They featured a nefarious loan officer, played by actor Ron Michaelson, repeating the catchphrase "Lost another loan to Ditech" written by writer, producer and director Ken Roberts, who created the Ditech television and radio commercials from 1995 to 2007. And doing something about it, cause Lynn Im that ((((B)))). These documents contained information concerning Conseco's internal operations, including monthly retail point income reports generated by each Conseco office, reports ranking the retail volume by branch, reports of retail loans funded by region, financial summaries of each branch, expense ratio reports, expense analysis reports, expense analysis retail volume variance reports, and reports on credit insurance protection. 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. Recent filings for GREEN TREE FINANCIAL SERVICES CORPORATION 22 Nov 2010 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. Three years ago THE COURT RULED IN MY FAVOR against Green tree foreclosure with a FINAL JUDGEMENT WITH MERIT. 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. For those who still have their homes, Green Tree must convert temporary loan mods into permanent ones. 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. Pursuant to the requirements of the Order, The estate is no longer able to further process the return of any unclaimed borrower funds. How can I settle with them without paying. 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. State Farm, 538 U.S. at 425, 123 S. Ct. 1513 (citing Pacific Mutual Life Ins. 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.'" 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. They were scamming the homeowner and the workers. BMW of North America, Inc. v. Gore, 517 U.S. 559, 575, 116 S. Ct. 1589, 134 L. Ed. My payment would be lower and I could get interest on my money in the bank to pay my taxes and insurance instead of the mortgage servicer holding it and making money off my escrow account. Thank you. "This court has made it very clear that where the court submits a single damage question for multiple claims and where the evidence supports the actual damage award on any of the claims, the award will not be set aside." The instant appeal ensued. The court, relying on Greentree Financial Group, Inc. v. Execute Sports, Inc., 163 Cal. And, consistent with Rule 50, North American restated-in similar but not precise language-its previously articulated proximate cause damage theory, " [Conseco] failed to prove a causal connection between any conduct properly actionable and any loss to [Conseco]." No doubt the language of State Farm, in which the Supreme Court suggests that "four times the amount of compensatory damages might be close to the line of constitutional impropriety," is the foundation for North American's allegation of constitutional error. Told us to get out immediately they were so hateful would not help in any way at all. On June 8, 2022 the Bankruptcy Court entered an Order governing the distribution of any unclaimed borrower funds remaining in the Ditech estate. The lies, over and over. We paid one and half year extra. [7] The strategy encompasses direct consumer lending and correspondent lending. 2d 1 (1991)). [2] The brand had effectively disappeared from the marketplace for five years during the mortgage crisis, and the company decided to bring Ditech name back after determining that consumers held largely positive views of the brand. He was the utmost rude one. Between Green Tree and the Mobile Home Park Manager of the Mobile Home Park. I feel I was ripped off became homeless because of Green Tree. My lender told me that Green Tree Servicing still has 2nd lein on my property! what happened to greentree financial. 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. Ditech is not answering my call, whom do I contact to get my money back . However, the Court also explained that when compensatory damages are substantial, "perhaps [a punitive award] only equal to compensatory damages" may be appropriate. We tried to short sale but after 50 days on the market Greentree offered to do a Deed in lieu based on the second mortgage releasing the lien for 10% settlement. North American sought this information in an attempt to pursue Conseco's loan customers and business leads. More. They settled for $5500 (BOA paid $3k and my Seller paid $2500) and Greentree WAIVED THEIR DEFFICIENCY RIGHTS!!! Helping Clients With Custom Financing Options And Consulting Services, Greentree Offers Direct Financing And. From loan selection to approval and closing, we reduce the complexities and hassles involved in the entire process. You might be able to get more info by calling 1-877-FTC-HELP (1-877-382-4357). Lyn-Flex West, Inc. v. Dieckhaus, 24 S.W.3d 693, 697-698 (Mo.App.1999). It is important to note that this is a foreign filing. He earned a salary of $150,000 in 1999. Have been layering and looking for help. Well GreenTree Financial went bankrupt and their accounts were taken over by Conseco Financial. I can take your house! yelling at me. 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. As far as concerns the Lackey plaintiffs, what happened in arbitration is less clear. 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. 21 Things That Can Raise Your Mortgage Rate. By the end of August, Green Tree will be no more. The Truth About Mortgage. A comprehensive . It is apparent that North American developed the theory raised in their Rule 50(b) motion only after the jury's verdict because it (1) failed to object to the general-verdict form, (2) offered no jury instructions explaining Missouri's difficult proof standard for lost profits, and (3) made no substantive objection to the damage instruction. It specializes in "servicing" (debt-collecting) subprime residential mortgages. 