Never explained that they were going to do this. 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.'" Walsh, 332 F.3d at 1158 (quoting Cruz v. Local Union No. Accordingly, we find no error in the submission, This figure is based on the net worth of North American Mortgage, a division of Dime Savings Bank of New York. what happened to greentree financial. Mo. How do I get answers on how to receive money back from my home. Multi Location Business. They sent me wrong documents, pretend they dont have them and are also scamming borrowers. As to the third Gore guidepost, North American concedes there is "no precise cognate in Missouri criminal law," but attempts to use the Missouri commercial bribery statute, RSMo 570.150.1(3). I am trying to get the deed/title to my home. (Jul-23-03) [PIONEER PRESS] After the preliminary hearing, the district court entered a narrowly-tailored injunction. But because of there high interest fees. I was a victim of this as well from Green Tree, but I never received anything regarding this class action lawsuit. They keep selling the mortgage to different companies. Greentree Financial Profile and History . Ripoff Report on: Greentree Financial - Greentree financial broke the law calls in one day lugoff south carolina Tried to get relief through an attorney has messed over me. The lead sheets are a product of a specialized-and apparently quite effective-computer program that was uniquely Conseco's. Id. Vigoro contended that the names of 200 former customers constituted a trade secret. Corp. v. KCBS, Inc., 910 S.W.2d 329, 331-332 (Mo.App.1995). So disappointing! 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. 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. Adherence to the rule is mandatory. Yeah, I almost deserve this. I have been a Victim of Greentrees theft since January 2014 when I made a payment on my mortgage but it wasnt applied to my loan. and (3) Will the victims be required to apply for a settlement? Nice article. If thats not enough, Green Tree also allegedly called delinquent borrowers seven to 20 times a day if they were two weeks or more past due, sometimes as early as 5 A.M. or as late as 11 P.M. 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." T213. Id. We will consider the evidence in the light most favorable to the verdict, giving the prevailing party the benefit of all reasonable inferences, Id. Sanchez, 37 F.3d at 723. [2] In May 2014, Ditech announced its re-entry to the U.S. housing market. At the close of the evidence, North American sought judgment as a matter of law arguing that the there was no causal connection between the alleged wrongdoing and the damages. Please help! Every time I made my payments just about all of my payment was going in to the interest fees, instead of paying down on the principal. Statement shows a breakdown of current payment due in terms of principal and interest. Conseco counters that while some of the information within these lead sheets can be harvested from these two sources, its proprietary computer program provides a unique depth of information that cannot be obtained from alternative sources and its loan files contain confidential customer information. On appeal, the district court's determination of punitive damages is reviewed under an abuse of discretion standard. Such an objection7 is simply not sufficient to preserve, and certainly cannot be read to encompass, the legal theories underlying North American's Rule 50(b) motion and this appeal (submissibility of the claim). Mathias v. Accor Economy Lodging, Inc., 347 F.3d 672, 676 (7th Cir. They have doubled my monthly mortgage beyond my ability to pay even if I way not a disable vet. 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. In response, Conseco contends that North American failed to comply with the requirements of Fed. Website. Zachar, 363 F.3d at 72 (quoting Correa v. Hosp. We will leave the question of whether tortious interference remains an independent claim to another court and another day. 1984). Furthermore, even if North American's pre-verdict objection could be construed as a challenge to the submissibility of the unfair competition claim,8 the tortious interference judgment remains. .. I was going through a really hard time, I fell on hard times, I called green tree to try to talk to them because I was not able to make my payments. I never received any kind of notice about a Class Action Law Suit. Be safe Family n friends. Cir. The Mortgage Refinance Process: Step-by-Step Guide, How to Lower Your Mortgage Rate Without Refinancing. Sys. 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. In 2006, ditech.com general manager Michael McCarthy resigned and was replaced by Richard D. They prey on people who are down on their luck with bad credit. My current mortgage service provider will not let me cancel the escrow account they set up because they are charging me 14 months taxes and insurance instead of 12 just in case it increases and I never get a refund of any excess money they collect and no idea where it goes. 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! Id. Greentree's escape came after her captor forced the young surfer to call home and demand money in exchange for her freedom. State Farm, 538 U.S. at 425, 123 S. Ct. 1513 (citing Pacific Mutual Life Ins. Was or used there a class action lawsuit because Id certainly be onboard. The company has filed for Chapter 11 Bankruptcy for the second time in 14 months. GREEN TREE, Pa. . Claim this business. Ditech has sold my mortgage to Loancare another thug company with outrageous fees and terrible customer service, if thats what you want to call it!? 