Countrywide Settles Lawsuit Filed By Madigan

When Attorney General Lisa Madigan sued Countrywide Financial in June for engaging in deceptive mortgage lending practices, her goal was "to help homeowners now." It now appears she's done just that:

Countrywide Financial Corp., the home mortgage lender acquired by Bank of America Corp. in July, will offer interest rate and loan principal reductions plus other distressed borrower relief valued at $8.4 billion to settle consumer fraud complaints from 11 states.

The accord, which includes relocation assistance for homeowners whose homes have been or are about to be foreclosed, will affect about 400,000 customers and resolves lawsuits filed by attorneys general in Illinois, California, Connecticut and Florida and complaints from seven other states, according to attorneys general Lisa Madigan of Illinois and Edmund G. ``Jerry'' Brown of California.

While the bailout negotiations dominated the news last week, Madigan and her fellow attorneys general came to an agreement with Bank of America late last week. The deal establishes the nation's first mandatory mortgage relief program, making sure monthly payments do not exceed 32 percent of a family's household income, and should help 21,000 Illinois residents keep their homes:

"We will have the first-ever mandatory loan modification program. We're going to be using this as a model for other lenders," Madigan said. "Our goal was to keep as many people in Illinois as possible in their homes." [...]

The bulk of the settlement—$8.4 billion—represents the reduction in principal and interest payments for Countrywide customers who hold adjustable-rate and fixed-rate subprime mortgages. In addition, Countrywide expects to waive $56 million in prepayment penalties and $79 million in late fees. The firm will pay $150 million to people already forced out of their homes and another $60 million in relocation costs for people in the process of being forced from their homes.

It's no suprise that Countrywide -- by far the largest subprime lender in Illinois -- decided to settle out of court, considering that Madigan's case was reportedly air tight.

Comments

Thank you Lisa Madigan and the Attorney General's office of Illinois.

My wife and I were unable to negociate with Countrywide Home Loans due to the lack of communication with their representatives. We called, wrote and faxed our request and financial information to renegotiate, forbearance, or restructucture our mortgage but was unable to resolve our issue with representatives of Countrywide and Genworth Financial our PMI provider. Unfortunately we were forced to file Chapter 13 Bankruptcy in September 2008 to keep our home.

We have an Intrerest Only loan and have made timely monthly until I loss my job in September 2006 due to downsizing. Prior to the job loss we paid down a portion of the principal also on a timely basis. We desire to keep our home for we put our life saving into the home which at the time was 16% of the homes value.

Can this lawsuit settlement of help my wife and I?
If so in what way.

Andrew,

There are two numbers you can call to figure out if the settlement terms affect you:

Madigan said howeowners who have questions about the settlement and how it may affect them can call Bank of America 1-800-669-6607 or Madigan’s Homeowners Referral Hotline at 1-866-544-7151 from 8 a.m. to 8 p.m. Monday to Friday.

Best of luck.

I have read about the settlement of the lawsuit with Countrywide. How does the settlement affect people in New York State who have suffered through this. I have two loans with countrywide and when I fell behind on one of them they charged attorney fees even though I was calling daily to get a catch up figure. They stalled me for over two weeks and then forced me to pay over $3,000 of attorney fees even though I kept asking for the catch up payment.

I also have an interest only loan at 7% with Countrywide that I got in July 2006. Will this be classified as a sub-prime loan?
thank you.

WHEN I REFIED MY HOUSE IN 2005 IT WAS FINANCED WITH DECISION ONE THEN TO IMPAC WHICH I BELIEVE ARE BOTH COUNTRYWIDE BANKS. MY LOAN WAS A PREDATORY LOAN FIXED FOR 2 YEARS THAN ADJUSTED. BEFORE IT ADJUSTED I LOST MY JOB AND MY HUSBAND GOT TRANFERRED A COUPLE HOURS AWAY. SO I TRIED TO DO A LOAN MODIFICATION OR REFI AND THEY TOTALLY IGNORED ME. AFTER I HAD SIGNED THE PAPERS WHEN I DID MY LOAN I NOTICED THE LOAN OFICER FORGED A 401K AND SOME OTHER FINANCES "ON OUR BEHALF" WHICH I DIDN'T AGREE TO. I TRIED FOR A YEAR TO WORK SOMETHING OUT WITH GMAC WHO THE LOAN TRANSFERRED TO I SUBMITTED FINANCIAL PACKAGES AND CALLED FOR 8 MONTHS STRAIGHT TO WORK SOMETHING OUT. I GOT DISCONNECTED AFTER BEING ON HOLD 2-3 HOURS AND NEVER FOUND A LIVE PERSON. AFTER 8 MONTHS OF CALLING EVERYDAY I FINALLY GOT A HOLD OF A REAL PERSON AND TOLD ME YES THEY RECIEVED MY FINANCIAL PACKAGES BUT DIDN'T BOTHER TO LOOK AT THEM. WELL NOW THEY FORCLOSED ON MY HOUSE AND NOW ARE TRYING TO EVICT ME EVEN THOUGH I HAVE BEEN TRYING TO FIND A WAY TO SAVE MY HOME. IS THERE ANYTHING I CAN DO TO SAVE MY HOME FOR MY FAMILY? SINCE COUNTRYWIDE BANK WAS THE LOAN ORIGINATOR DO I HAVE ANY OPTIONS? THANK YOU!