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. Green Tree caused me to have anxiety attacks and depression!! 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. I submitted a complaint with the CFPB back in December about all of the issues I am having this this unethical company in an attempt to short sale my house. We were victims of Greentree. By selecting Greentree Mortgage Company, LP, you have chosen a lender who understands your needs, and is committed to improving your financial future. Fed. Accordingly, we find no error in the district court's refusal to grant judgment as a matter of law on the unfair competition claim. What happened Greentree Mortgage? Is it still possible to be compensated? Co. of N. CitiFinancial exited the servicing business in 2017. Filed complaints today with FTC, CFPB and the my State. Shell point mortgage servicing owns the mortgage now. 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. While dealing with them. These files were located in Kattleman's office at North American until he returned them to Conseco, as ordered by the district court in its TRO. 2006 - 2023. 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. This would begin CNN's ongoing live coverage of the September 11 attacks.[22]. [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 most demeaning thing there is. 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. The endless calls at all times of day and night being that sick, and I am making a long story very short. All rights reserved. I bought my mobile home Like in 1995 and I was kicked out of my mobile home Like in 2015. 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. However, we cannot allow the punitive damage award to stand at $18 million, and remit the award to $7 million. [3] DiTech's rapid growth was fueled in part by an aggressive marketing campaign that included a national television commercial featuring a frustrated loan officer who would mutter, "Lost another loan to DiTech," after losing business to the company. 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. Bank of America sold to Green tree and then to Ditech. I refinanced with an actual bank since 2016 and I have no problems. If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. They are all in this together I trust none. Working with you to see the big picture, tailoring advice driven by your priorities that can then be addressed through a structured and . (1) how much will the typical victim be paid? This went on for well over a year, all while theyd be calling and harassing me, names and bullying me to get out of my home. Walsh, 332 F.3d at 1159; LeSueur Creamery, Inc. v. Haskon, Inc., 660 F.2d 342, 346 n. 7 (8th Cir. Upon arriving at North American, Bristol gave these names and numbers to loan originators as leads, who contacted these former Conseco customers. Green Tree has been accused of a number of abuses, including not honoring loan modification programs, delaying short sale decisions, and charging customers convenience fees when paying their mortgages. Nice article. 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." Wow same crap happening to my dads mortgage. However, North American also introduced several new legal theories-related to damages-not distinctly articulated in its "Directed Verdict Motion." For the foregoing reasons, we affirm the opinion of the district court in part and reverse in part. Reddam's business model quickly extended DiTech's operating territory to seven states by the end of the 1995, and 46 states by the end of 1996. The suit alleged that the company's stock was artificially inflated due to questionable accounting practices on the part of the company's former officials. They did without letting me know, if I dont pay, they take my home. 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. A due process violation occurs when the punitive damages imposed by the jury are grossly excessive. Green Tree moved to compel arbitration. 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. Conseco's Employee Handbook specifically states that "non-public information about customers, dealers, and others is strictly confidential." 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." In March 2015, Ditech, along with Walter Investment affiliate Green Tree Servicing, announced the two would undergo a co-branding effort to become "Ditech Financial, A Walter Company," bringing Walter's origination and servicing entities together under one, recognizable brand name. The corporation originates, pools, sells, and services manufactured home loans using a vehicle known in the industry as conditional sales contracts. [7][17] The company will no longer provide nonprime mortgages. 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. 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. The company's unusually aggressive collection methods and other business practices are in question. 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." Havent paid them in over 2 years. 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. 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. Shaking my head. ..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. 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. I never received any kind of notice about a Class Action Law Suit. Greentree Financial 7360 S Kyrene Road Tempe, Arizona U.S.A. 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. However, when passing on a district court's determinations concerning the constitutionality of the punitive award, we use a de novo standard of review. 