worksheets, tax returns, and bank statements of Conseco customers. 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. 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.. They first claimed they were not aware of this on time payment incentive from my original banks docs. Never explained that they were going to do this. This went on for 6 months, sending me mail I hadnt made my payment when I had made it on time. PITTSBURGH Three people have been arrested in connection to a shooting in Green Tree on Monday evening. I feel I was ripped off became homeless because of Green Tree. Im to the point now where I am contacting my own attorney in order to resolve everything. 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. [3], In 1999, DiTech was acquired by GMAC (now Ally Financial), then owned by General Motors. 1994)). If colloquy between counsel and the trial court fleshes out the motion, it may provide the opposing party with the requisite notice. Lastly, the company has been ordered to provide access to quality customer service so borrowers can actually save their homes from foreclosure instead of being pushed toward an arrangement that compensates Green Tree. Cons. From loan selection to approval and closing, we reduce the complexities and hassles involved in the entire process. Will be contacting legal specializing in mortgages tomorrow. CFN Investment Holdings will pay $700 million. The State of California received a notice from Ditech that I overpaid something and am due a refund, but Ditech no longer exists. The lead sheets are a product of a specialized-and apparently quite effective-computer program that was uniquely Conseco's. Ive been trying to get a short sale with Greentree since May of 2014. Conseco filed a three-count complaint alleging 1) misappropriation of trade secrets, 2) unfair competition, and 3) tortious interference with business relations. 1981); Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir. [5][20] In May 2007, the company introduced a new marketing campaign, adding the tagline "People Are Smart" and including the signature line Home financing by GMAC to further help distinguish the Ditech brand from direct-to-consumer lenders of questionable repute. . In 2013 we fell on hard times. What is Ditech Financial phone number? They were scamming the homeowner and the workers. Is it still possible to be compensated? 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. Sign up for our free summaries and get the latest delivered directly to you. at 435, 121 S. Ct. 1678. I got mad, I never refinance my mortgage. The facts and issues in this case arise from actions taken by North American to acquire information about individuals that is contained in Conseco's confidential files. 1996). How do I get answers on how to receive money back from my home. Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and SMITH, Circuit Judges. What Mortgage Rate Can I Get With My Credit Score? I paid them immediately over the phone once aware and confirmed it was not cashed. Such challenges must be sufficiently specific so as to apprise the district court of the grounds relied on in support of the motion. Am., 408 F.2d 500, 503 (8th Cir. Podner testified that the number was substantial. CitiFinancial exited the servicing business in 2017. But according to a $63 million settlement announced by the FTC and CFPB, rather than service, Green Tree gave many homeowners the business.. Find 1099 listings related to Greentree Financial in San Antonio on YP.com. Another of North American's witnesses, Perry Schatz, testified only five percent of Conseco's leads result in a funded loan. my payments are being sent back to me. but my Manager refused to take the payment. But the company is not closing. 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. Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. 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!! WOW so I have read alot of these stories and not surprised at all after what they did to us. Id. However, we do not consider this offense to be "comparable" in either substance or magnitude-North American's actions were widespread and affected thousands of people, most without their knowledge, and involved confidential financial records. We have been a victim of Green Tree / Ditech / Shellpoint abuse and excessive charge of fees. Mark S. Wasinger and John B. Morthland of Hannibal, MO appeared on the brief. Ditech Financial LLC (rebranded from ditech Mortgage and "Green Tree Servicing" in 2015) was a provider of home loan, loan servicing and refinance products to consumers and institutional partners in the U.S.[1]. Fortunately, authorities were able to track the location of the call and . Requested payoff through government agencies and received payoff from ShellPoint. Now Ditech Id with them and are ripping me off and other folks, My home is 42yrs old, from 726 a month to 798. I had a modification done with Bank Of America. Did GT pay off CFPB? They have been sued and need to be sued again. 1994), aff'd in relevant part, 82 F.3d 785 (8th Cir. (Jul-23-03) [PIONEER PRESS] A due process violation occurs when the punitive damages imposed by the jury are grossly excessive. 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. The next best way to talk to their customer support team may just be to tell GetHuman about your issue and let us try to find the best way to contact them or find help for . (0) Super Helpful (0) They're not great but not a Ripoff (0) Total Ripoff (0) 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. It is clear to us that Conseco derives economic benefit from this information. [21], On September 11, 2001, in the U.S., a Ditech commercial was airing on the CNN television channel when it was interrupted for an announcement that a plane had struck one of Twin Towers of the World Trade Center in New York City. I was a victim of this as well from Green Tree, but I never received anything regarding this class action lawsuit. [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. Greentree is Ditech so be careful! 