Accordingly, we find no error in the district court's refusal to grant judgment as a matter of law on the unfair competition claim. P. 50(b); Martin H. Redish, 9 Moore's Federal Practice 50.41 (3d ed.2003). 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. After such consideration, we find that the $18 million punitive award does not comport with the requirements of the Due Process Clause. 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. 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. I am a victim of Green Tree and Ditech can anyone do anything about it. After a few weeks they turned our account over to someone else and the same cycle. On appeal, the district court's determination of punitive damages is reviewed under an abuse of discretion standard. Green Tree Servicing Merging With Ditech Mortgage And for mortgages already in a loan modification program, Green Tree must honor loss mitigation agreements entered into by the prior loan servicer. Youll be paying these peoples to your Death. I was thrown out in the poring down rain with no place to go. Youre in pure hell anyways dealing with all the headaches and harassment they give you!!! 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. Join me to get resolution. We agree with the district court's observation that North American's "reprehensible" actions involved management, and were "widespread and systematic, spanning six or seven offices and involving numerous groups of employees." Podner did not specify the exact number of loan applications copied. The lead sheets are a product of a specialized-and apparently quite effective-computer program that was uniquely Conseco's. I sent cerified letter to the address Ive been sending my payment. 1995)). 1994)). 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. Required fields are marked *. They sent me wrong documents, pretend they dont have them and are also scamming borrowers. Furthermore, Conseco takes reasonable steps to ensure the secrecy of these files. Add my name to whatever I am tired of getting a run around. Walsh v. National Computer Systems, Inc., 332 F.3d 1150, 1158 (8th Cir. All crooks. In May 2014, Ditech announced its re-entry to the national housing market after it disappeared from the marketplace for five years during the subprime mortgage crisis in the late 2000s. 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. This instant case involves thousands of customers-located throughout the country-who were identified through a complex computer system. 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. Greentree Financial Group, Inc. 19720 Jetton Road, 3rd Floor Penthouse Cornelius, NC 28031 (704) 892-8733 Office (704) 892-6487 Fax mikebongiovanni@gtfinancial.com. Vigoro contended that the names of 200 former customers constituted a trade secret. Introduction. 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 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." Website. 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!! 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. Can someone please help me!!! 1993). What Mortgage Rate Can I Get With My Credit Score? Never explained that they were going to do this. 21 Things That Can Raise Your Mortgage Rate. Claim this business. 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. Nice article. What happened Greentree Mortgage? Ditech had immensely high unaided brand awareness and customer satisfaction, but many people mistakenly thought Ditech was a subprime lender. 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." I am trying to get the deed/title to my home. We remand this case to the district court for entry of an amended judgment consistent with this opinion. 1981); Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir. Mathias v. Accor Economy Lodging, Inc., 347 F.3d 672, 676 (7th Cir. The company collapsed under a huge debt load resulting from a rash of acquisitions in the 1990s, including the $6 billion purchase of Green Tree, the nation's largest lender to mobile-home. 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. 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. This site is protected by reCAPTCHA and the Google. But that wasn't enough to put the company's troubles behind it. [16] Refinancing options include fixed rate, adjustable rate and FHA loans, as well as special financing programs such as HARP with expanded loan-to-value limits for qualified applicants. The companys short sale department was also frequently unreachable and unresponsive, and it often took two to six months to receive a response to short sale requests. I think the government allows this because it is still happening I am a single mother of five I lost a child to because of this mortgage company my only son I am still homeless I lost my reputation because of them they are the lowest scum on this earth to do this to all of these honest home owners they will never know the word or term honest I wish they would go threw what I am going threw they would not make it nothing but ugly ignorant people Im so disappointed if the government cant control them maybe there should be other ways to solve this problem I have not got help from them all this rental assistance is also family helps just family and friends I really need help who can help me Ive about lost it. I bought my mobile home Like in 1995 and I was kicked out of my mobile home Like in 2015. Ditech [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. 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. [14], In March 2014, the company resumed originating loans using the Ditech name. Any normal good company with a major bank documentation would understand or have a solution. Who do I contact to file lawsuit and get justice and prove damages? 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. .We never recieved a Hamp..They did the old bait and switch on us..We ended up with a streamline modification with $23,000 tacked onto a 40 yr loan..What a joke! [3], In 1999, DiTech was acquired by GMAC (now Ally Financial), then owned by General Motors. Did GT pay off CFPB? Both Greentree and Ditech are thugs. Yeah, I almost deserve this. Ive had four different Judges to rule in my favor. If anyone has a working Phone # or email address I can use to address my Title issue, please let me know . They threatened foreclosure even though I was paying the the girl said, Do you want me to take your house? 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. Can anyone please help me with whom I can contact?? Calls throughout the day and weekend threatening jail time and foreclosure. (651) 224-5017. We are further convinced that North American's net worth was not the sole consideration in the jury's punitive award. (0) Super Helpful (0) They're not great but not a Ripoff (0) Total Ripoff (0) I paid extra on my home every month until I got hurt on the job. Walsh, 332 F.3d at 1158 (quoting Cruz v. Local Union No. I was sent partial history of account.. Thanks Kevin. After 2 years of accepting the calls. 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. You can explore additional available newsletters here. 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. 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. The current range of Greentree modules covers the key areas of Financials, Distribution and Job Management. I can take your house! yelling at me. But the company is not closing. 