Walsh v. National Computer Systems, Inc., 332 F.3d 1150, 1158 (8th Cir. This list included the names and phone numbers of these customers. The Manager had my car towed away, and I couldnt afford to get it out of impound. Conseco's Employee Handbook specifically states that "non-public information about customers, dealers, and others is strictly confidential." Greentree's escape came after her captor forced the young surfer to call home and demand money in exchange for her freedom. The caller informed Mambretti that all of his personal financial information-which he had entrusted to Conseco-had moved with the loan originator to North American's St. Louis office. [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. On appeal, the district court's determination of punitive damages is reviewed under an abuse of discretion standard. Terms of Service. They were awful. And how does this company get away with this by changing their name constantly. As such, it captured over 25 percent of that business by 1993. [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. I had a modification done with Bank Of America. The lead sheets are a product of a specialized-and apparently quite effective-computer program that was uniquely Conseco's. [7], In March 2013, Ditech was acquired by Walter Investment Management Co. from Ally Financial, the former GMAC ResCap. 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. Sounds like there needs to be a class action lawsuit. Id. The district court, however, denied Conseco's remaining request for injunctive relief relating to North American's solicitation of its employees. It is clear to us that Conseco derives economic benefit from this information. In the year 2000 his salary increased to $400,000. 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. As the name suggests, Green Tree Servicing was supposed to service homeowners' mortgages by collecting and crediting monthly payments. 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. It appears to me that they came up with this idea claiming not receiving it in the mail to not pay all or some. [3] The company's name was derived from the phrase direct technology.[3][4] DiTech became one of the first lenders to offer mortgages to the public online and via a toll-free number. North American argues that the award is based solely on its net worth and is so excessive that it violates due process. Touch with the entity that is hosting the class action. I was evicted and thrown out of my Mobile, in the pouring down rain! I did call Ditech. We were taking $10,000 a year in losses and there was no end in sight. 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." It also granted summary judgment in North American's favor as to solicitation of employees and participation in breach of fiduciary duty. Most notably, Conseco's management decided to discontinue loan services in the subprime lending market. This provision of the Act provides a safety valve for a party to an arbitration agreement who does not consent to the other party's choice of arbitrator. 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. Green Tree was so bad it was listed on CA Department of Business Oversight and under strict conditions as to how to handle mortgages. You can explore additional available newsletters here. 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. There needs to be a class action lawsuit against these arm twisting loan sharks! The balance of the second was about $55k. The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation's financial system. 655 (8th Cir. 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. I wish I new all this stuff was going with Green Tree Financial. P. 50(a) (2). Financed through Greentree in 1995 then went to ditech then shellpoint aka new rez llc even more shady. 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. 2006 - 2023. I am trying to get the deed/title to my home. Id. Ive been trying to get a short sale with Greentree since May of 2014. . 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.'" Mark S. Wasinger and John B. Morthland of Hannibal, MO appeared on the brief. However, because North American failed to properly preserve the displacement question we need not decide the issue conclusively. Who do I need to contact to get additional info about this claim? They are all in this together I trust none. Its showing on my credit report that Im late , 60 days. Id. Recent filings for GREEN TREE FINANCIAL SERVICES CORPORATION 22 Nov 2010 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. I have a mortgage with Ditech (prev Greentree). And, interestingly, much of the improper activity occurred after Conseco filed suit, further reflecting the reprehensibility of North American's actions. See Mo. 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." I paid extra on my home every month until I got hurt on the job. We paid by automatic draft, which we had to pay the service fee of twelve dollars to make payments. They settled for $5500 (BOA paid $3k and my Seller paid $2500) and Greentree WAIVED THEIR DEFFICIENCY RIGHTS!!! I got mad, I never refinance my mortgage. This corporate entity was filed approximately forty-seven years ago on Friday, January 16, 1976 , according to public records filed with California Secretary of State. Then they send me a statement that I still own them 20 thousand more. If you type I. Greentree complaints it should come up if the site has not been taken down. Conseco also filed a motion for a temporary restraining order prohibiting certain North American employees from taking, using, or disclosing documents from Conseco's loan files, and to return any information taken from Conseco's files. In 2010 I applied for a Making Home Affordable Plan and made every payment on time and earned the incentives. I was wondering how your situation turned out so good for you in court? ORDER: Sever the trial to foreclosure non jury trial and counter claim, jury trial. 21 Things That Can Raise Your Mortgage Rate. You might be able to get more info by calling 1-877-FTC-HELP (1-877-382-4357). (800) 700 . Jul 22, 2010 09:17 AM Like Anonymous Vikki Shore Walsh, 332 F.3d at 1158 (quoting Cruz v. Local Union No. The lies, over and over. 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. We were forced into renting our condo due to housing collapse that prevented us from selling it. Webb Agency, Inc. v. Commercial Standard Ins. The PAUSE Program also lists entities that impersonate genuine U.S. registered securities firms as well as fictitious regulators, governmental agencies, or international organizations. Id. App. 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. Consequently, he was employed by both companies during this two week period. Directions. CEO Approval. Also notifying new media. The case involves employees leaving an agriculture supply business to join a competitor. Bank of America sold to Green tree and then to Ditech. We have been a victim of Green Tree / Ditech / Shellpoint abuse and excessive charge of fees. 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. I pissed when I want as no man woman or child will ever decide when I piss but that is inhumane. I have been a victim of Green Tree / Ditech and Shellpoint Mortgage abuse and excessive charge of fees. And acknowledge the receipt of short sale requests and/or missing documents within five days. 