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. Am., 408 F.2d 500, 503 (8th Cir. I had a loan with Greentree which the company did unlawful practices who do I reach out to for compensation. Youre in pure hell anyways dealing with all the headaches and harassment they give you!!! Conseco also asked that North American return all of the information that it had acquired from Conseco's former employees. STE. I can take your house! yelling at me. 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. [3] In April 1995, Reddam began originating, selling, and servicing mortgage loans tied to the prime interest rate. And yes, they do call several times a day. 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. 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. She is being bamboozled herself. What Mortgage Rate Can I Get With My Credit Score? Our online loans service can give . Well GreenTree Financial went bankrupt and their accounts were taken over by Conseco Financial. How can I settle with them without paying. However, we cannot allow the punitive damage award to stand at $18 million, and remit the award to $7 million. Green Tree moved to compel arbitration. The company's unusually aggressive collection methods and other business practices are in question. 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. [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. [7], In March 2013, Ditech was acquired by Walter Investment Management Co. from Ally Financial, the former GMAC ResCap. 1981); Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir. Rapid Growth: Mid-1980s Through the Early 1990s Satisfied with its recipe for acquiring and improving insurance companies, Conseco stepped up its acquisition efforts in 1986. If anyone has a working Phone # or email address I can use to address my Title issue, please let me know . It has been hard to get a loan for anything else. Upon arriving at North American, Bristol gave these names and numbers to loan originators as leads, who contacted these former Conseco customers. 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 . I previously was sending my mortgage payments to Ditech now Im currently sending the payments to Shellpoint Mortgage. Having concluded that these lead sheets and loan files constitute trade secrets, we must next consider whether Conseco produced evidence of actual or threatened misappropriation of these trade secrets. They settled for $5500 (BOA paid $3k and my Seller paid $2500) and Greentree WAIVED THEIR DEFFICIENCY RIGHTS!!! And will not tell me nothing, except, paid your payment, my lawyer told me I dont miss payments. 2003). P. 50 in its request for judgment as a matter of law and thus has not preserved this argument for appeal. P. 50(b); Martin H. Redish, 9 Moore's Federal Practice 50.41 (3d ed.2003). Kimzey v. Wal-Mart Stores, Inc., 107 F.3d 568, 576 (8th Cir. Wow same crap happening to my dads mortgage. My name is Margaret Heath my home was stolen Jan 2012 by Greentree. Rockport Pharm., Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 197-98 (8th Cir. CitiMortgage, Inc. or Citicorp Home Mortgage Services, Inc. are successors in interest to CitiFinancial Servicing and the below named companies through acquisitions, mergers or name changes and no longer has any security interest as lienholder. [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. On this Wikipedia the language links are at the top of the page across from the article title. 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). They are all in this together I trust none. To whom should I write or should I call regarding compensation from Green Tree also known as Greed Tree. thank you Jill Hardwick. Auto. Welcome to GreenTree Inn Santa Fe at Cerrillios Road, a nice option for travelers like you. I cant pay this at all. However, these were not the "specific grounds" on which North American argued below. After all, a payback journey that's good for your credit is really what matters. 966, 968 (E.D. We paid our home off but greentree said we owed another $17,000. Further, we are satisfied with the sufficiency of the evidence supporting the jury's award of punitive damages. The instant appeal ensued. [7] Institutional partners can price, lock and deliver individual loans through the Ditech website. You might be able to get more info by calling 1-877-FTC-HELP (1-877-382-4357). Will be contacting legal specializing in mortgages tomorrow. Detroit Home Buyers Offered Zero Down Mortgages Up to 150% LTV, Mortgage Lenders In Europe Now Owe Their Borrowers Interest, How to Get a Mortgage: From Start to Finish. Conseco filed a three-count complaint alleging 1) misappropriation of trade secrets, 2) unfair competition, and 3) tortious interference with business relations. 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 Financial Group, Inc. | 88 followers on LinkedIn. I had to call them while working and my coworkers heard then yelling & threatening me if I was late. 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. My credit score was above 780, with no late payments. Id. 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 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. Sent payoff check but unable to receive Satisfaction of Mortgage because they want more money. The corporation originates, pools, sells, and services manufactured home loans using a vehicle known in the industry as conditional sales contracts. 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 am a single parent I had a house fire it was total loss Green Tree kept calling about the insurance check when insurance paid I gave check to Green Tree which should have paid my house off instead I had to pay the remaining balance to them and me and my children had no place to live. If you dont mind please contact me at 409-277-0420 Im in serious need of advice. The rep became short with me. 