Finally, Scott Bristol, a former area manager at Conseco's St. Charles, Missouri, office, testified that although he did not have personal knowledge that any loan originators working under him in St. Charles made copies of customer loan applications, it was possible that such copying did occur. North American senior manager, Ken Keeler, provided rebuttal expert testimony, stating that the average-net profit on a loan was $2,100.4 Carrie Hiatt, a North American witness, further testified that approximately ten percent of certain Conseco leads resulted in funded loans. To whom do I make my complaint? Kientzy v. McDonnell Douglas Corp., 990 F.2d 1051, 1061 (8th Cir. 21 Things That Can Raise Your Mortgage Rate. These files were located in Kattleman's office at North American until he returned them to Conseco, as ordered by the district court in its TRO. I had a Making Home Affordable Plan and had many problems with them. It is undisputed that fourteen Conseco customer loan files were in Kattleman's possession after he resigned from Conseco. What happened Greentree Mortgage? Walsh, 332 F.3d at 1159; LeSueur Creamery, Inc. v. Haskon, Inc., 660 F.2d 342, 346 n. 7 (8th Cir. Greentree Financial Profile and History . Therefore we begin by noting that the district court gave correct and distinct instructions relating the purpose and standard for punitive damages, and turn our focus to the reprehensibility of North American's conduct. Then they send me a statement that I still own them 20 thousand more. Mortgages are often transferred during the life of a loan, so consumers may find themselves locked in a relationship . They tacked on so many years to our loan, that we will never be able to pay it off. After the preliminary hearing, the district court entered a narrowly-tailored injunction. [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. Servicing Corp. v. North American Mortgage Co., 24 Fed.Appx. I paid them immediately over the phone once aware and confirmed it was not cashed. (0) Super Helpful (0) They're not great but not a Ripoff (0) Total Ripoff (0) Cooper Indus., Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424, 435, 121 S. Ct. 1678, 149 L. Ed. Personally the FTC is probably a scam too. Directions. Green Tree was so bad it was listed on CA Department of Business Oversight and under strict conditions as to how to handle mortgages. Did GT pay off CFPB? We reverse and remand with directions to the trial court to enter judgment in the amount specified in the settlement agreement, plus postjudgment interest and costs. I won foreclosure trial by non jury trial final judgement amended final judgement, ORDER: Foreclosure resolved, only issue is money damages and demand for jury trial, ORDER: Granted motion leave to file my counter claim. This site is protected by reCAPTCHA and the Google. Greentree-financial.com is an online marketplace where a lender can give you a decision instantly for the funds you need. GT was calling me day and night telling me I was short on my escrow account. 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 . Nearly 10 months after the FBI was seen at a Green Tree office building conducting what it called "law enforcement activity," Pittsburgh's Action News 4 is . 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. The lead sheets are a product of a specialized-and apparently quite effective-computer program that was uniquely Conseco's. And, consistent with Rule 50, North American restated-in similar but not precise language-its previously articulated proximate cause damage theory, " [Conseco] failed to prove a causal connection between any conduct properly actionable and any loss to [Conseco]." They have doubled my monthly mortgage beyond my ability to pay even if I way not a disable vet. 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. And yes, they do call several times a day. 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. And acknowledge the receipt of short sale requests and/or missing documents within five days. Any correspondence will be noticed. The rep became short with me. We were talked into a loan modification in 2012 with Green Tree, due to many threats daily. How do I get into the law suit? 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. I quit answering the phone calls but saved all their numbers for later proof of their harassment. I called them just yesterday and was directed straight to their collections department instead of customer service. Ops manager used to try to say no one uses restroom first 3 hours of shift. Workers, 34 F.3d 1148, 1155 (2d Cir. Required fields are marked *. A TOTAL MISTAKE. They have been sued and need to be sued again. CNO Financial Group, Inc. (formerly Conseco, Inc. (from Consolidated National Security Corporation)) is a financial services holding company based in Carmel, Indiana. [3][7], Ditech pioneered 125 percent loans that allowed mortgage loan applicants to borrow more than properties were worth. Id. The trial court initially denied the motion, finding the arbitration agreement unenforceable, but Green Tree pursued an interlocutory appeal and the State Court of Appeals reversed. The complaint alleged ESI had failed to pay $45,000 due . After the jury returned a verdict against North American on each of the claims, North American filed several post-trial motions, primarily relating to the damage awards. Florida Office R. Chris Cottone Greentree Financial Group, Inc. 1000 S. Pine Island Road, Suite 210 Plantation, FL 33324 Still have all the negative reports and complaints about those company going some years ago. Bristol also testified that before leaving Conseco, he compiled a list of 100 to 200 customers who had previously engaged in business with Conseco. at 619, and we will not judge the credibility of the witnesses or weigh the evidence. 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.'" Punitive damages are also subject to limitations imposed by due process. 