I was never late during the five years. Rockport Pharm., Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 197-98 (8th Cir. Since Ditech filed bankruptcy, I wonder if my money even exists any longer. In 2019 had a devastating hail storm that ruined my house 40,000 in damages and never could get ditech to repair the damage so I had my bankruptcy revised and took ditech off. Green Tree Financial Corporation is the only company in the United States to specialize in manufactured home loans. Now Green Tree has placed Lien on a separate Property I have already paid off. collinseisenring1962@gmail.com. He went court I couldnt make it their because I had no transportation to get their, so the Judge signed the eviction paperwork. They were not interested in helping us modify our loan even though we qualified. Another of North American's witnesses, Perry Schatz, testified only five percent of Conseco's leads result in a funded loan. Am., 408 F.2d 500, 503 (8th Cir. Readying correspondence to: FTC and others along with copies to EACH house member and Senate with original to President of USA. 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 . [21], On September 11, 2001, in the U.S., a Ditech commercial was airing on the CNN television channel when it was interrupted for an announcement that a plane had struck one of Twin Towers of the World Trade Center in New York City. After several months I was told I wasnt making the right payment and I owed them almost $5000.00 And unless I paid this wthin 2 weeks They were forcloseing on my home, So I borrowred the money and paid them I dont have any idea how I am going to pay this back. 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. 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. Once we would find someone to help us modify, they would move them to another account. 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. 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. While dealing with them. My house was bought in 2007 for $118,000 in Jan 2012 I owed $ 94,000. Green Tree Financial Corp., 330 S. C. 388, 498 S. E. 2d 898 (1998). However, these were not the "specific grounds" on which North American argued below. at 619, and we will not judge the credibility of the witnesses or weigh the evidence. 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"). I have no escrow. The State of California received a notice from Ditech that I overpaid something and am due a refund, but Ditech no longer exists. Bristol also testified that before leaving Conseco, he compiled a list of 100 to 200 customers who had previously engaged in business with Conseco. This list included the names and phone numbers of these customers. Mo. 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. And yes, they do call several times a day. Galdieri-Ambrosini, 136 F.3d at 287. The instant appeal ensued. The auction for former Green Tree Financial in St. Paul, held Tuesday in Chicago, resulted in a Wednesday morning deal, according to news reports. However, the Court also explained that when compensatory damages are substantial, "perhaps [a punitive award] only equal to compensatory damages" may be appropriate. How will former employees be compensated for their income lowering and workload doubling? To insure the confidentiality of these lead sheets, Conseco requires all employees to sign a form that acknowledges their receipt and understanding of the contents of Conseco's Employee Handbook. And, interestingly, much of the improper activity occurred after Conseco filed suit, further reflecting the reprehensibility of North American's actions. 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. 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. Podner said he copied the files in order to aid an employee who wished to make the transition to loan originator. I could go on and on with the difficulty we had while being a customer with this agency, it would take more space than Im allowed. Appeal from the United States District Court for the Eastern District of Missouri, E. Richard Webber, J. After having been divorced 4 years into the loan and raising children as a single mother, I have made payments late frequently. No one seems to know. Ditech is not answering my call, whom do I contact to get my money back . The corporation originates, pools, sells, and services manufactured home loans using a vehicle known in the industry as conditional sales contracts. ", 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. Two of the loan originators that Lasek recruited to leave Conseco with him eventually returned to work at Conseco-after a change of heart-and testified about Lasek's actions. [5][3] DiTech became a household name as a result of the commercials. Phone: Web: Category: Mortgage Companies Greentree Financial ripoff Tempe Arizona Business Rating: Rate this business Tell us has your experience with this business or person been good? My credit score was above 780, with no late payments. App. I was thrown out in the poring down rain with no place to go. 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. 