However, when passing on a district court's determinations concerning the constitutionality of the punitive award, we use a de novo standard of review. [7] Institutional partners can price, lock and deliver individual loans through the Ditech website. Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and SMITH, Circuit Judges. In February 2019, Ditech filed for bankruptcy for the second time in as many years. As such, the district court abuses its discretion in permitting a punitive damage award to stand when the award is so disproportionate to the factors relevant to the size of the award that it reveals "improper motives or a clear absence of the honest exercise of judgment." I made every payment on time and they refused to pay me the thousand dollars I was entitled to each time I requested payment. They're awesome! Please put my name on a Class Action Suit. The company's unusually aggressive collection methods and other business practices are in question. Sys. FEDERAL TRADE COMMISSION Headquarters Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580 Telephone: (202) 326-2222 Constitution Center Federal Trade Commission 400 7th St., SW Washington, DC 20024 Telephone: (202) 326-2222 NOTE: Send mail only to the 600 Pennsylvania Ave., NW (Headquarters) address above. Some of these former employees also expressed concern about Conseco's overall future financial performance. 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. 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. Id. Mathias v. Accor Economy Lodging, Inc., 347 F.3d 672, 676 (7th Cir. We had a home equity line with them and ended up borrowing from my parents to pay it off. 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." The instant appeal ensued. In 2000, over the course of several months, a substantial number of Conseco's office managers and loan originators resigned, and many of Conseco's former employees took jobs working for North American. Pony Comp., Inc. v. Equus Comp. I have confirmation numbers from my bank and I have never had a problem paying this way, even to them. I had a loan with Greentree which the company did unlawful practices who do I reach out to for compensation. The opposite of how it should work. Greentree Financial Group, Inc. 19720 Jetton Road, 3rd Floor Penthouse Cornelius, NC 28031 (704) 892-8733 Office (704) 892-6487 Fax mikebongiovanni@gtfinancial.com. My HAMP loan was sold to Greentree which is now Ditech. From loan selection to approval and closing, we reduce the complexities and hassles involved in the entire process. [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. [6][8] The loans were also low-documentation mortgages, or stated income loans, and many borrowers falsified their incomes. At Greentree Financial we offer our clients comprehensive financial planning. Sigh. To the extreme. My lender told me that Green Tree Servicing still has 2nd lein on my property! Can someone please help me understand this!!!! 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 claim they have left messages and I never received any messages. And how does this company get away with this by changing their name constantly. Kimzey v. Wal-Mart Stores, Inc., 107 F.3d 568, 576 (8th 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. Quite the contrary, North American encouraged others in its offices to replicate the St. Louis scheme, and designated its St. Louis office as a "model" to expand into other cities. 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. I was wondering how your situation turned out so good for you in court? [15] Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). He even called my elderly parents and harassed them. Youre in pure hell anyways dealing with all the headaches and harassment they give you!!! They ruined my credit report for NO reason. 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! Its insurance subsidiaries provide life insurance, annuity and supplemental health insurance products to more than four million customers in the United States. On April 11, 2006, Greentree Financial Group, Inc. (Greentree), sued Execute Sports, Inc. (ESI), for breach of contract. 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. James & Devern Robertson, I purchased a trailer didnt know the greentrees name was on the title and I still havent received the title and I need that title because I paid the trailer all anybody can help me please do so. 655 (8th Cir. Normally I just pay my bills without looking at where the money goes. Several of these former Conseco employees resigned after receiving solicitations from North American. 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." I am now 72 years old and am forced to live in HUD housing. Introduction. [3], Powers introduced "People Are Smart," an advertising campaign that leveraged GMAC's reputation as a responsible lender and stressed the importance of making prudent decisions based on expert advice provided by ditech.com loan consultants. Any normal good company with a major bank documentation would understand or have a solution. The company has also been ordered to halt all mortgage servicing violations, including how much consumers owe Green Tree. CNO Financial Group, Inc. (formerly Conseco, Inc. (from Consolidated National Security Corporation)) is a financial services holding company based in Carmel, Indiana. Stat. [15], Ditech offers a range of home loan and refinance options. I quit answering the phone calls but saved all their numbers for later proof of their harassment. Touch with the entity that is hosting the class action. I need someone to get in contact with me any time after 4 pm to see if you can help me get the title. We have been a victim of Green Tree / Ditech / Shellpoint abuse and excessive charge of fees. R. Civ. Greentree Financial Group's headquarters are located at 7951 SW 6th St Ste 216, Plantation, Florida, 33324, United States What is Greentree Financial Group's phone number? 2003). 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." Appeal from the United States District Court for the Eastern District of Missouri, E. Richard Webber, J. Capital One announced that it would cease loan origination operations at Greenpoint Mortgage immediately, and according to initial reports, cut roughly 1,900 jobs. 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. A TOTAL MISTAKE. I paid my home off in December 2020. 2006 - 2023. Consequently, he was employed by both companies during this two week period. On August 31, 2015, Green Tree Servicing became ditech, a Walter company. He went court I couldnt make it their because I had no transportation to get their, so the Judge signed the eviction paperwork. At that time, we only had 17 years left on our 30 year loan. After having been divorced 4 years into the loan and raising children as a single mother, I have made payments late frequently. I am trying to get the deed/title to my home. I cant pay this at all. Indeed, the conduct involved repeated actions in multiple offices.13 North American's actions also involved trickery and deceit, and an utter disregard for Conseco and-even more heinously-the privacy of its customers. We review the district court's denial of a motion for judgment as a matter of law de novo, applying the same standard as the district court. The company held sponsorships on Hendrick's part-time #44 car, as well as the #87 car on Busch Series level. This is actually still happening. 