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California, Illinois sue Countrywide

A woman walks past an office of Countrywide banking and home loans in Sun City, Arizona.

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TEXT OF STORY

Bob Moon: Today shareholders in Countrywide, the nation's largest mortgage lender, approved a $3 billion takeover by Bank of America, but before they could take a breath, Countrywide got slapped with law suits brought by states attorneys general from California and Illinois.

Both states allege that Countrywide engaged in unfair and misleading business practices.

Here's Marketplace's Jeff Tyler.


Jeff Tyler: To get a sense of just how freely Countrywide gave out loans, consider the case of Peter Sherman.

He wasn't sure if he could afford a house worth half a million dollars. The Countrywide agent told him he could think bigger.

Peter Sherman: And I said, "A million dollars?" They said, "Done." I said "Two million dollars?" They said, "No problem." I said, "But you know how much I make. I've given you all my paperwork. You know I can't pay that back."

Sherman borrowed only what he needed to buy a $300,000 home outside Los Angeles, but other buyers fell for riskier loans.

Illinois Attorney General Lisa Maddigan wants Countrywide to fix the mess it made.

Lisa Maddigan: All of the loans that were originated with unfair or deceptive practices, we want those loans to be either modified or rescinded.

The Illinois and California lawsuits plus scores smaller ones will become headaches for the new owner Bank of America.

Morningstar equities analyst Jamie Peters estimates that Countrywide already has between $5-18 billion in losses hidden on its balance sheet. She says she's split on the merits of the merger.

Jamie Peters: Bank of America is getting an amazing technology platform. It will become the number one mortgage business in the United States. However, the liabilities associated with Countrywide and the losses building up on its books make it questionable that the company is getting a good deal.

Bank of America has an escape clause in its contract though, so far, the financial giant appears committed.

The deal is expected to close next month.

I'm Jeff Tyler for Marketplace.


Editor's Note: After the deadline for Marketplace's radio show, Countrywide Financial provided the following statement:

"We are not going to comment on the specifics of the lawsuit, except to say that we are fully cooperating with the offices of the California and Illinois Attorneys General. Our mission remains to assist our customers. We are particularly focused on working with our customers who are having difficulty making their mortgage payments, or who foresee difficulty with future rate resets."

About the author

Jeff Tyler is a reporter for Marketplace’s Los Angeles bureau, where he reports on issues related to immigration and Latin America.
paul schecker's picture
paul schecker - Aug 20, 2008

they took our home of 20yrs after trying for months to redo the loan! trying to get anything done with them is like pulling teeth you spend countless hours on the phone and get knowhere one person tells you they have a program that will work for you but nothing ever happens loan agents are no better. i dont understand how a company this big gets by with these practices i shure hope there is someone out there that can make them pay for runing so many lives! thanks paul

mario gadea's picture
mario gadea - Jul 10, 2008

my comment is i bought a house for 190000with country wide and they fool me with two different type of loan, and later they offer me to refinance because they said if i dont do it i will pay a lot of money well i decide to refinance with the same company country wide, so they charge me 10000 on penalty for refinance to early and 10000 on closing cost finally everything jump up to 190000 plus 10000 plus 10000 it came up to 210000 and they still gave a variable interest staring at 2.5% i was paying 570 monthy i though i made a good deal in six month countrywide call me and say that my principal morgage jump up to 215000 if i dont refinance i will lost the house, so finally i went to a different bank with bank of americal to refinance they gave a good deal but i was to late because country wide charge me another 10000 for refinance to early another word my morgage jump up to 240000 thousand right now i cant not pay the morgage and i losing my home i think the goverment should penalice the bank not the custumer.this is my story i wrote this because i like that everybody know about this,right now i and afraid that bank of america sued me for defficiend judment even it not my my fall that the loan jump up that much