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29 Feb, 2008 4:05 am
... , in an unusual filing, the United States Trustee for the Region that includes Georgia filed a lawsuit against Countrywide for a multitude of alleged offenses in a Chapter 13 case pending in the Northern District. See Walton, United States ... and/or prosecuting motions seeking relief from the automatic stay to foreclose on consumer mortgages. 43. In this case, Countrywide failed to ensure the accuracy of two motions for relief from the automatic stay that contained allegations that were inaccurate ...
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
4 Apr, 2008 7:18 am
... Fed.R.Bankr.P. 2004(c) and 9016, indicates that the UST seeks to examine the "corporate representative" of Countrywide regarding "its bankruptcy procedures as they relate to the Debtors' financial affairs, the administration of their estate, and the ... Countrywide and this Bankruptcy Court. These are not documents that will implicate any private business affairs or strategies of Countrywide, and there is no question that they would be discoverable in traditional litigation between the debtor and ...
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
1 Jun, 2008 5:55 am
... Countrywide will engage in any other allegedly improper conduct within the course of the underlying bankruptcy case or that Countrywide will even have a continuing role in the underlying case. .... If the Plaintiff's allegations are accepted as true, ... as compensation to the debtors or the debtors' estate. (Compl. at 16). Additionally, Plaintiff has not alleged that Countrywide is currently violating an order of the Court or any part of the Bankruptcy Code; thus, Plaintiff has not alleged civil ...
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
1 Apr 11:50 pm
... consideration from BOA or by assigning the derivative claims to a litigation trust that could pursue the claims for the benefit of Countrywide's shareholders." The Vice Chancellor, however, was not persuaded. In discussing the applicable law, the ... the SRM Objections related to the Lewis Statements, the Court would certify the defined class of former Countrywide stockholders." Moreover, the Court found that except for "the problems with the scope of the release, the settlement … would be approved ...
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
24 Mar, 2008 5:18 am by Michael J. Hassen
... alleging violations of the federal Real Estate Settlement Procedures Act (RESPA); the class action complaint alleged that Countrywide obtained virtually all of its credit reports from Landsafe, that prior to August 2002 Landsafe charged Countrywide $25 per ... to an illegal markup, id., at 1157. In rejecting this argument, the district court found that "(1) all of the money Countrywide charged from the credit reports was paid over to Landsafe; and (2) the increase in price was related to services ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
1 Oct, 2007 8:42 pm by Kevin Funnell
... . On the other hand, Countrywide appears to be betting long-term on attracting deposits the old fashioned way: branching. Countrywide plans to double its number of branches offering savings accounts to more than 200 over the next four to six ... worth of mortgage loans that have been sold to investors in the last few years, it is not the banks or lenders like Countrywide that are hit with big losses when homes go into foreclosure. It is the sea of faceless investors who own pieces of these trusts. ...
Bank Lawyer's Blog - http://www.banklawyersblog.com/3_bank_lawyers/
2 Oct, 2007 8:33 pm by Kevin Funnell
... . On the other hand, Countrywide appears to be betting long-term on attracting deposits the old fashioned way: branching. Countrywide plans to double its number of branches offering savings accounts to more than 200 over the next four to six ... worth of mortgage loans that have been sold to investors in the last few years, it is not the banks or lenders like Countrywide that are hit with big losses when homes go into foreclosure. It is the sea of faceless investors who own pieces of these trusts. ...
Bank Lawyer's Blog - http://www.banklawyersblog.com/3_bank_lawyers/
27 Jul 4:40 am by Michael J. Hassen
... this issue of first impression in the Ninth Circuit, the Court explained that "no rule or decisional authority prohibited Countrywide from filing its motion to deny certification before Plaintiffs filed their motion to certify, and Plaintiffs had ... its conclusion that individual issues predominate over common issues." Vinole, at 8303. The district court granted Countrywide's motion based on its holdings that "(1) it was not obligated to wait for the pretrial motion deadline before considering the ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
13 Oct, 2008 7:53 pm
... Defendants thereafter filed a further motion to dismiss, arguing that as a result of the merger, the plaintiffs were no longer Countrywide shareholders and therefore lacked standing to pursue the derivative lawsuit. Judge Robinson granted the defendants' motion ... case create a "cogent and compelling inference that the individual defendants misled the public with regard to the rigor of Countrywide's loan origination process, the quality of its loans, and the Company's financial situation - even as ...
The D & O Diary - http://www.dandodiary.com/
20 Oct, 2008 3:27 am by Kevin Funnell
... 2008, more than 2,000 appraisers appeared on "the list." The claim stated that any appraisal submitted to Countrywide from a blacklisted appraiser was automatically sent to LandSafe, who can render an appraisal "unusable" if it doesn't fall ... practice for more than four years. The complaint states the plaintiff, Capitol West Appraisers, refused to succumb to Countrywide's alleged pressure - as a result, the company was placed on the list. The allegations are reminiscent of those made by appraiser ...
