Sunday, March 30, 2008

Countrywide Facing Fight With U.S. Trustee After "Missteps" With One Georgia Homeowner In Bankruptcy

In Georgia, The Atlanta Journal Constitution reports on the story of a Cherokee County couple, Robin & John Atchley, who reportedly lost their home after a fight with Countrywide Home Loans.
  • Unlike many families caught up in the mortgage meltdown, the Atchleys did not lose their house because they couldn't make their mortgage payments. They lost it because of the expense and frustration of trying to force Countrywide to comply with bankruptcy laws that are supposed to offer a safe harbor to committed homeowners.

  • The massive California-based lender and its Atlanta law firm, McCalla Raymer, went to bankruptcy court twice within three months seeking permission to foreclose, claiming the Atchleys had not paid the mortgage. But the Atchleys' lawyer produced receipts in both cases proving that the Atchleys had indeed made their payments.

  • The problems didn't end there. The family says that Countrywide repeatedly billed them for inappropriate fees and charges that pushed the cost of the mortgage beyond their reach. About the time their children hesitated to ask for lunch money, Robin and John Atchley decided enough was enough.

  • They sold the house and paid Countrywide a balance that they thought was well above what they really owed. Their children got in the car with their suitcases and the family moved in with Robin's parents until they could save enough money to rent a house nearby.

***

  • The Atchleys moved on months ago. But someone with considerable resources decided recently to take up the fight. The Justice Department's United States Trustee in Atlanta attracted national attention in late February by going to court asking for sanctions against Countrywide for its actions in the Atchley case.

For the rest of this lengthy article, see Couple lose home in Countrywide dispute, but may yet win (Feds seek sanctions, say lender abused bankruptcy laws).

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

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