They were scamming the homeowner and the workers. Conseco asserts that Kevin Kattleman, Kevin Podner, and Scott Bristol all removed customer loan files-or copies of the files-from Conseco's offices. We review the district court's denial of a motion for judgment as a matter of law de novo, applying the same standard as the district court. The court rejected this argument noting that this was a geographic area where everyone knows everyone else, "and you simply need to `see and ask'" to identify customers. 2003). I too was with BOA and while my home was in remod with BOA they dropped me & sold my loan. At Greentree Financial we offer our clients comprehensive financial planning. The transition concluded in the second half of 2015. It is clear to us that Conseco derives economic benefit from this information. It is undisputed that fourteen Conseco customer loan files were in Kattleman's possession after he resigned from Conseco. The parties then chose an arbitrator, indeed the same arbitrator who was subsequently selected to arbitrate the Bazzles' dispute. Im to the point now where I am contacting my own attorney in order to resolve everything. At trial, Conseco's evidence established that thousands of Conseco's lead sheets were in North American's possession, that employees worked simultaneously for both companies, that Conseco's loan documents were faxed to senior management at North American, and that employees from several of Conseco's offices had taken Conseco's loan documents to North American.3 Conseco offered expert testimony that approximately five percent of Conseco's lead sheets result in funded loans, each with an average-net profit per loan of $4,000. Greentree Financial as been my mortgage company for 14 years. A review of the record leaves us with no doubt that the jury had sufficient evidence before it (albeit conflicting evidence) to conclude that North American had engaged in unfair competition and caused damage to Conseco. P. 50(b); Martin H. Redish, 9 Moore's Federal Practice 50.41 (3d ed.2003). But next months statement shows only the principal stated as due being payed, with the excess going toward interest. Such challenges must be sufficiently specific so as to apprise the district court of the grounds relied on in support of the motion. Green Tree caused me to have anxiety attacks and depression!! Adherence to the rule is mandatory. Now they have lien on my personal property that had nothing to do with this loan. Zachar v. Lee, 363 F.3d 70, 72 (1st. Appeal from the United States District Court for the Eastern District of Missouri, E. Richard Webber, J. (2) how will we as victims be contacted about a $$ settlement? All we got was harassing calls all day long and at my husbands job. 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. Bristol also returned a number of documents at his deposition, in accordance with the district court's TRO. Am., 408 F.2d 500, 503 (8th Cir. collinseisenring1962@gmail.com. Id. I am a victim of Green Tree and Ditech can anyone do anything about it. [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. Also, North American's senior manager, Wade Hershel, received faxes containing Conseco loan documents originating from Conseco's St. Louis branch office from loan originators with this clandestine dual-employment status. A712 WEST HOLLYWOOD CA 90069 United States Inactive Directors / Officers STEVEN D GREEN, chief executive officer STEVEN GREEN, agent Registry Page https://bizfileonline.sos.ca.gov/sear. 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. Galdieri-Ambrosini, 136 F.3d at 287. Please put my name on a Class Action Suit. Say goodbye to Green Tree; company merging with Ditech No Company should be able to charge the high of interest fees, plus I was charged for phone transactions. The company held sponsorships on Hendrick's part-time #44 car, as well as the #87 car on Busch Series level. 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. [14], In March 2014, the company resumed originating loans using the Ditech name. Sounds like there needs to be a class action lawsuit. We got calls..sometimes two or three a day. [7] The strategy encompasses direct consumer lending and correspondent lending. I am a victum of this bad service and been robbed right out of my bank account and experienced more illegal acts up until this day. Multi Location Business. I lost my home to green tree mortgage in 2010. 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. BMW of North America, Inc. v. Gore, 517 U.S. 559, 575, 116 S. Ct. 1589, 134 L. Ed. We are satisfied that North American's conduct was sufficiently reprehensible to support the jury's award of punitive damages. We will not set aside the jury verdict unless there is a complete absence of probative facts to support the verdict. Can someone give all of us a name of a law firm that will help us. Green Tree mortgage servicing company will pay $63 million to settle federal charges that it harmed homeowners with illegal loan servicing and debt collection practices. After a few weeks they turned our account over to someone else and the same cycle. Id. Conseco Fin. [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. 