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Countrywide Investigation? Could pose more instability for the enitre industry

By
Mortgage and Lending with Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 NMLS ID# 158606

Reuters News Service and the Associated Press are both quoting a story in the Wall Street Journal on Wednesday that Angelo Mozilo, is under an informal investigation by the Securities and Exchange Commission (SEC).  People think that this is the next Enron in the works.  This would NOT be a good thing for anyone associated in mortgages, lending, real estate or affiliated in any manner in real estate.  This would be devastating.  I kinda like what I've seen and heard from Mozilo...He walks an adventurous line with the way he acts and seems to be a real visionary.  According to Reuters, Countrywide is the largest mortgage company in the country and Mozilo, its founder, is generally credited or blamed for the company's evolution from a mostly conventional lender into one where subprime products dominated.

It appears that Countrywide is not alone, and that the SEC is apparently investigating a dozen or so companies, including Countrywide, in connection with the subprime mess but, according to The Wall Street Journal article it is taking a special but informal look at Mozilo.

At issue is the sale by Mozilo of some 130 million of his company's stock in the first six months of 2007. It seems that there is a rather large loophole... ahem, provision, in the rules against insider trading that allows an insider to set up what is called a 10b51 trading plan. Such a plan, once established, allows the insider to proceed with transactions such as buying, selling, or exercising options even if he or she subsequently comes into possession of information that might impact stock prices which is not available to the public.

Let's hope that nothing happens in this investigation.  I don't get even a tacit amount of fun hearing this.  I love competition, and CW is the greatest of the competitors.  Plus they're our number one correspondent lender.  COUNTRYWIDE is great for lending.  Sure they messed up as a whole during this sub-prime mess, but so did most every other lender.  The issue at the moment is Angelo.  Keep your fingers crossed.  The fallout of this would be decimating for us....and the government would be all over all aspects of real estate regulating everything we do.  We're already over regulated.  Let's see how this comes down.  Hopefully, this will be just a fly by with no bombs dropping.  Stay tuned.

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Comments(4)

Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos
Larry,  Kind of has a bad odor aboutit doesn't it?  Having the SEC knock on the door is never good.
Oct 22, 2007 02:22 PM
Terry Osburn
BHHS|Drysdale Properties - Pleasant Hill, CA
Broker Associate
Hmmm, not good but lets hope for the best.
Oct 22, 2007 02:28 PM
John MacArthur
Century 21 Redwood - Washington, DC
Licensed Maryland/DC Realtor, Metro DC Homes

Larry - This is quite offensive - It seems that there is a rather large loophole... ahem, provision, in the rules against insider trading that allows an insider to set up what is called a 10b51 trading plan. Such a plan, once established, allows the insider to proceed with transactions such as buying, selling, or exercising options even if he or she subsequently comes into possession of information that might impact stock prices which is not available to the public.

Whether you have tongue in cheek or not, nothing indicated is against the law. Loophole, provision....whatever you want to frame it..............it is the law. Lenders were also the largest cheerleader for repairing credit through services that allowed borrowers to pay for the priviledge of being an authorized user. That was a loophole or provision and it certainly stunk to high heaven. But it was legal.

You mention you kind of like Angelo. Are you close personal friends? Have you spent any time with him outside of a possible convention or business meeting? You mention you are over regulated already. If your industry were over regulated, they would be under the microscope for any number of infractions. Is your industry required to have someone sign that they understand the GFE? Are you required to reveal the YSP to a customer before you make the loan? Is there any oversight or checking done on stated income loans to verify that the information is accurate? (Even on a test case basis?)

Let's face it, the mortgage industry is given guidelines and some rules and each firm can decide on their own how the will interpert the rules and regulations. Your industry only decided to have a code of ethics within the last few weeks.

Don't take condescending shots at Countrywide. They are no better or worse than the rest of the firms. If you don't like the loopholes or provisions........contact your congressman and see if he will introduce legislation to change them.

Oct 22, 2007 02:43 PM
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

Bill....I don't think that's necessarily the case.  I sure hope not....innocent until proven guilty, but that's the point.  There is smoke, but is is just smoke. 

Terry....I'm sure that It'll be just fine.  Remember, there are a slew of companies out there with these issues.  It just may be the "house of cards."

John, thanks....I don't feel that I've been condescending at all, but I appreciate the off line communications.  I think we both better understand each other.

Oct 22, 2007 03:38 PM