Hello,
Can anyone please let me know about any other class action lawsuits against Bank of AMERICA FOR SECOND MORTGAGES. My second mortgage is very similar to these . It is directly through Bank OfAmerica.
Thank you,
Very much for your help!

I recieved a letter from CW stating that a former employee had sold my private information, a different creditor confirmed my worst fears when asking me to confirm my address, apparently the one they had just pulled from a credit report was quite different. Does anyone know of a class action suite pertaining to this matter?

I too was scammed with the Option Arm Mortgage set up using Country Wide. They changed my interest rate in 3 weeks when it was supposed hold a steady rate for 5 years before that could be exercised. A result of 10’s of thousands were lost up front and 100’s of thousands in interest will be paid out over time. I want to follow-up with someone that can help. I'm looking for a place to start my investigations. Please, if anyone can assist in pointing me into the right direction it would be greatly appreciated. Thank You Vin at v_drago@hotmail.com

CW is still ripping people off
The lawsuit only help some what about the others that they are screwing like myself
I've called the States Attorney, I completed all the paperwork and still nothing

I have been struggling with sending information to Countrywide since August 2008 when they notified me that my interest rate was going to be 8%. I am the sole provider for me and my son and wanted to get my home loan modified. That is what I was petitioning for since 2008 and no reply. Started working with a mitigation group and was swindled to pay upfront fees of the sum $3500 to get assistance in getting negotiations done with Countrywide. Needless to say that was money down the drain, Countrywide denied ever being reached by the negotiators. In January 2009 I contacted Countrywide to talk with them about a modification again, since I had not heard back since September 2008. They asked me to send paperwork once again. Then all hell broke loose, my job was outsourced and I was on the unemployment line, mind you I do work part-time but the primary income for my family is gone. Now, B OF A has my loan and when called they were going to expedite my modification, back in June 2009, called them 7 days later and they requested for me to re-submit my paperwork. Now that I have lost my primary job and searching for another, they are refusing to modify my loan. The operator/agent wouldn't discuss modification and said that they will probably start foreclosure. So now I am at my wits end. I don't want to loose my home, I have worked so hard to obtain a home and to loose it is so heart wrenching. I am researching for ways to keep my home under the Obama Modification. If anyone has ways of assisting, or know just how I can workout my modification please do not hesitate in contacting me at the email address above.
Thank you,
ramfam22@att.net

I never missed a mortgage payment when after 5 years Countrywide noticed that my entire mortgage payment was applied to P&I and none to Escrow. All property taxes were paid by Countrywide. They never contacted me about any escrow shortage, and instead demanded the $32,000.00 and filed foreclosure.
I have had to file Chapter 13 to stop from losing my home. I have never missed a payment in 37 years., and then they took 4 mortggage payments and applied the entire amount to Escrow, and filed foreclosure
There was no replies to any of my calls for help , and I at a loss of what to do . They do not care and I contact Lisa Madigans office as well.

I would go to the newspapers with this story

Progress Illinois' intention is to foster community and to maintain a comfortable and constructive blogging environment. While we encourage and appreciates different points of view, we do not consider it our duty to give a voice to anybody with an opinion.

Discussion on this site is moderated. All comments submitted will be automatically held for review by the editors before posting. Your comment will not appear on the site until it has been approved.

We will not publish comments that we consider:

  • off-topic
  • long-winded or containing excessive text from another source
  • inflammatory
  • commercial promotion

Please leave a name or nickname when commenting, as it makes it easier for others to respond directly.