At trial, Conseco's evidence established that thousands of Conseco's lead sheets were in North American's possession, that employees worked simultaneously for both companies, that Conseco's loan documents were faxed to senior management at North American, and that employees from several of Conseco's offices had taken Conseco's loan documents to North American.3 Conseco offered expert testimony that approximately five percent of Conseco's lead sheets result in funded loans, each with an average-net profit per loan of $4,000. Shellpoint whatever the heck its called now has been a complete nightmare. Also, North American's senior manager, Wade Hershel, received faxes containing Conseco loan documents originating from Conseco's St. Louis branch office from loan originators with this clandestine dual-employment status. But because of there high interest fees. 1981); Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir. 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." 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. Was or used there a class action lawsuit because Id certainly be onboard. Galdieri-Ambrosini v. Nat'l Realty & Dev. They are saying it may have been lost in the mail but they refuse so far to make it right. The Mortgage Refinance Process: Step-by-Step Guide, How to Lower Your Mortgage Rate Without Refinancing. If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. Between Green Tree and the Mobile Home Park Manager of the Mobile Home Park. Paid almost every payment with a convenience fee. In the year 2000 his salary increased to $400,000. 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. 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. Mo. 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. On appeal, North American questions not whether Conseco proved sufficient connection of its damages to North American's alleged wrongful conduct but whether Conseco proved it had incurred damages at all. For its first assignment of error, North American directs our attention to Conseco's unfair competition claim that is founded on North American's alleged misuse of Conseco's trade secrets.5 North American argues that the district court erred in its initial decision to submit this claim to the jury and then in its subsequent declination to grant a judgment as a matter of law. 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. At the preliminary hearing, Bristol testified that he and the other Conseco employees were put on the payroll of North American on June 30, 2000, for "benefits purposes," and that they did not work for both companies at the same 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. As the name suggests, Green Tree Servicing was supposed to service homeowners' mortgages by collecting and crediting monthly payments. Green Tree moved to compel arbitration. I too was with BOA and while my home was in remod with BOA they dropped me & sold my loan. 1998). 1971) (stating that it is "generally held that an agent's malice is imputable to the corporation making the latter liable for malicious, willful or criminal torts of its agents or employees within the scope of their employment"). Ruby M Eisenring 321-333-2271, We refinance our home with Greentree which eventually transferred to Ditech. On April 11, 2006, Greentree Financial Group, Inc. (Greentree), sued Execute Sports, Inc. (ESI), for breach of contract. By his own admission, Keeler's increased compensation was due in part to his work in the company's subprime market expansion. The second, Kevin Podner, a former area manager from Conseco's office in Springfield, Illinois, testified that shortly before his resignation from Conseco, he made a copy of a substantial number of loan applications on which he had worked during his time with Conseco. Emmenegger v. Bull Moose Tube Co., 324 F.3d 616, 619 (8th Cir. 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. In 2010, my morgage was sold from BofA to Greentree Servicing LLC. Please put our name on a Class Action Suit. . We tried to refinance with another company and they caused problems with that and we ended with not being able to do that. [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. 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.'" All the previous comments about them (green tree) are so accurate (ditech) as well the crazy hour calls, the threats of throwing me out of my house. If anyone has a working Phone # or email address I can use to address my Title issue, please let me know . I wonder if Green Tree will go out of business because of this. The company's unusually aggressive collection methods and other business practices are in question. Williams v. ConAgra Poultry Company, (slip opinion August 6, 2004). This company or like vultures and dont care whom they may devour. Walsh, 332 F.3d at 1158. I had a modification done with Bank Of America. James S. Cole of St. Louis appeared on the brief. Am., 408 F.2d 500, 503 (8th Cir. There needs to be a class action lawsuit against these arm twisting loan sharks! Its unclear how much compensation each borrower will receive, but victims who receive money from this enforcement action can also pursue their own individual claims against the company. We agree that both the lead sheets and the information contained in these customer files constitute trade secrets under the act. 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 was diagnosed with breast cancer and just asked for a little guidance from them. I would end up hanging up and they repeatedly called me plus after 9pm trying to harass me more. He was the utmost rude one. 