2001). The company has also been ordered to halt all mortgage servicing violations, including how much consumers owe Green Tree. 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. We find sufficient evidence of "malice or outrageousness" as defined by Missouri law to permit an award of punitive damages in this case. It makes me so D MAD. Get the funds you need without leaving the comfort of your own home from online. We paid our home off but greentree said we owed another $17,000. 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. Thank you, Kim (ADD ME TO YOUR LIST). 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 . A structured process drawing out and defining with you what your vision is of your future. No advance notice is given to the public when a financial institution is closed. what do I do now? However, a corporate defendant is required to pay punitive damages so long as the employees were acting within the scope of their employment. [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. Consequently, we agree with the district court that the lead sheets and the information contained in Conseco's customer loan files constitute trade secrets within the meaning of the Missouri Uniform Trade Secrets Act.6. These products are . Id. Business Outlook. Greentree's escape came after her captor forced the young surfer to call home and demand money in exchange for her freedom. Cons. Corp., 136 F.3d 276, 286 (2d Cir. This handbook states that "non-public information about customers, dealers, and others is strictly confidential.". And will not tell me nothing, except, paid your payment, my lawyer told me I dont miss payments. (651) 224-5017. I cant get in touch with anyone to get it off. In response, Conseco contends that North American failed to comply with the requirements of Fed. Youll be paying these peoples to your Death. Pulse they put on my credit report that I was evicted. Bristol also stated that he encouraged three of the loan originators working under him at Conseco to resign and come to work with him at North American. 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. 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." Who do I contact to get whats owed to me? 1994)). In the year 2000 his salary increased to $400,000. Walsh, 332 F.3d at 1158. [5][3] DiTech became a household name as a result of the commercials. We were taking $10,000 a year in losses and there was no end in sight. My house was bought in 2007 for $118,000 in Jan 2012 I owed $ 94,000. [3][7], Ditech pioneered 125 percent loans that allowed mortgage loan applicants to borrow more than properties were worth. Owning a mobile home we learned the hard way no one wants to help you. I would like to have my house back. We tried to refinance with another company and they caused problems with that and we ended with not being able to do that. I did call Ditech. ORDER: Sever the trial to foreclosure non jury trial and counter claim, jury trial. Since Ditech filed bankruptcy, I wonder if my money even exists any longer. 966, 968 (E.D. 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. 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. [7], In March 2013, Ditech was acquired by Walter Investment Management Co. from Ally Financial, the former GMAC ResCap. Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). See Mo. My husband passed away in August 2018 and Im burdened down with this horrible situation. Anyone have a number I can call. WOW so I have read alot of these stories and not surprised at all after what they did to us. Pony Comp., Inc. v. Equus Comp. 417.453(4) (1995). Our online loans service can give . 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. [3], In 1999, DiTech was acquired by GMAC (now Ally Financial), then owned by General Motors. 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. R. Civ. Under this standard, the district court will only be reversed when "its ruling is obviously insupportable." After having been divorced 4 years into the loan and raising children as a single mother, I have made payments late frequently. Ive had four different Judges to rule in my favor. As such, it captured over 25 percent of that business by 1993. 1969)). Because we have found adequate evidence of the existence of a trade secret, we need not address North American's argument. I tried to get a home equity loan. If you type I. Greentree complaints it should come up if the site has not been taken down. Who do we talk to about a lawsuit? The factors to be considered include "the degree of malice or outrageousness of the defendant's conduct, aggravating and mitigating circumstances, the defendant's financial status, the character of both parties, the injury suffered, the defendant's standing or intelligence, and the relationship between the two parties." But, to no avail. 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. Yet my accounting paperwork they sent says HMP mid-capitalized..My note has no bank endorsements, my assignment is missing my name and has stamped robo signed for Mers supposed employee and notary which is not legal..Notarys have to have original signatures. Touch with the entity that is hosting the class action. 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. I have been making excess (extra on principal) payments for quite a while. Multi Location Business. 1981); Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir. Greentree has done everything than can think of to get my home. 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. CNO Financial Group, Inc. (formerly Conseco, Inc. (from Consolidated National Security Corporation)) is a financial services holding company based in Carmel, Indiana.