332 Minnesota St St Paul MN 55101. P. 50(b); Martin H. Redish, 9 Moore's Federal Practice 50.41 (3d ed.2003). 1981); Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir. Three years ago THE COURT RULED IN MY FAVOR against Green tree foreclosure with a FINAL JUDGEMENT WITH MERIT. Required fields are marked *. They claim they did not receive my last payment when it was paid via my banks bill pay. Conseco Inc., a major provider of life and health insurance, agreed to acquire Green Tree Financial Corp., a subprime-market lender best known for financing mobile-home purchases, in a stock. The company emerged from Chapter 11 bankruptcy last year after completing a financial restructuring plan that eliminated $800 millio n in corporate debt and changed its name to Ditech Holding. 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. . Ruby M Eisenring 321-333-2271, We refinance our home with Greentree which eventually transferred to Ditech. My late husband put me in this bind, Im sorry Lynn for long text. Also, some employees noted that Conseco had recently placed significant restraints on its area managers' loan authority. 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. 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. R. Civ. Nothing happened. Green Tree Acceptance, Inc. filed as a Foreign For-Profit Corporation in the State of Texas and is no longer active. For the foregoing reasons, we affirm the opinion of the district court in part and reverse in part. 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. 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 . After a very long time, I did get approved for the loan mod, and still recvd papers saying I was kicked off this too went on for a LONG TIME! You're all set! Sincerely. We were talked into a loan modification in 2012 with Green Tree, due to many threats daily. 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). At the time of trial, Dime Savings had been acquired by Washington Mutual, a company with a net worth of several times this amount, North American argues that the punitive damages were an improper remedy for its discovery abuses. Directions. 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. I was sent partial history of account.. 1995)). 7410 S Roosevelt St Ste. 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. Bank of America really cost me a lot of money for their role in this sale to an unscrupulous company. Learn about the FDIC's mission, leadership, history, career opportunities, and more. Tempe, AZ 85283. I thought it was going to be a pain but Greentree was actually great to deal with. Following the jury verdict, North American renewed its motion under Rule 50(b). [1], 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. 2003)). Florida Office R. Chris Cottone Greentree Financial Group, Inc. 1000 S. Pine Island Road, Suite 210 Plantation, FL 33324 Get free summaries of new Eighth Circuit U.S. Court of Appeals opinions delivered to your inbox! How can this be??? Wish me luck. Recommend. Servicing Corp. v. North American Mortgage Co., 24 Fed.Appx. 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. 966, 968 (E.D. 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. We find sufficient evidence of "malice or outrageousness" as defined by Missouri law to permit an award of punitive damages in this case. 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. We paid by automatic draft, which we had to pay the service fee of twelve dollars to make payments. Bristol also testified that he began his employment with North American on June 30, 2000, but did not resign his position with Conseco until July 12, 2000. Multi Location Business. Visit the following to file claim or get information about filing claims etc: you need to exercise patience as the telephone numbers doesnt seem to work. In 2012, I began paying my own taxes and insurance. Owning a mobile home we learned the hard way no one wants to help you. We paid until 2018 July. What Mortgage Rate Can I Get With My Credit Score? 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. All rights reserved. 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. Related documents Order Complaint FTC Press Release Press release However, a post-trial motion for judgment "`may not advance additional grounds that were not raised in the pre-verdict motion.'" [13] In November 2012, Ditech was formed from assets of the estate of GMAC ResCap during the bankruptcy proceeding. 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. Mo. Greentree Financial Profile and History . Nice article. Green Tree was so bad it was listed on CA Department of Business Oversight and under strict conditions as to how to handle mortgages. .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! Who do we talk to about a lawsuit? And, interestingly, much of the improper activity occurred after Conseco filed suit, further reflecting the reprehensibility of North American's actions. 1994)). Between Green Tree and the Mobile Home Park Manager of the Mobile Home Park. [18], Also in May 2014, Ditech announced new correspondent banking products and services including MyCommunityMortgage, FHA Program, Expanded LMPI, and Freddie Only. I was never late during the five years. Yeah, I almost deserve this. Ditech added money on to my principal? Ops manager used to try to say no one uses restroom first 3 hours of shift. What happened Greentree Mortgage? Greentree has done everything than can think of to get my home. Id. Find 1099 listings related to Greentree Financial in San Antonio on YP.com. Wow same crap happening to my dads mortgage. By the end of August, Green Tree will be no more. Not stressful at all. I was forclosed on just before the lawsuit was awarded and Ditect are still sending me statements to pay morgage payments? Further, because the common law and the statutory elements of the claim remain the same, any resulting error would likely be harmless. ", 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. The current range of Greentree modules covers the key areas of Financials, Distribution and Job Management. During this same period, Conseco's mortgage service division downsized. In 1995, John Paul Reddam founded DiTech Funding Corporation (DiTech) in Costa Mesa, California. [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. Are there a class action lawsuit against ditech with all the forgery and false information, Im in South Carolina. Our online loans service can give . For guests with a vehicle, free parking is available. I was evicted and thrown out of my Mobile, in the pouring down rain! 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 2019 had a devastating hail storm that ruined my house 40,000 in damages and never could get ditech to repair the damage so I had my bankruptcy revised and took ditech off.