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! North American moved for summary judgment, and the district court granted North American's motion as to misappropriation of customer lists and certain financial information. I am pretty sure this will never get taken care of after reading all the comments. 2d 585 (2003) (quoting Gore, 517 U.S. at 575, 116 S. Ct. 1589). Pros. In mid-2022, Ditech posted a notice regarding distribution of any unclaimed borrower funds remaining in the Ditech estate. Ripoff Report on: Greentree Financial - Greentree financial broke the law calls in one day lugoff south carolina 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. 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. And yes, they do call several times a day. The transition concluded in the second half of 2015. By the end of August, Green Tree will be no more. 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." 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. Greentree has been continually harassing. Your email address will not be published. It specializes in "servicing" (debt-collecting) subprime residential mortgages. Just paid off a home and was going to sell and it has a lien on it. Now Green Tree has placed Lien on a separate Property I have already paid off. Yes it happened to me, I bought a mobile home and Greentree was my lender for 240 months payments, I was behind one month, they call me and threaten me by making my credit bad, and take my home, so I did a direct deposit, for 20 years, total 240 months. After 2 years of accepting the calls. 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. I had a loan modification with bank of america,the loan were sold to greentree and they cancel the modification,now i have been out of the house for 5months,and they havent made a move to toward claiming or taken control of this property,wish is theirs. [7], In March 2013, Ditech was acquired by Walter Investment Management Co. from Ally Financial, the former GMAC ResCap. CEO Approval. Conseco asserts that Kevin Kattleman, Kevin Podner, and Scott Bristol all removed customer loan files-or copies of the files-from Conseco's offices. The district court, however, denied Conseco's remaining request for injunctive relief relating to North American's solicitation of its employees. Bristol also testified that before leaving Conseco, he compiled a list of 100 to 200 customers who had previously engaged in business with Conseco. A due process violation occurs when the punitive damages imposed by the jury are grossly excessive. Sent payoff check but unable to receive Satisfaction of Mortgage because they want more money. My mortgage was with Bank of America for 15 years started 2002 January. 1995)). 655 (8th Cir. 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. North American also claims that these individual indiscretions do not amount to "corporate" wrongdoing by North American. We paid until 2018 July. They tried to triple my mortgage payment when I paid what my mortgage payment actually was and had been for long time. Id. Must Convert Temporary Loan Mods into Permanent Ones. Conseco filed a three-count complaint alleging 1) misappropriation of trade secrets, 2) unfair competition, and 3) tortious interference with business relations. Who do I need to contact to get additional info about this claim? My Manager sold my Mobile Home to a Mexican for like $500.00 When I was thrown out of my home I still owed like $33,000.00 on my Mobile Home. Indeed, through possession of these loan files, Conseco is in a unique position of being able to analyze its customers' specific financial needs and identify those current customers who may need additional Conseco financial services. Green Tree is also barred from transferring loans in loss mitigation in or out of the company without all the proper paperwork and records in place. 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. 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. Podner said he copied the files in order to aid an employee who wished to make the transition to loan originator. 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. They did without letting me know, if I dont pay, they take my home. Pursuant to the requirements of the Order, The estate is no longer able to further process the return of any unclaimed borrower funds. 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 . And how does this company get away with this by changing their name constantly. Green Tree Acceptance, Inc. filed as a Foreign For-Profit Corporation in the State of Texas and is no longer active. Now, i cant get in touch with anyone to get my balance? Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). Have ALL original documents. Several of these former Conseco employees resigned after receiving solicitations from North American. 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. In response, Conseco contends that North American failed to comply with the requirements of Fed. By the end of August, Green Tree will be no more. thank you Jill Hardwick. [7] The strategy encompasses direct consumer lending and correspondent lending. 