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. The Manager had my car towed away, and I couldnt afford to get it out of impound. 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. Contact Information. Still have all the negative reports and complaints about those company going some years ago. On this Wikipedia the language links are at the top of the page across from the article title. I did not know at that time that these 80/20 Countrywide loans that went to Bank of America then Greentree and Nationstar that are sister companies were playing me the whole time. If a borrower is in the process of foreclosure, it must be halted while the company reaches out to borrowers and evaluates other potential loss mitigation options. Kattleman testified that he was uncertain as to exactly how the customer loan files came to be located in his office at North American. 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. And how does this company get away with this by changing their name constantly. 332 Minnesota St St Paul MN 55101. Just plain NASTY! Emmenegger v. Bull Moose Tube Co., 324 F.3d 616, 619 (8th Cir. As far as concerns the Lackey plaintiffs, what happened in arbitration is less clear. Thinking that would eliminate the harassing calls. Who do we talk to about a lawsuit? 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. ", Conseco organizes these lead sheets according to color-the most promising are colored red, leads that are considered good are colored white, and merely decent leads are colored blue. 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. They told me to pay my payments or lose my mobile home. At Greentree, we make the loan process frustration and hassle-free. 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? However, North American neither returned the stolen information nor discouraged its employees' use of Conseco's loan files and lead sheets. Some of these former employees also expressed concern about Conseco's overall future financial performance. Please help me resolve this with ditech. Walsh, 332 F.3d at 1159; LeSueur Creamery, Inc. v. Haskon, Inc., 660 F.2d 342, 346 n. 7 (8th Cir. Ditech held a sponsorship in the NASCAR Nextel Cup Series from 2004 to 2007, prominently appearing on the #25 Chevrolet driven by Brian Vickers. Mortgages are often transferred during the life of a loan, so consumers may find themselves locked in a relationship . Pros. Welcome to GreenTree Inn Santa Fe at Cerrillios Road, a nice option for travelers like you. Sigh. As to the third Gore guidepost, North American concedes there is "no precise cognate in Missouri criminal law," but attempts to use the Missouri commercial bribery statute, RSMo 570.150.1(3). Bristol also returned a number of documents at his deposition, in accordance with the district court's TRO. They could not find where I owed the money.. I was diagnosed with breast cancer and just asked for a little guidance from them. 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. Green Tree Financial provide information about financial solutions so you can make choices that are right and affordable for you. 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 Sincerely. After a few weeks they turned our account over to someone else and the same cycle. Upon arriving at North American, Bristol gave these names and numbers to loan originators as leads, who contacted these former Conseco customers. 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. In 2017 did chapter 13 bankruptcy and was paying ditech through that. Is there anybody that can help recover something from Green Tree. Conseco also filed a motion seeking a preliminary injunction and a permanent injunction to prevent the "raiding" of its employees. A structured process drawing out and defining with you what your vision is of your future. In 2003 we refinanced this home through US Bank, however, whenever that was done apparently US Bank never got a CLEAR title on our mobile home. 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. James S. Cole of St. Louis appeared on the brief. In some instances, the former Conseco office managers also took their staffs of loan originators with them to North American. ..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. I am trying to get the deed/title to my home. The corporation originates, pools, sells, and services manufactured home loans using a vehicle known in the industry as conditional sales contracts. They tacked on so many years to our loan, that we will never be able to pay it off. 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. If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. Both Greentree and Ditech are thugs. Here the damage award is further supported by the remaining tortious interference claim. Any correspondence will be noticed. I never received any kind of notice about a Class Action Law Suit. Have ALL original documents. 2003). To whom do I make my complaint? Order Online. By his own admission, Keeler's increased compensation was due in part to his work in the company's subprime market expansion. Touch with the entity that is hosting the class action. The court rejected this argument noting that this was a geographic area where everyone knows everyone else, "and you simply need to `see and ask'" to identify customers. The parties proceeded to a trial on the merits for these issues. Now they are trying to steal my Personal Property from me. 