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. Who do I contact to file lawsuit and get justice and prove damages? As the name suggests, Green Tree Servicing was supposed to service homeowners' mortgages by collecting and crediting monthly payments. What Mortgage Rate Can I Get With My Credit Score? Stat. norma, get an attorney and get one quick that specializes in dealing with mortgage law there are several that have won against Green Treethey all know they are scum. We find sufficient evidence of "malice or outrageousness" as defined by Missouri law to permit an award of punitive damages in this case. Green Tree moved to compel arbitration. Id. Said she could only change excess payments for past 3 months. Indeed, Conseco had closed thirty of its 150 branch offices within the previous year. We affirm in part and reverse in part. Walsh v. National Computer Systems, Inc., 332 F.3d 1150, 1158 (8th Cir. [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. During this same period, Conseco's mortgage service division downsized. But according to a $63 million settlement announced by the FTC and CFPB, rather than service, Green Tree gave many homeowners the business.. Told us to get out immediately they were so hateful would not help in any way at all. On appeal, the district court's determination of punitive damages is reviewed under an abuse of discretion standard. Greg and Kathleen Haley 12050 333rd Avenue Twin Lakes, WI 5381. .. Cons. 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. Have been layering and looking for help. They sent me wrong documents, pretend they dont have them and are also scamming borrowers. I have confirmation numbers from my bank and I have never had a problem paying this way, even to them. They settled for $5500 (BOA paid $3k and my Seller paid $2500) and Greentree WAIVED THEIR DEFFICIENCY RIGHTS!!! If Green Tree serviced your mortgage from 2010 to 2014, you might be due some compensation for alleged wrongdoings. Please add our name to your Class Action Suit. Greentree Financial Advisors [ Impersonators of Genuine Firms ] 2408 Richmond Road Staten Island, NY 10306 Fax: 718-732-2047 Because insurance paid off the loans in full on the 91st day..They stalled, blaming one another and Nationstar also blamed Bank of New York for delay..Bank of new york put in writing to me that the were only trustee and had no say so in Settlements, Deed in lieus or modifications. Ripoff Report on: Greentree Financial - Greentree financial broke the law calls in one day lugoff south carolina I am pretty sure this will never get taken care of after reading all the comments. In May 2014, Ditech announced its re-entry to the national housing market after it disappeared from the marketplace for five years during the subprime mortgage crisis in the late 2000s. Lawsuit, Mortgage with GreenTree/Conseco/Ditech/New Rez-ShellPoint since 1995. Ins. Green Tree was so bad I filed complaint with the Department of Business Oversight in California. 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. [18] In June 2014, Ditech's correspondent lending division began focusing on services for community banks and credit unions, offering their customers access to Ditech's technology, underwriting, processing, servicing and marketing expertise. Podner did not specify the exact number of loan applications copied. They're awesome! 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. In the event that Green Tree and the Harrises do not agree on Green Tree's choice of arbitrator, section five of the FAA provides that either party may petition the court to appoint an arbitrator. 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. 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. 655 (8th Cir. North American sought this information in an attempt to pursue Conseco's loan customers and business leads. 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. I paid my home off in December 2020. 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. We were forced into renting our condo due to housing collapse that prevented us from selling it. Jul 22, 2010 09:17 AM Like Anonymous Vikki Shore Just paid off a home and was going to sell and it has a lien on it. [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. [23] Later that year, the company's forward mortgage servicing and originations business Ditech Finance LLC was acquired by New Residential Investment Corp. and their reverse mortgage business, Reverse Mortgage Solutions Inc., was acquired by Mortgage Assets Management LLC.[24]. The rep became short with me. Bristol testified that he believed between one to six of these leads resulted in new business for North American. He earned a salary of $150,000 in 1999. A TOTAL MISTAKE. 1998). North American also claims that these individual indiscretions do not amount to "corporate" wrongdoing by North American. Borrow Brightly. of Elec. Tell how to get I. We were talked into a loan modification in 2012 with Green Tree, due to many threats daily. But the company is not closing. In 2013 we fell on hard times. Powers. In the year 2000 his salary increased to $400,000. Webb Agency, Inc. v. Commercial Standard Ins. If you type I. Greentree complaints it should come up if the site has not been taken down. Please help me resolve this with ditech. 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." 1997). Then the next month BOA sold my loan to GreenTree. [7] The strategy encompasses direct consumer lending and correspondent lending. I told them they were charging me 3x my payment and I had made them on time. Tried to get relief through an attorney has messed over me. Sincerely. However, a corporate defendant is required to pay punitive damages so long as the employees were acting within the scope of their employment. 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. 2001). 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. I had to call them while working and my coworkers heard then yelling & threatening me if I was late. Rule 50(a) requires that challenges to the sufficiency of the evidence must be raised initially at the close of the evidence. 1984). Such challenges must be sufficiently specific so as to apprise the district court of the grounds relied on in support of the motion. The company held sponsorships on Hendrick's part-time #44 car, as well as the #87 car on Busch Series level. Consistent schedule, decent pay. By the end of August, Green Tree will be no more. Id.