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. I thought it was going to be a pain but Greentree was actually great to deal with. I cant pay this at all. How can I stop getting statements from them? The company held sponsorships on Hendrick's part-time #44 car, as well as the #87 car on Busch Series level. at 619, and we will not judge the credibility of the witnesses or weigh the evidence. However, because North American failed to properly preserve the displacement question we need not decide the issue conclusively. Even worse, delinquent borrowers who called Green Tree were automatically routed to debt collectors rather than a loss mitigation specialist. It always appears that I am behind in payments when I am really 2 months ahead. She is being bamboozled herself. Does anyone know who to call for me to claim my refund? However, because of the significant variance between the large actual damage award and the resulting punitive award, we must consider the nature of North American's conduct and the harm suffered solely by Conseco. What Mortgage Rate Can I Get With My Credit Score? The instant appeal ensued. Greentree Financial Group, Inc. | 88 followers on LinkedIn. Get free summaries of new Eighth Circuit U.S. Court of Appeals opinions delivered to your inbox! Is it still possible to be compensated? We had a home equity line with them and ended up borrowing from my parents to pay it off. And, one of North American's senior managers, Carrie Hiatt, knowingly authorized Rick Lasek to work in North American's Des Moines office while Lasek was still employed by Conseco, There was evidence of wrongdoing in several North American locations including: St. Louis, Missouri; Collinsville, Illinois; Springfield, Illinois; Wichita, Kansas; Davenport, Iowa; Colorado Springs, Colorado; and Overland Park, Kansas, North American's senior manager in charge of the company's expansion into the subprime market, Ken Keeler, received compensation based on loan production. 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. Walter Investment Management Corp. acquired Green Tree in 2011, and in August 2015, Green Tree Servicing and Ditech Mortgage Corp. linked up to create Ditech Financial LLC, also owned by Walter. Terms of Service. Greentree Financial Group, Inc. 19720 Jetton Road, 3rd Floor Penthouse Cornelius, NC 28031 (704) 892-8733 Office (704) 892-6487 Fax mikebongiovanni@gtfinancial.com. A structured process drawing out and defining with you what your vision is of your future. Working with you to see the big picture, tailoring advice driven by your priorities that can the n be addressed through a structured and consistent plan. Financial Services. Corp., 136 F.3d 276, 286 (2d Cir. 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. They could not find where I owed the money.. Wish me luck. We are satisfied that North American's conduct was sufficiently reprehensible to support the jury's award of punitive damages. Greentree has done everything than can think of to get my home. 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." Helping Clients With Custom Financing Options And Consulting Services, Greentree Offers Direct Financing And. The Court, however, went on to note that " [w]hile these ratios are not binding, they are instructive. 2001). By selecting Greentree Mortgage Company, LP, you have chosen a lender who understands your needs, and is committed to improving your financial future. Ive been trying to get a short sale with Greentree since May of 2014. Green Tree caused me to have anxiety attacks and depression!! Mathias v. Accor Economy Lodging, Inc., 347 F.3d 672, 676 (7th Cir. See Fed. Although it is undisputed that the lead sheets themselves are not generally accessible to the public, North American asserts that much of the information contained within these lead sheets can either be purchased from various credit agencies or found in mortgage records, all of which are accessible to the public. Such challenges must be sufficiently specific so as to apprise the district court of the grounds relied on in support of the motion. Add my name to whatever I am tired of getting a run around. R. Civ. The Manager had my car towed away, and I couldnt afford to get it out of impound. PITTSBURGH Three people have been arrested in connection to a shooting in Green Tree on Monday evening. Cash Out vs. HELOC vs. Home Equity Loan: Which Is the Best Option Right Now and Why? My payments went back up to what they were before the nodification. 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 . They were awful. I had one gentleman that called daily multiple times threatening me over and over. Yearly bonus is a plus. P. 50(a) (2) (stating that litigants must "specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment."). We have looked carefully at Greentree Financial Advisors and have found numerous inconsistencies and problems that send the message, "Stay away!" There is a world of difference between expert reviews created by our team with years' experience investigating investment frauds and reviews by so-called customers you may find on some sites. All we got was harassing calls all day long and at my husbands job. In early August 2000, Conseco sent a letter notifying North American's legal department of the misconduct by Scott Bristol and his loan originators and asking that it stop. Last month, HousingWire reported that Green Tree's days were numbered, after Green Tree's parent company, Walter Investment Management Corp. ( WAC ), announced quietly that it planned to merge. union high school football coach, how to cancel closet candy boutique stylist, difference between survivor and beneficiary calpers,
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