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. They claim they did not receive my last payment when it was paid via my banks bill pay. Please put our name on a Class Action Suit. [18], Also in May 2014, Ditech announced new correspondent banking products and services including MyCommunityMortgage, FHA Program, Expanded LMPI, and Freddie Only. The Catholic Church was going to try to help me pay for part of my Mobile Home Space Rent. I just closed on my deal with Greentree on the second. Calls throughout the day and weekend threatening jail time and foreclosure. Galdieri-Ambrosini v. Nat'l Realty & Dev. I am pretty sure this will never get taken care of after reading all the comments. GT uses unethical practices, and I keep making my payments on time but think about letting them have the 2nd home back because of the harassment. Podner further testified that in his line of work, it was very common to help new loan originators in this manner, as it is much easier to generate new business with customers who have previously conducted business with Conseco. Terms of Service. [2] In May 2014, Ditech announced its re-entry to the U.S. housing market. Afterwards, an audit was done and they removed some on-time payments to take some incentives away from me. [13] In November 2012, Ditech was formed from assets of the estate of GMAC ResCap during the bankruptcy proceeding. Havent paid them in over 2 years. 1995)). In Vigoro, the court noted that if the contacts had been located throughout the country the information would have been considered to be a trade secret. Had to go chapter 13 to stop all the harassing calls , one guy told me to pay up or get my out of my Mobile home. Please help! Website. Is it still possible to be compensated? 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 . I bought my mobile home Like in 1995 and I was kicked out of my mobile home Like in 2015. 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. Furthermore, these customer loan files eventually made their way to his office at North American. 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. ", 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. This list included the names and phone numbers of these customers. 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. Hi my name is Megan & Im in a bad way with this company fixing to loose my home of 15 years that is suppose to already be paid off have no way to financially fight them cuz everything has went into trying to keep my home. However, a post-trial motion for judgment "`may not advance additional grounds that were not raised in the pre-verdict motion.'" They are nothing but crooks. Ann. 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. 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. 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. Does anyone know who to call for me to claim my refund? Since Ditech filed bankruptcy, I wonder if my money even exists any longer. Eventually we got word that our payments were not being accepted even with the money in our account, we were instructed to start sending payments in by purchasing through Walmart, which was additional funds. 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 was harassed and have $837 plus in late fees due to their shenanigans plus no telling how much interest was addressed to my balance. Thanks in advance. I wonder if Green Tree will go out of business because of this. 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? Green Tree was so bad I filed complaint with the Department of Business Oversight in California. Will be contacting legal specializing in mortgages tomorrow. Please help me resolve this with ditech. Then they said it was for their insurance which we won in court that we carried our own insurance, then they auctioned our home off a paid off home we list our home and no one will get back with me on what to do it has been a little over 4 years now. App. 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. 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. Greentree was started in 1999 and maintains three offices in Ft. Lauderdale, Florida, Charlotte, North Carolina and Guangzhou China. Auto. Who is pocketing these payments??? My house was bought in 2007 for $118,000 in Jan 2012 I owed $ 94,000. 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 . But, to no avail. I had a loan with Greentree which the company did unlawful practices who do I reach out to for compensation. North American management consented to the document duplication by its employees. Here the damage award is further supported by the remaining tortious interference claim. Yearly bonus is a plus. We, however, affirmed the decision of the district court to deny the injunction. .WHY? The facts and issues in this case arise from actions taken by North American to acquire information about individuals that is contained in Conseco's confidential files. My mortgage was only suppose to last for 30 years. My mortgage was with Bank of America for 15 years started 2002 January. (651) 224-5017. Sign up for our free summaries and get the latest delivered directly to you. Was or used there a class action lawsuit because Id certainly be onboard. Truman Lewis Reporter. The parties then chose an arbitrator, indeed . Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. 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. Business Profile for Green Tree Financial Corporation. Also, in order to be considered a trade secret, the information must be the subject of efforts that are reasonable under the circumstances to maintain its secrecy. To this day I can remember it like it was yesterday. But the company is not closing. A structured process drawing out and defining with you what your vision is of your future. Consequently, he was employed by both companies during this two week period. 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. P. 50 in its request for judgment as a matter of law and thus has not preserved this argument for appeal. Who do I contact to get whats owed to me? 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. Accordingly, "a motion for judgment as a matter of law at the close of the evidence `preserves for review only those grounds specified at the time, and no others.'" 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. Wish me luck. Im 83 years old, Ive been harassed by Green Tree from the time I purchased the Mobile home in 2001, Ive saw the go from Conseco Finance, Ditech to all kinds of Finance companies, You want ever know who you dealing with, So who actually owns these companies now? 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." What Credit Score Do You Need to Get a Mortgage? No one seems to know. 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. 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. I have reached out to several attorneys, but none can help with Mortgage claims. What Mortgage Rate Can I Get With My Credit Score? Contact Information. Ins. We had a home equity line with them and ended up borrowing from my parents to pay it off. The district court granted a temporary restraining order ("TRO") prohibiting these named North American employees from taking, using, or disclosing documents from Conseco's loan files, and requiring the return of any information taken from Conseco's files.