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. Have been layering and looking for help. From loan selection to approval and closing, we reduce the complexities and hassles involved in the entire process. Zachar, 363 F.3d at 74 (quoting Davignon v. Clemmey, 322 F.3d 1, 13 (1st Cir. Counsel who presented argument on behalf of the appellee was David G. Wasinger of St. Louis, MO. 1969)). Who can I contact file a class action lawsuit against Green Tree, and Ditech? Anybody know of a good company to refinance with? Contact Information. Because we have found adequate evidence of the existence of a trade secret, we need not address North American's argument. 1994), aff'd in relevant part, 82 F.3d 785 (8th Cir. Pony Comp., Inc. v. Equus Comp. WOW so I have read alot of these stories and not surprised at all after what they did to us. Contacting Green Tree Servicing - by phone or otherwise. I pissed when I want as no man woman or child will ever decide when I piss but that is inhumane. 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." Ark. 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. Conseco Fin. 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. However, the district court denied North American's summary judgment motion relating to misappropriation of lead sheets, documents in Conseco's loan files, unfair competition, and tortious interference with business relations. [5][3] DiTech became a household name as a result of the commercials. I am still trying to get the documents from current mortgage service provider and having hard time. GT was calling me day and night telling me I was short on my escrow account. No Company should be able to charge the high of interest fees, plus I was charged for phone transactions. 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. Id. They're awesome! Co. v. Campbell, 538 U.S. 408, 419, 123 S. Ct. 1513, 155 L. Ed. Additionally, Conseco produced evidence that Podner made copies of an unspecified number of customer loan files shortly before his resignation. The company held sponsorships on Hendrick's part-time #44 car, as well as the #87 car on Busch Series level. 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." They told me to pay my payments or lose my mobile home. Rule 50(a) requires that challenges to the sufficiency of the evidence must be raised initially at the close of the evidence. 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. However, the record is clear that the district court repeatedly rejected Conseco's requests that it be allowed to introduce evidence of North American's discovery abuses. 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." 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. Since inception in 2013, New Residential has a proven track record of performance, growing and protecting the value of its assets while generating attractive risk-adjusted returns and delivering almost $3 billion in dividends to shareholders. Youll be paying these peoples to your Death. Additionally, the company supposedly charged customers $12 for its pay-by-phone service and pressured borrowers into using it to ensure their payments were received on time. R. Civ. However, the jury (and the district court) rejected this theory, opting for an alternative explanation-North American's desire to expand into the subprime market, at any cost.14 North American has not shown that the jury's assessment of the facts was unreasonable. Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. 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. at 416-417, 123 S. Ct. 1513 (2003). If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. I too was with BOA and while my home was in remod with BOA they dropped me & sold my loan. For the foregoing reasons, we affirm the opinion of the district court in part and reverse in part. I told them they were charging me 3x my payment and I had made them on time. Id. Also notifying new media. 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. R. Civ. In other words, the movant cannot use a Rule 50(b) motion "as a vehicle to introduce a legal theory not distinctly articulated in its close-of-evidence motion for a directed verdict." I would like to have my house back. This company or like vultures and dont care whom they may devour. 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. Kattleman testified that he was uncertain as to exactly how the customer loan files came to be located in his office at North American. I received my first notice from Ditech that my mortgage was in arrears..after speaking with several CSD representatives.. 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. ALWAYS trouble. The parties proceeded to a trial on the merits for these issues. No one seems to know. Your email address will not be published. Can be redundant listening and scoring calls and there is alot of Grey areas when comes to scoring which can be a tead bit frustrating. The court also defined "readily ascertainable" to mean that the plaintiff did not spend a great deal of time or effort compiling that information. Several of these former Conseco employees resigned after receiving solicitations from North American. Another of North American's witnesses, Perry Schatz, testified only five percent of Conseco's leads result in a funded loan. Today, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) ordered Green Tree Servicing to pay $48 million in borrower restitution along with a $15 million fine to the CFPB's Civil Penalty Fund.
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