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Countrywide and Landsafe Class Action Lawsuit

By
Real Estate Agent with Keller Williams Carmel Valley BRE# 01864967

I wonder how much of this is still occurring?  I deal with banks, including Countrywide, daily negotiating short sales.  I have had Countrywide order 3 appraisals for the subject property - all with in 5 days of each other.  I don't recall having the appraiser ever show up, but I know the cost of those appraisals has been tacked on to the balance of the loan.  Hmmmmm.............

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SEATTLE - A group of Washington homeowners this week filed a lawsuit against Countrywide, a wholly owned subsidiary of Bank of America (NYSE: BAC) and the nation's largest mortgage company, claiming the mortgage giant illegally rigged the appraisal process in a scheme to boost profits at the expense of homeowners and independent appraisers.

Filed under the Racketeering Influenced and Corrupt Practices Act (RICO), the suit claims that Countrywide forces homeowners to use its wholly owned subsidiary LandSafe, for appraisals. The company then turns around and subcontracts the work to independent appraisers while charging homeowners as much as 200 percent of the actual cost of the appraisal. Download Hagens_Berman_ClassAction

The suit also contends that if independent appraisers do not accept Countrywide's fee structure or appraisal guidelines, they stand the risk of being blacklisted for further work by the industry giant.

The lawsuit, filed in U.S. District Court in Seattle, seeks to represent all homeowners who purchased or refinanced their home through Countrywide and LandSafe, and asks the court to award plaintiffs damages.


According to the suit, LandSafe turns the appraisal work to a third-party, demands they follow the developed fee structure and if they refuse, adds them to a field review list that identifies appraisers Countrywide will not work with.

The lawsuit claims LandSafe subcontracts much if its appraisal work to a network of independent appraisers, but offers them rates as low as $140 per appraisal. The company then marks the costs of the appraisal back as high as $410 when invoicing homeowners.

Plaintiffs claim the practice is damaging to homeowners who pay the inflated fee and appraisers, who are forced to work below market standards or risk losing work in the future.

If you purchased or refinanced your home through Countrywide and LandSafe you can
join this suit. You can also contact attorneys at (206) 623-7292.

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Yalda Alawi

Phoenix Real Estate

Posted by

With a Smile,


Yalda Alawi

REALTOR

Solutions Real Estate

yalda@SDRELady.com

www.SanDiegoRealEstateLady.com

Licensed in California and Arizona

Anonymous
Carol

Bank of America is doing worse than Countrywide since aquiring this company. I know a appraiser that has been black listed for not compling with what Bank of America wants with lowering property values. Checks are mailed from Bank of America....

Apr 14, 2009 02:34 PM
#1
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I HATE COUNTRY WIDE!  If Realtors did this we would loose our License. 

I just want to set IN THE HOT TUB and fume.

Apr 30, 2009 04:09 PM
Anonymous
felicia ed.

is there a class action aginst countrywide active in texas?

Jul 01, 2009 10:47 AM
#3
Anonymous
Chris

Country Wide aka BofA Home Loans, doesn't care about saving their customers credit or their own money. I lost my job due the economy and I couldn't make the payments so I set my house up for short sale. I have had 3 offers for more than what is owed on the primary loan and the 2nd loan has tried to get Country Wide to accept the most current offer so they can recover what they can. Country Wide has done nothing since January '09 when this has all started, no returned calls no apprasials, nothing but collection calls. The realitors said the people they assigned it to have left or it has been changed to other departments and no one knows who the person is to talk to. Today I received a notice they are starting the foreclosing process and it is going up for auction in November. Other homes in the area have gone to auction for 1/2 the price of my latest offer-- their loss, but my credit is worsened than if it would go for a short sale and my and fustration is beyond description. If I had the money I would sue them, but if I had the money I would keep the house.  The only thing I can do is never do business with BofA again-- I'm sure they care a lot about that too-- yeah right!

