Posts Tagged ‘Consumer Protection’

US Trustee Sues Countrywide

The United States Trustee has filed suit in the US Bankruptcy Court in Atlanta seeking sanctions against Countrywide Home Loans. From the New York Times:

“Countrywide’s failure to ensure the accuracy of its pleadings and accounts in this case is not an isolated incident,” Donald F. Walton, the trustee for the Atlanta region, wrote in a brief. “In recent years, Countrywide and its representatives have been sanctioned for filing inaccurate pleadings and other similar abuses within the bankruptcy system.”

In addition to a litany of other abuses, it is alleged that Countrywide accepted payments on a mortgage that had already been paid in full (the mortgage company had issued a “satisfaction of mortgage” acknowledgment).

I recall Countrywide commercials where some delightful spokesperson would proclaim: “Countrywide says YES!.” According to a statement from Countrywide, they are not commenting on the pending litigation.

News of the suit is also reported in The Sydney Morning Herald.

You may have missed…
Is Countrywide Fabricating Evidence?
The US Trustee v. Countrywide

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Thanks for Letting Us Know. Now what?

Many times we hear that it is exotic mortgages with resetting ARMS that are fueling the sub-prime foreclosure melt-down. A new report from the State Foreclosure Prevention Working Group suggests something far more nefarious.

“A significant percentage of subprime adjustable-rate loans are delinquent before they experience payment shock from their first adjustment, reflecting weak underwriting or fraud in the origination of the loan,” the report concluded.

More here and here (see link, upper right).

My question is this: they have found the fraud….now when are the indictments coming?

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Is Countrywide Fabricating Evidence?

Today’s New York Times is reporting that Countrywide Financial “fabricated documents related to the bankruptcy case of a Pennsylvania homeowner.” Apparently, the documents were letters addressed to the homeowner claiming that $4,700 was owed. Countrywide’s local counsel told the bankruptcy court that the letters were “recreated.”

“These letters are a smoking gun that something is not right in Denmark,” Judge [Thomas P.] Agresti said in a Dec. 20 hearing in Pittsburgh.

Countrywide denies any wrongdoing.

Read more here.

For an interesting take on this, please check out Tanta’s entry early this morning over at Calculated Risk: “Turns Out Judges Don’t Like ‘Efficient’ Servicers.’”

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The News Today…

If the Federal Reserve cuts rates, mortgage payments should decline, right? Perhaps not.

Today’s Boston Globe also reports on foreclosure rescue scams.

And finally, may Bostonians have noticed the number of new condominium construction projects that have sprung up over the last few years…and the building boom continues. But if you build it, the buyers will not necessarily come. Today’s Boston Herald reports that some new condominium projects are finding that it is easier to rent the units rather than sell them.

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NY Suit Targets Appraisal Company

According to a New York Times report, the NY Attorney General filed a lawsuit in Manhattan accusing an appraisal firm of inflating the values of homes. According to the report, the firm – a subsidiary of the First American Corporation – inflated the values of homes because of pressure from Washington Mutual, a claim the bank denies.

Mr. Cuomo’s case is built on e-mail messages obtained through a subpoena to First American. According to the complaint, the messages show that executives at eAppraiseIT initially resisted the pressure from Washington Mutual to raise the values of the appraisals it was conducting for the lender in early 2006. The loans in question were largely used to refinance mortgages and take equity out of homes. Higher appraisals would allow a lender to make bigger loans and earn greater returns when selling them to investors.

In a written statement, Washington Mutual denies any impropriety.

Read more here.

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“Be Debt Free in only 18 months!”

There are ads on local radio stations that make this declaration. Earlier this month, the Federal Trade Commission filed a lawsuit in New York against a couple that operated a variety debt settlement companies: The Debt Settlement Company, The Debt Elimination Center, Pay Help, Inc., Money Helps and Edge Solutions. According to the FTC, unsuspecting consumers looking for help visited websites such as idebthelp.com and moneycares.com and lured into a “debt meltdown program.” According to the FTC,

The complaint alleges that, as a result of being in the defendants’ program, many consumers experience substantially increased debt because of late fees, finance charges, and overdraft charges, and suffer damage to their credit rating because of significant negative information such as late payments, charge-offs, collections, and garnishments, all of which may appear on their credit report for up to seven years.

Read more from the Arizona Republic.

Read more from the Federal Trade Commission.

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