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. Learn about the FDIC's mission, leadership, history, career opportunities, and more. While dealing with them. I too was with BOA and while my home was in remod with BOA they dropped me & sold my loan. It was like $ 46,000 to start off with by the time I got evicted, I still owed $ 33,000 on my Mobile Home after paying on it for like 20 years. In response, Conseco sent a copy of Mambretti's letter to North American with a request that North American "cease and desist" from taking and using information contained in Conseco's loan files. [3][7], Ditech pioneered 125 percent loans that allowed mortgage loan applicants to borrow more than properties were worth. 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. This meant borrowers who could have kept their homes instead lost them to foreclosure, despite being on payment plans to get back on track. thank you Jill Hardwick. It was just a cycle. 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. Punitive damages are also subject to limitations imposed by due process. Conseco's mortgage service division originates residential loans for individuals in the "subprime" lending market, e.g. We were victims of Greentree. However, a post-trial motion for judgment "`may not advance additional grounds that were not raised in the pre-verdict motion.'" Because the evidence is susceptible to a reasonable inference supporting the verdict, we affirm the district court's decision to submit this claim to the jury and its subsequent denial of judgment as a matter of law. 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. How do I file a claim against Ditech? I paid my home off in December 2020. By the end of August, Green Tree will be no more. My late husband put me in this bind, Im sorry Lynn for long text. 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. Now Green Tree has placed Lien on a separate Property I have already paid off. Finally, we turn our attention to the punitive damage award and consider the three distinct challenges raised by North American-whether the award was (1) against the weight of the evidence, (2) in violation of due process, and (3) grossly excessive. Co. of N. State Farm, 538 U.S. at 425, 123 S. Ct. 1513. Directions. [18], Also in May 2014, Ditech announced new correspondent banking products and services including MyCommunityMortgage, FHA Program, Expanded LMPI, and Freddie Only. [7] The strategy encompasses direct consumer lending and correspondent lending. Id. 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. All rights reserved. Greentree Financial Advisors [ Impersonators of Genuine Firms ] 2408 Richmond Road Staten Island, NY 10306 Fax: 718-732-2047 My loan started out at 48,000 on my double wide, paid on it for about 16 years and now owe 67,000 on it. 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. In 2010 I applied for a Making Home Affordable Plan and made every payment on time and earned the incentives. While 800-643-0202 is Green Tree Servicing's best toll-free number, there are 3 total ways to get in touch with them. Id. Conseco's Employee Handbook specifically states that "non-public information about customers, dealers, and others is strictly confidential." individuals with low credit scores. They keep selling the mortgage to different companies. Zachar v. Lee, 363 F.3d 70, 72 (1st. Id. 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. [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]. Green Tree moved to compel arbitration. The net worth of North American is approximately $3.6 billion.9 Here, the jury awarded punitive damages of $18 million and compensatory damages of $3.5 million, resulting in a 5.14 to 1 ratio. The Mortgage Refinance Process: Step-by-Step Guide, How to Lower Your Mortgage Rate Without Refinancing. Greentree has been continually harassing. I was thrown out in the poring down rain with no place to go. collinseisenring1962@gmail.com. But that wasn't enough to put the company's troubles behind it. The rep became short with me. In mid-2022, Ditech posted a notice regarding distribution of any unclaimed borrower funds remaining in the Ditech estate. However, these were not the "specific grounds" on which North American argued below. Hi Folks I am in need of my Title to my Modular Home I paid off in 2016, so I can sell my home. What Credit Score Do You Need to Get a Mortgage? The most demeaning thing there is. [14], In March 2014, the company resumed originating loans using the Ditech name. Furthermore, these customer loan files eventually made their way to his office at North American. The . If you dont mind please contact me at 409-277-0420 Im in serious need of advice. Florida Office R. Chris Cottone Greentree Financial Group, Inc. 1000 S. Pine Island Road, Suite 210 Plantation, FL 33324 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." 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.'" 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." [19], Ditech is well known for television commercials that aired during the 2000s. [3], In 2005, DiTech was organized as a business unit of Residential Capital, LLC (often referred to as "ResCap"), which controlled mortgage-related subsidiaries owned by General Motors Corporation. 966, 968 (E.D. 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. How will former employees be compensated for their income lowering and workload doubling? The company held sponsorships on Hendrick's part-time #44 car, as well as the #87 car on Busch Series level. How do I find out if they did us wrong. 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.

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