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Dow Jones Newswires
Published on: 02/27/08
PHILADELPHIA — Countrywide Financial Corp. has been reaping profits from "inflated, unverifiable or false" charges in foreclosure actions that threaten hundreds of thousands of homeowners, according to a lawsuit filed in federal court in Delaware.
The lawsuit, which seeks class-action status, takes aim at attorneys' fees, property inspection charges and other assessments that mount up once homeowners run into trouble paying their loans. Lawyers for homeowners say Countrywide is collecting far more than what it costs to enforce its rights as a lender.
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"The mortgage note says the lender shall be 'paid back' — those are the critical words, 'paid back' — for its costs of enforcement, so you would think that the borrower would have to reimburse their actual out-of-pocket expenses," said Jeffrey Norton, one of the attorneys who filed the suit Monday.
"But it's not what happens," he said. "We're alleging padded attorney fees, charges for appraisals that never happened, all kinds of made-up fees." Norton is with the firm of Harwood Feffer in New York.
A Countrywide official wasn't immediately available Wednesday to comment on the lawsuit, filed with the U.S. District Court in Wilmington, Del. The Calabasas, Calif., company, the country's biggest mortgage lender, is foreclosing on about 90,000 homes.
The suit adds to Countrywide's legal troubles, which include a probe of its treatment of bankrupt consumers by the Office of the U.S. Trustee, an arm of the Justice Department.
If certified as a class action, the suit could force Countrywide to prove the extra charges it added in "enforcement actions," from collection activities to foreclosure, were real, or give the money back to hundreds of thousands of homeowners.
With mortgage defaults at record levels and expected to rise, the case is one that will be closely watched by the law firms and others that are poised to profit from foreclosures that analysts predict will affect millions of homeowners in the coming years.
The suit was started by Gregory O'Gara, whose mother, Tamara Portnick, died after an illness during which she missed some payments on her Boynton Beach, Fla. home., according to Norton, O'Gara's attorney. O'Gara called Countrywide while clearing up his mother's estate and was told how much he would have to pay to bring the mortgage up to date.
"He did that, and then he started to think, 'This is only a short time. How can they have amassed all these fees?,'" Norton said. Investigation showed "Countrywide had done virtually nothing" to justify the extra charges it imposed on the deceased woman's estate, he said.
According to the lawsuit, Countrywide frequently charges $300 to $500 for appraisals that are not done at all, or that are mere "drive-by" inspections by appraisers who don't even stop their cars when passing mortgaged properties.
Countrywide has $300 to $500 "flat-fee" arrangements with law firms that handle foreclosures, the lawsuit says. Yet it hits homeowners with legal bills of $1,200 to $2,0000.
"The law firms are making a bundle," Norton said. "They frequently have a few attorneys who can go to court and a fleet of law clerks or paralegals who fill out forms. The law firms are probably the biggest beneficiaries of this wave of foreclosures."
Norton said Countrywide's mortgage is a contract that entitles it to recoup its costs if the loan starts to go south. When Countrywide charges more than it costs to enforce the loan, that's a breach of the contract, according to the complaint.
In a series of cases that also challenge the extra fees, a Delaware bankruptcy judge is weighing arguments from Countrywide and other lenders who say the mortgage is a contract that entitles them to impose the costs on bankrupt borrowers without the judge's approval.
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Comments
By FANAYE
Aug 19, 2008 8:04 PM | Link to this
PLEASE HELP
By Sonya DeWitt
Aug 18, 2008 11:14 PM | Link to this
Please add me to the list for the lawsuit. I'm another victim of the Countrywide Cannibals.
By Sonya DeWitt
Aug 18, 2008 11:11 PM | Link to this
Please add my name to the list for this lawsuit. Countrywide misinformed me, gave me false deadlines and after I complied with all their recomendations told me "I was too late" the new higher interest rate had already been added to my loan. That rate is $500 a month higher than the mortgage was.
Please help. It looks like I'm heading to forclosure due to their manipulation of the contractual facts and lack of honesty in what programs were available as well as what timelines were running.
By Erica Winn
Aug 13, 2008 10:30 PM | Link to this
please help. Countrywide has bn victimizing me for 2 years, just recently while waiting on the workout dept to put me on my 4th remodification, they always promise refinancing but it never happens. While waiting on this last arrangement for 4 months, my house went into foreclosure because now they say I owe...18 MONTHS !!!!!! Get real, please help.
By Trebor
Aug 13, 2008 5:14 PM | Link to this
Countrywide was at the "FORECLOSURE WORKSHOP" at the Gillette Stadium in Mass. What a joke, they treated me like I was not human and the entire place was a disaster....one ucking mess after another. One lady tried to talk me into a 40 year mortgage and she was from Fanny Mae. I asked her when I would be out of debt, when I was dead 10 years....
By brandie chustz
Aug 12, 2008 12:41 PM | Link to this
please please add me
brandie l chustz
4054 capitol heights
baton rouge,la 70806
By brandie chustz
Aug 12, 2008 12:26 PM | Link to this
please add me to the suit also, i have been put in possible forclosure with countrywide also. i was behind on my notes but i was making payments. now i have been put on a repayment plan for 4 mths and my payments are 1617.80 a mth???? thats 2 paychecks i now cant pay my other bills. when speeking to reps at countrywide (that barely speek english) the run around is given.. help who can i contact to see if im in the same situation as many others thank you
By REGINA
Aug 5, 2008 8:43 PM | Link to this
PLEASE ADD REGINA ROSSER AND DARRON ROSSER TO THE LAWSUIT 6064 ELKGROVE MEMPHIS TN 38115
By regina
Aug 5, 2008 8:38 PM | Link to this
countrywide has did two loan modification for my acct and will not honor either one andiwas force to file a chapter7 . Icontact them when first notified ,I was NOT behind on payments while working with the workout dept became delinquent. please add me ASAP
By Amber Rennert
Aug 1, 2008 11:28 PM | Link to this
My husband and I just lost our home after Countrywide "misplaced" 14 payments!!! We fought with them for over a year and even had CASHIERS checks to prove we made all our payments. After faxing and sending certified mail (the person the signed for them no longer works there) all our documentation to prove that the payments were made and cashed, the rep on the phone stated that it was "too late" and our home had been sold to Well Fargo at auction. We moved out (into a rental) and now have Wells Fargo suing us for "failure to leave the premises"!!!! HELP
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