But in what amount? You're all set! GT was calling me day and night telling me I was short on my escrow account. By the end of August, Green Tree will be no more. 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." We, however, affirmed the decision of the district court to deny the injunction. In response, Conseco contends that North American failed to comply with the requirements of Fed. 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. Greentree's escape came after her captor forced the young surfer to call home and demand money in exchange for her freedom. Who has my payment records from Green Tree and Ditech for the Making Home Affordable Plan which will prove timely payments so i can get the credits and incentives I deserve? If you dont mind please contact me at 409-277-0420 Im in serious need of advice. However, a corporate defendant is required to pay punitive damages so long as the employees were acting within the scope of their employment. There needs to be a class action lawsuit against these arm twisting loan sharks! As such, it captured over 25 percent of that business by 1993. Vigoro contended that the names of 200 former customers constituted a trade secret. Jul 22, 2010 09:17 AM Like Anonymous Vikki Shore If specificity is lacking, judgment as a matter of law may neither be granted by the district court nor upheld on appeal unless such a result is "`required to prevent manifest injustice.'" Servicing Corp. v. North American Mortgage Co., 24 Fed.Appx. And for mortgages already in a loan modification program, Green Tree must honor loss mitigation agreements entered into by the prior loan servicer. Upon arriving at North American, Bristol gave these names and numbers to loan originators as leads, who contacted these former Conseco customers. What Mortgage Rate Can I Get With My Credit Score? 2003). Please add our name to your Class Action Suit. Conseco appealed the district court's denial of injunctive relief as to its "raiding" claim. 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. Further, we are satisfied with the sufficiency of the evidence supporting the jury's award of punitive damages. I told them they were charging me 3x my payment and I had made them on time. The company has filed for Chapter 11 Bankruptcy for the second time in 14 months. North American sought this information in an attempt to pursue Conseco's loan customers and business leads. But the company is not closing. We find sufficient evidence of "malice or outrageousness" as defined by Missouri law to permit an award of punitive damages in this case. Such challenges must be sufficiently specific so as to apprise the district court of the grounds relied on in support of the motion. Trying to get a lien release from green tree. 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. I have bank statements proving money was taken out and cashed to them and mortgage statements proving the money was never applied to my loan. 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. 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. Have ALL original documents. And how does this company get away with this by changing their name constantly. [9][10], In February 2010, GMAC relocated ditech.com offices from Costa Mesa to Fort Washington, PA.[11] In May 2010, GMAC changed its name to Ally Financial. Id. Co., 333 F. Supp. 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. [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. The . Recommend. They then changed their name to Ditech which was just as bad or worse and then filed bankruptcy, selling off the mortgages, who is not much better. Nice article. How will former employees be compensated for their income lowering and workload doubling? Williams v. ConAgra Poultry Company, (slip opinion August 6, 2004). The transition concluded in the second half of 2015. But, to no avail. Pros. The FDIC has assembled useful information . We will not set aside the jury verdict unless there is a complete absence of probative facts to support the verdict. I wonder if Green Tree will go out of business because of this. 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 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." But according to a $63 million settlement announced by the FTC and CFPB, rather than service, Green Tree gave many homeowners the business.. Podner testified that the number was substantial. 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. In 1995, John Paul Reddam founded DiTech Funding Corporation (DiTech) in Costa Mesa, California. Terrence J. O'Toole of St. Louis appeared on the brief. We will consider the evidence in the light most favorable to the verdict, giving the prevailing party the benefit of all reasonable inferences, Id. .. Wish me luck. The Court, however, went on to note that " [w]hile these ratios are not binding, they are instructive. It was their error. You might be able to get more info by calling 1-877-FTC-HELP (1-877-382-4357). In 2003 we refinanced this home through US Bank, however, whenever that was done apparently US Bank never got a CLEAR title on our mobile home. Said she could only change excess payments for past 3 months. Consistent schedule, decent pay. Greentree Financial Group's phone number is (954) 424-2345 What is Greentree Financial Group's official website? My mortgage was with Bank of America for 15 years started 2002 January. Shaking my head. In order to avoid this constitutional infirmity, the punitive damages award must be remitted to $7 million, an amount that is sufficiently punitive, but that does not violate notions of fundamental fairness. Furthermore, Conseco takes reasonable steps to ensure the secrecy of these files. You already receive all suggested Justia Opinion Summary Newsletters. I was used and abused by greentree ditech until January 30, 2018 when I refinanced and went with another provider all together! Is it still possible to be compensated? Youre in pure hell anyways dealing with all the headaches and harassment they give you!!! 2003). The parties then chose an arbitrator, indeed . They are nothing but crooks. They harassed me so much while my husband was undergoing chemotherapy with Stage 4 Colon Cancer. 655 (8th Cir. 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. Bristol also returned a number of documents at his deposition, in accordance with the district court's TRO. Therefore, Conseco established a second misappropriation claim in regard to those specific loan files copied by Podner just prior to his resignation from Conseco. None of the contact #s I have called do not make contact with any Green Tree, Ditech or Shellpoint. San Francisco, 69 F.3d 1184, 1188 (1st Cir. What happened Greentree Mortgage? North American competes for individuals in the same market. Normally I just pay my bills without looking at where the money goes. 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. Auto. However, the Court also explained that when compensatory damages are substantial, "perhaps [a punitive award] only equal to compensatory damages" may be appropriate. I refinanced with an actual bank since 2016 and I have no problems. I feel I was ripped off became homeless because of Green Tree. It did not, and by failing to do so, North American forfeited its argument to the extent that it was not forfeited by the failure to assert those grounds in their Rule 50(a) motion, We agree with the district court that the common-law claim of unfair competition has likely been replaced by the statutory offense described in the Missouri Trade Secrets Act. Terms of Service. Registered Address GREEN TREE FINANCIAL SERVICES CORP, 8424 SANTA MONICA BLVD. It is important to note that this is a foreign filing. Please put my name on a Class Action Suit. I was diagnosed with breast cancer and just asked for a little guidance from them. Thank you. Florida Office R. Chris Cottone Greentree Financial Group, Inc. 1000 S. Pine Island Road, Suite 210 Plantation, FL 33324 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! All crooks. Walsh, 332 F.3d at 1158 (quoting Cruz v. Local Union No. I sent cerified letter to the address Ive been sending my payment. [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. Adherence to the rule is mandatory. 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. CFN Investment Holdings will pay $700 million. Borrow Brightly. 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." This is actually still happening. On this Wikipedia the language links are at the top of the page across from the article title. Both motions were denied by the district court, and the case was submitted to the jury on Conseco's claims of unfair competition and tortious interference. App. Workers, 34 F.3d 1148, 1155 (2d Cir. [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. I was never late during the five years. Calls throughout the day and weekend threatening jail time and foreclosure. Sanchez, 37 F.3d at 723. Walsh, 332 F.3d at 1158. They were scamming the homeowner and the workers. 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. 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. Podner did not specify the exact number of loan applications copied. Wow same crap happening to my dads mortgage. It then entered an injunction against North American, Podner, and Kattleman from soliciting customers who had documents taken from their loan files. Nothing happened. We would only have 7 years left, if we didnt do this. I paid extra on my home every month until I got hurt on the job. However, he speculated that as many as ten of these former Conseco customers could have switched their business to North American. See Mo. 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. Id. I would hate to be the insurance company that underwrote the surety bond for Green Tree. We will leave the question of whether tortious interference remains an independent claim to another court and another day. North American argues that the award is based solely on its net worth and is so excessive that it violates due process. Additionally, Conseco produced evidence that Podner made copies of an unspecified number of customer loan files shortly before his resignation. 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.
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