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. Co. v. Haslip, 499 U.S. 1, 23-24, 111 S. Ct. 1032, 113 L. Ed. Because the evidence is susceptible to a reasonable inference supporting the verdict, we affirm the district court's decision to submit this claim to the jury and its subsequent denial of judgment as a matter of law. 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 . Between Green Tree and the Mobile Home Park Manager of the Mobile Home Park. What Mortgage Rate Can I Get With My Credit Score? They started charging me late fees, supposedly sent some investigator to check if I still lived in the home and charged me for the service even though I never had any contact with the person, never saw them and had no information it had been done. Now they are trying to steal my Personal Property from me. 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. Terrence J. O'Toole of St. Louis appeared on the brief. I had a modification done with Bank Of America. 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." 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. Ditech had immensely high unaided brand awareness and customer satisfaction, but many people mistakenly thought Ditech was a subprime lender. Additionally, Conseco produced evidence that Podner made copies of an unspecified number of customer loan files shortly before his resignation. There needs to be a class action lawsuit against these arm twisting loan sharks! 366 were here. 1994)). This is horrible! 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 have no escrow. I paid extra on my home every month until I got hurt on the job. Green Tree Servicing, LLC | Consumer Financial Protection Bureau However, the rules are such that "`technical precision is not necessary in stating grounds for the motion so long as the trial court is aware of the movant's position.'" This corporate entity was filed approximately forty-six years ago on Monday, June 13, 1977 as recorded in documents filed with Texas Secretary of State. Is there anybody that can help recover something from Green Tree. Sys. Even the emails I have sent do not get me in contact with anyone that can I assist. Quite the contrary, North American encouraged others in its offices to replicate the St. Louis scheme, and designated its St. Louis office as a "model" to expand into other cities. He even called my elderly parents and harassed them. 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. This instant case involves thousands of customers-located throughout the country-who were identified through a complex computer system. What happened Greentree Mortgage? We agree that both the lead sheets and the information contained in these customer files constitute trade secrets under the act. However, a post-trial motion for judgment "`may not advance additional grounds that were not raised in the pre-verdict motion.'" New Homepage | Greentree Mortgage Company, L.P. Told her I would be contacting attorney. We will leave the question of whether tortious interference remains an independent claim to another court and another day. 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. Still have all the negative reports and complaints about those company going some years ago. In early August 2000, Conseco sent a letter notifying North American's legal department of the misconduct by Scott Bristol and his loan originators and asking that it stop. what do I do now? Walsh v. National Computer Systems, Inc., 332 F.3d 1150, 1158 (8th Cir. But in what amount? 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. 966, 968 (E.D. Home loan options include fixed rate, adjustable rate and FHA loans. Related documents Order Complaint FTC Press Release Press release Order Online. After 2 years of accepting the calls. I cant pay this at all. I still want relief. CFN Investment Holdings will pay $700 million. Jul 22, 2010 09:17 AM Like Anonymous Vikki Shore 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. 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. Green Tree has been accused of some pretty bad stuff, Including warning delinquent homeowners of imprisonment, And doing little to help borrowers keep their homes, Along with harassing phone calls and unresponsive customer service, Any temporary loan modifications must be made permanent, And all active foreclosures must be halted, While the company evaluates loss mitigation alternatives. More. 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. Who do we talk to about a lawsuit? 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. I quit answering the phone calls but saved all their numbers for later proof of their harassment. I was forclosed on just before the lawsuit was awarded and Ditect are still sending me statements to pay morgage payments? Greenpoint Mortgage Closed - The Truth About Mortgage 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. Greentree closed my 2nd loan in 2013 with no assignment tried to refi and loan could not be found by Greentree now I have a company 7 years later with copy of note and no endorsement contacted bankruptcy Court New York case for Greentree was told loan should gone to ditech otherwise went back to mlo Greentree only serviced could not sell any truth or help? They have been sued and need to be sued again. 