Tags: Employment
Bank Lawyer's Blog - http://www.banklawyersblog.com/3_bank_lawyers/
31 Mar, 2008 4:48 am by Michael J. Hassen
... consolidated under Arkansas Teachers, No. CV-07-06923," were filed in the California federal court "alleging that Countrywide directors engaged in an extensive pattern of misconduct in disregard of their fiduciary duties to the corporation," id., at 6, ... was unconvinced. While it agreed that Bank of America may succeed to any derivative claims upon its acquisition of Countrywide, id., at 18, the court found that plaintiffs had not established that the extraordinary relief would preserve the status ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
3 Dec, 2008 6:08 am
... ), Central District of California District Judge Mariana R. Pfaelzer substantially denied the defendants' motions to dismiss the Countrywide subprime-related securities class action lawsuit. Background regarding the case can be found here. The ... such as 'high quality' are generally not actionable"; however, in this case, the amended complaint "adequately alleges that Countrywide's practices so departed from its public statements that even 'high quality' became materially false and misleading" and ...
The D & O Diary - http://www.dandodiary.com/
9 Jun 8:17 pm by LaBovick Law
... for allegedly hiding financial difficulties which led to the company's collapse from the subprime mortgage crisis. In 2007, Countrywide Financial was the United States' largest mortgage lender. When it collapsed in 2008, the Bank of America acquired Countrywide for more ... financial malfeasance, that their subordinate employees hid important information. The SEC has collected top Countrywide executive e-mails (sent while the housing market was starting to decline) that portray a rosy public picture ...
The Law Planet Blog - http://blog.thelawplanet.com/
15 May, 2008 6:59 pm
... within 20 days. At one level, Judge Pfaelzer's order is a reflection of the specific allegations in the Countrywide complaint, particularly as pertains to the allegations of deteriorating underwriting and loan origination practices, and as ... . Other defendants in other cases may be able to establish the insufficiency of the plaintiffs' allegations, but the Countrywide decision could be interpreted to suggest that the defendants will have to overcome courts' receptivity to similar allegations. ...
The D & O Diary - http://www.dandodiary.com/
2 Nov 3:51 am by Michael J. Hassen
... channeled into an unlawful 'captive reinsurance arrangement' - essentially, a kickback scheme - operated by their mortgage lender, Countrywide Home Loans… and its affiliated reinsurer, Balboa Reinsurance…in violation of RESPA section 8(a) and section 8 ... at 3, 7-8. Plaintiffs appealed, and the Third Circuit reversed. The class action was premised on the theory that Countrywide steered homebuyers who needed PMI insurance to companies that would "reinsure" the PMI policies with Balboa pursuant to a ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
16 Sep, 2007 9:41 pm by digg
The mortgage lender's employees say the value of retirement accounts plummeted by millions as the company's stock fell. Some Countrywide Financial Corp. employees sued the mortgage lender Wednesday, claiming they suffered heavy losses in their 401k retirement accounts after the company failed to warn them about the depth of its financial troubles. read more | digg story
The FRAUDfiles Blog - http://www.sequence-inc.com/fraudfiles
23 Oct, 2007 4:34 pm
... record shot to hell based on advice she and her husband were given when they called their lender, Countrywide, looking for a refinance solution. This is how this homeowner tells the story: She and her husband have an adjustable loan from Countrywide, ... they were still current on their payments at the time. The woman said her husband was told by someone in the workout department at Countrywide that they should stop making their payments while the lender figured out a solution for them. (Danger! ...
Tags: Mortgages
Square Feet - http://www.mercextra.com/blogs/realestate/
29 Jan, 2008 7:21 am by Carolyn Moskowitz
... are triggered even when the executive chooses to stay with the company after the acquisition or quits voluntarily. On January 28, Countrywide announced that Mozilo will voluntarily give up $37.5 million in severance and consulting pay in connection with ... takeover. ``My primary focus today, as it has been for the past 40 years, is to do what is in the best interests of Countrywide's employees, customers and shareholders,'' Mozilo said in the statement. The blow to his wallet will be softened by ...
pomtalk - http://www.pomtalk.com/pomtalk/
26 Jun, 2008 3:52 pm by Jason Siegel
... rise rapidly months down the road. This would produce dramatic increases in monthly mortgage payments, according to the suit. Countrywide avoided the risk of default from the subprime loans by repackaging them and selling them in the larger credit markets. " ... , except to say that we are fully cooperating with the offices of the California and Illinois Attorneys General," according to a Countrywide's prepared statement. "Our mission remains to assist our customers. We are particularly focused on ...
The National Law Journal's L.A. Legal Pad - http://www.lalegalpad.com/
28 Jul 7:33 pm by Kevin Funnell
... of this year, Colorado's Attorney General proudly announced that "Colorful Colorado" had squeezed $6 million out of Countrywide Financial Corp. for alleged violations of Colorado's Consumer Protection Act, arising out of Countrywide's subprime mortgage ... told,Texas made out like a bandit compared to Colorado. However, California, with a whopping $3.5 billion carved out of Countrywide's hide, remains the Platonic ideal of claimants, of whom all other claimants are merely pale reflections. While it ...
Bank Lawyer's Blog - http://www.banklawyersblog.com/3_bank_lawyers/
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