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! Please help me resolve this with ditech. 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. By the end of August, Green Tree will be no more. Can anyone please help me with whom I can contact?? 1994), aff'd in relevant part, 82 F.3d 785 (8th Cir. 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. [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. of Mo., Inc., 162 F.3d 991, 998 (8th Cir. CNO Financial Group, Inc. (formerly Conseco, Inc. (from Consolidated National Security Corporation)) is a financial services holding company based in Carmel, Indiana. I suffered under them for no apparent reason as my payments were made on time. I did file with CFPB and the FTC and I got a check for $10.00 after I lost my house I am still setting in my driveway living in my RV. CitiFinancial exited the servicing business in 2017. 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. "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." (651) 224-5017. And doing something about it, cause Lynn Im that ((((B)))). I sent cerified letter to the address Ive been sending my payment. Is there a phone number to call? Another of North American's witnesses, Perry Schatz, testified only five percent of Conseco's leads result in a funded loan. Once a lead sheet is received in a branch office, the office manager then forwards it to a loan originator, who calls these potential customers to offer Conseco's financial services. By answering a few simple questions about yourself, and selecting the amount of money you would like to borrow. 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. Conseco's mortgage service division originates residential loans for individuals in the "subprime" lending market, e.g. Was or used there a class action lawsuit because Id certainly be onboard. 1981); Hinkle v. Christensen, 733 F.2d 74, 76 (8th Cir. I was used and abused by greentree ditech until January 30, 2018 when I refinanced and went with another provider all together! Your email address will not be published. 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. "Why Ditech Brought Back a Precrisis Mortgage Brand", "Gale Directory of Company Histories: ditech.com", "GMAC Mortgage Will Acquire DiTech Funding", "ditech returning to the mortgage market in a big way", "GMAC moving Ditech operations to Fort Washington", "GMAC Posts Profit, Will Change Name to Ally Financial", "Deal Cut to Sell ResCap out of Bankruptcy Filed Today", "Say goodbye to Green Tree; company merging with Ditech", "Here's exactly how ditech is coming back into the market", "The ditech key to correspondent lending", "Operational Risk Management: Remembering 9/11: Teaching the Children", "Mortgage Company Ditech Holding Files for Bankruptcy Again", "Ditech Finds Two Buyers For Its Mortgage Servicing and Originations Business", https://en.wikipedia.org/w/index.php?title=Ditech&oldid=1089803136, Financial services companies established in 1995, Companies based in Costa Mesa, California, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 25 May 2022, at 18:38. 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. Allegheny County police said the shooting happened in the parking lot of the Unity. 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"). Now, i cant get in touch with anyone to get my balance? Thanks Kevin. Website. I would end up hanging up and they repeatedly called me plus after 9pm trying to harass me more. 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 . . 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. Adherence to the rule is mandatory. [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. and (3) Will the victims be required to apply for a settlement? He would lie to my husband and ask why I wouldnt speak to him. .WHY? The FDIC has assembled useful information . In 1995, John Paul Reddam founded DiTech Funding Corporation (DiTech) in Costa Mesa, California. In viewing this evidence in the light most favorable to the verdict, we hold there is ample evidence supporting each element of an unfair competition claim. It was just a cycle. My mortgage was with Bank of America for 15 years started 2002 January. at 435, 121 S. Ct. 1678. Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. So disappointing! I called them just yesterday and was directed straight to their collections department instead of customer service. Furthermore, Conseco takes reasonable steps to ensure the secrecy of these files. GT was calling me day and night telling me I was short on my escrow account. The current range of Greentree modules covers the key areas of Financials, Distribution and Job Management. The parties proceeded to a trial on the merits for these issues. 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. 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. Stat. We are further convinced that North American's net worth was not the sole consideration in the jury's punitive award. Truman Lewis Reporter. They did without letting me know, if I dont pay, they take my home. All I ever get is the run around. 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. STE. [12], In 2012, during the mortgage crisis, Ally took its residential lending unit into bankruptcy in order to pay back the U.S. Treasury following its acceptance of bailout funds. I was never late during the five years. 1995)). I would like to have my house back. They featured a nefarious loan officer, played by actor Ron Michaelson, repeating the catchphrase "Lost another loan to Ditech" written by writer, producer and director Ken Roberts, who created the Ditech television and radio commercials from 1995 to 2007. I have reached out to several attorneys, but none can help with Mortgage claims. Between Green Tree and the Mobile Home Park Manager of the Mobile Home Park. The company has filed for Chapter 11 Bankruptcy for the second time in 14 months. Additionally, Conseco produced evidence that Podner made copies of an unspecified number of customer loan files shortly before his resignation. We agree that both the lead sheets and the information contained in these customer files constitute trade secrets under the act. 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 . Conseco is a Delaware financial services company with its principal place of business in Minnesota. They are saying it may have been lost in the mail but they refuse so far to make it right. Helping Clients With Custom Financing Options And Consulting Services, Greentree Offers Direct Financing And. On June 8, 2022 the Bankruptcy Court entered an Order governing the distribution of any unclaimed borrower funds remaining in the Ditech estate. With no place to go and my car was impounded, because my car broke down in a spot, at the mobile home park. 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. They were not interested in helping us modify our loan even though we qualified. Green Tree Servicing. Tell how to get I. Shellpoint whatever the heck its called now has been a complete nightmare. State Farm, 538 U.S. at 425, 123 S. Ct. 1513. 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.
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