2d 1 (1991)). "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." CNO Financial Group - Wikipedia We were taking $10,000 a year in losses and there was no end in sight. I never received any kind of notice about a Class Action Law Suit. The court also defined "readily ascertainable" to mean that the plaintiff did not spend a great deal of time or effort compiling that information. 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. Website. Walsh, 332 F.3d at 1158 (quoting Rockport Pharm., Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 197 (8th Cir. 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. They tried to triple my mortgage payment when I paid what my mortgage payment actually was and had been for long time. How can I settle with them without paying. We have looked carefully at Greentree Financial Advisors and have found numerous inconsistencies and problems that send the message, "Stay away!" There is a world of difference between expert reviews created by our team with years' experience investigating investment frauds and reviews by so-called customers you may find on some sites. Williams v. ConAgra Poultry Company, (slip opinion August 6, 2004). If North American's net-profit theory had been conceived prior to trial, it would-and should-have asked for such an instruction. North American next argues that, even if the loan files and lead sheets are considered trade secrets, Conseco still "did not make a submissible case of either the fact of damages or the amount of damages." My loan is FHA 7% 30 years, fixed rate, with PMI payments. Corp., 136 F.3d 276, 286 (2d Cir. 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. Next, North American claims that because the Missouri Uniform Trade Secrets Act has replaced all common-law remedies, no tort claim is maintainable unless the information qualifies as a "trade secret" under the statute. Greentree's escape came after her captor forced the young surfer to call home and demand money in exchange for her freedom. I wonder if Green Tree will go out of business because of this. The Catholic Church was going to try to help me pay for part of my Mobile Home Space Rent. Some of these former employees also expressed concern about Conseco's overall future financial performance. This company or like vultures and dont care whom they may devour. The instant appeal ensued. You can explore additional available newsletters here. CNO Financial Group, Inc. (formerly Conseco, Inc. (from Consolidated National Security Corporation)) is a financial services holding company based in Carmel, Indiana. Both encouragedays us to be 90 days delinquent. The factors to be considered include "the degree of malice or outrageousness of the defendant's conduct, aggravating and mitigating circumstances, the defendant's financial status, the character of both parties, the injury suffered, the defendant's standing or intelligence, and the relationship between the two parties." Green Tree Financial Corporation | Encyclopedia.com Thanks Kevin. Greentree Financial Group - Overview, News & Competitors - ZoomInfo 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. This went on for 6 months, sending me mail I hadnt made my payment when I had made it on time. 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." Lyn-Flex West, Inc. v. Dieckhaus, 24 S.W.3d 693, 697-698 (Mo.App.1999). They demonstrate what should be obvious: Single-digit multipliers are more likely to comport with due process, while still achieving the State's goals of deterrence and retribution, than awards with ratios of 500 to 1 [as in Gore], or in this case, of 145 to 1." Ditech held a sponsorship in the NASCAR Nextel Cup Series from 2004 to 2007, prominently appearing on the #25 Chevrolet driven by Brian Vickers. Pursuant to the requirements of the Order, The estate is no longer able to further process the return of any unclaimed borrower funds. You already receive all suggested Justia Opinion Summary Newsletters. (Jul-23-03) [PIONEER PRESS] [2] Following the acquisition, Ditech used the name of Walter's Green Tree Servicing subsidiary to originate loans for regulatory and licensing reasons. BankFind Suite - Federal Deposit Insurance Corporation CFPB Director Richard Cordray said in a release that the company failed consumers who were struggling by prioritizing collecting payments over helping homeowners.. [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. My payment would be lower and I could get interest on my money in the bank to pay my taxes and insurance instead of the mortgage servicer holding it and making money off my escrow account. 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. R. Civ.

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