Wednesday, January 09, 2008

Countrywide Fabricated Documents In Consumer Bankruptcy Case, Says Court Transcript

The New York Times reports:

  • The Countrywide Financial Corporation fabricated documents related to the bankruptcy case of a Pennsylvania homeowner, court records show, raising new questions about the business practices of the giant mortgage lender at the center of the subprime mess. The documents — three letters from Countrywide addressed to the homeowner — claimed that the borrower owed the company $4,700 because of discrepancies in escrow deductions. Countrywide’s local counsel described the letters to the court as “recreated,” raising concern from the federal bankruptcy judge overseeing the case, Thomas P. Agresti. “These letters are a smoking gun that something is not right in Denmark,” Judge Agresti said in a Dec. 20 hearing in Pittsburgh.

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  • O. Max Gardner III, a lawyer in North Carolina who represents troubled borrowers, says that he routinely sees lenders pursue borrowers for additional money after their bankruptcies have been discharged and the courts have determined that the default has been cured and borrowers are current. Regarding the Hill matter, Mr. Gardner said: “The real problem in my mind when reading the transcript is that Countrywide’s lawyer could not explain how this happened.”

For more, see Lender Tells Judge It ‘Recreated’ Letters.

For additional documents in this case, see:

Go here for other posts on the Countrywide matter in the Pittsburgh federal bankruptcy court.

Go here, Go here and Go here for more on recent Countrywide problems with consumers.

Go here , go here , and go here for posts on questionable mortgage servicing practices.

For more on the alleged misconduct and sloppiness by lenders and servicers against homeowners in the context of consumer bankruptcy cases, go here to download Misbehavior and Mistake in Bankruptcy Mortgage Claims, by Katherine M. Porter - University of Iowa - College of Law. questionable mortgage servicing practices tactics yak