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. If the Rule 50(a) motion is denied and the case is submitted to a jury, the movant must renew the motion once again in order to preserve the issue for appeal. And how does this company get away with this by changing their name constantly. [18], Also in May 2014, Ditech announced new correspondent banking products and services including MyCommunityMortgage, FHA Program, Expanded LMPI, and Freddie Only. Id. By the end of August, Green Tree will be no more. Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and SMITH, Circuit Judges. Tried to get relief through an attorney has messed over me. Who bought out Greentree Mortgage Company? - Tracks-movie.com 1969)). BMW of North America, Inc. v. Gore, 517 U.S. 559, 575, 116 S. Ct. 1589, 134 L. Ed. Bristol testified that he believed between one to six of these leads resulted in new business for North American. Anybody know of a good company to refinance with? After the preliminary hearing, the district court entered a narrowly-tailored injunction. Id. 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! T213. Also my credit report showed I was never late so Greed Tree robbed us. Now they want over $9,000 from me for some reason. "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." Have ALL original documents. Is Green Tree Servicing now ditech? PITTSBURGH Three people have been arrested in connection to a shooting in Green Tree on Monday evening. Co. of N. 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 called numerous times with no help into correction and emailed them only to get an automated email response that they received my email. The lies, over and over. Conseco Fin. Greentree Financial as been my mortgage company for 14 years. [2], In May 2014, Ditech launched a co-branding and joint-venture initiative with more than 600 institutional partners that provide mortgage and refinance loans to their customers. [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. Conseco Finance Servicing Corp., Formerly Known As Green Tree Financial SEC.gov | Greentree Financial Advisors Co., 866 F. Supp. WOW so I have read alot of these stories and not surprised at all after what they did to us. We agree that both the lead sheets and the information contained in these customer files constitute trade secrets under the act. Please put my name on a Class Action Suit. 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 . Is it still possible to be compensated? Now they are trying to steal my Personal Property from me. 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." Additionally, Conseco produced evidence that Podner made copies of an unspecified number of customer loan files shortly before his resignation. See Fed. thank you Jill Hardwick. U.S. Bankruptcy Court approves Acquisition of Ditech - Newrez at 416-417, 123 S. Ct. 1513 (2003). In 2012, I began paying my own taxes and insurance. North American sought this information in an attempt to pursue Conseco's loan customers and business leads. Rule 50(a) requires that challenges to the sufficiency of the evidence must be raised initially at the close of the evidence. Greentree Financial 7360 S Kyrene Road Tempe, Arizona U.S.A. 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. Thanks in advance. 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.. The court, relying on Greentree Financial Group, Inc. v. Execute Sports, Inc., 163 Cal. New Homepage | Greentree Mortgage Company, L.P. More. 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. In 1995, John Paul Reddam founded DiTech Funding Corporation (DiTech) in Costa Mesa, California. My credit score was above 780, with no late payments. 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. We were talked into a loan modification in 2012 with Green Tree, due to many threats daily. I was refused several times for a modification. 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. 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. I refinanced with an actual bank since 2016 and I have no problems. .WHY? 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. 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. Shellpoint whatever the heck its called now has been a complete nightmare. I exceed the payment due by almost $150, figuring that 150 will come off principal directly. We were victims of Greentree. I have a mortgage with Ditech (prev Greentree). My late husband put me in this bind, Im sorry Lynn for long text. 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. 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. 1150 (E.D. I tried to get a home equity loan. Green Tree Financial Services Corporation It specializes in "servicing" (debt-collecting) subprime residential mortgages. My mortgage was with Bank of America for 15 years started 2002 January. I was with Bank America and they turn me over to ripped off GreenTree Mortgage, and they GreenTree, up my loan to what they want, I called them and told me that they couldnt reach me, They up my APR and Loan Mortgage and said the could not get in touch with me. Green Tree Servicing (now Ditech Financial LLC) | LinkedIn 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. 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. Fortunately, authorities were able to track the location of the call and . 1997). 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. Bank of America sold to Green tree and then to Ditech. Most persuasively, North American contends that the "exacting" nature and quality of proof needed for recovery of lost profits in Missouri required Conseco to prove net profits by introducing evidence "of the cost and expense of operating the business during these periods." It determined that Conseco's lead sheets and documents in its loan files are trade secrets, but also determined that Conseco's customer lists and certain financial information are not trade secrets. We tried to refinance with another company and they caused problems with that and we ended with not being able to do that. 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. Anyone have a number I can call. Corp., 136 F.3d 276, 286 (2d Cir. Sign up for our free summaries and get the latest delivered directly to you. But in what amount? [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. Conseco's financial analysts estimated that Conseco suffered compensatory damages of between $3.5 million and $3.9 million. Now they have lien on my personal property that had nothing to do with this loan. The Mortgage Refinance Process: Step-by-Step Guide, How to Lower Your Mortgage Rate Without Refinancing. 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." Greentree Financial Advisors Review - Report a Scam In arguing that the lead sheets are not "trade secrets," North American principally relies on Vigoro Indus., Inc. v. Cleveland Chem. They ruined my credit report for NO reason. "Green. Just plain NASTY! ", 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. GREENTREE INN - SANTA FE $53 ($74) - Tripadvisor 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. They keep selling the mortgage to different companies. Wish me luck. Greentree Financial Group, Inc | Cornelius NC - Facebook Greentree Financial Company Profile | Management and Employees List 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. This is actually still happening. CNO Financial Group - Wikipedia Green Tree Financial Corporation is the only company in the United States to specialize in manufactured home loans. 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?
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