Aug 14, 2009 01:36 PM
#4
Anonymous
Jera and Rick

Countrywide refinanced our home for us back in 2007, I believe. They made us use Landsafe for our appraisal company and I wanted to use my own personal appraisal company and they wouldn't allow it. Landsafe came in, charged me and left. Needless to say I was so excited to hear that my home was now worth $140,000 and that all the remodeling had paid off. I didn't know until Dec 08 that my house in the neighborhood and comparible market, that my house would never sell for more than 98,500.00. I have been on the list for the modification loan since Aug 2008. I have all my notes, who I talked to, what they have told me and the date and time. I also have a printout from countrywide, now bank of america's website telling my modification would be done by Dec 25, 2008. I have been told not to make my payments, that it would mess up their numbers. The last payment I made is still sitting there, not-applied to my account.  When I go to make a payment it tells me I cannot make one at this time because of the modification. I haven't made a payment in 12 months now and am waiting to be foreclosed on. I lost my job and was unemployed for 11 months and thought beings I was talking to my mortgage company that it would all be ok, that they are the ones who knows what they are doing. I am still being assessed late fees like you wouldn't believe and also all these extra fees when they have me locked out of my account. Is this legal? I have called them and called them. They have never once called me about this matter. But it will be my husband and I, with our kids out on the street beings they have killed our 720 credit score down to the low 500's now. We are upside down in our loan, by 50,000.00 and they will not even talk to us about it. Now they say they will have an answer for us by Sept 30, 2009. Which means, we will be out on the street beings we cannot get a reasonable loan that we can afford to put us in a house. I have emailed senators, govenors, the whitehouse even and they all told me the same thing, talk to your lender.... what happens when I am the one calling them, they don't talk to me... They don't tell us what the plan is, but no one understands that.

Sep 01, 2009 01:41 PM
#5
Anonymous
al swett

Is there a class action lawsuit in Maine. We received a letter of a pending lawsuit. Thank you

Apr 24, 2010 05:36 AM
#6
John Puplava
ABC Home Inspections,L.L.C. - Prescott, AZ
ABC Home Inspections,L.L.C.

Hi Yalda,

How are you doing today. I just want to introduce myself my name is John with ABC HOME INSPECTIONS.If I can assist you in anyway as a HOme Inspector please give me a call.

Thanks,

John with ABC HOME INSPECTIONS

602-471-7384

Sep 13, 2010 05:22 PM
Anonymous
random

For the homeowners , ARE YOU A LIC APPRAISER? ya didnt think so , i love how many homeowners assume they know what their house is worth , THE MARKET IS NO WHERE IT USED TO BE THANKS TO SHADY REAL ESTATE OWNERS AND BROKERS OUT FOR BIG CHECKS AND PAYING OFF APPRAISERS TO HIT A VALUE ,  that is why now there are many laws and restrictions in place , as in why Landsafe is a 3rd party , because lets face it if brokers and real estate agents and homeowners had their way influencing appraisers to hit a value this market would crash once again , there are many laws protecting appraiser from people like you & most appraiser Blacklisted is because they are hitting values and or coming up with crazy numbers , Landsafe reviews ALL appraisal submitted to ensure it meets not only guidelines but fannie mae , iam sorry your home didnt come in a value you had thought it was worth but you arent licensed to appraise homes , your house is compared to others , market conditions influence the value , how many homes are sold , etc.

Sep 27, 2010 02:02 PM
#8
Anonymous
Elliott

We had the worst experience with Landsafe and B of A home loan, who charged our credit card $447 for the bogus appraisal.  A psychopathic mental patient came in as an appraiser, spent only ten minutes at the premises, took a few pictures, and then listed our 4-bedroom house as a 3-bedroom and appraised it $60K below the market value.  Why?  Because the biggest bedroom in the house used to have a closet but it was taken out by the former owners so they could open it up with a door attached to the adjacent bedroom. 

Mind you, our house is listed as a 4-bedroom with the LA County and the MLS, but this idiot decided that the biggest bedroom in the house didn't count as a bedroom because it didn't have a closet!  This caused us to abandon our refinance application with B of A and go with another company.  The new appraiser appraised it at $440K and in the end it all worked out to our advantage because we refinanced our home at 3.75% 30-year fixed, instead of 4.125% that the B of A was going to give us, plus we paid zero closing costs, instead of $2500 that the B of A was going to charge us.  In our opinion, B of A should have fired this idiot who cause us to leave them and go to another broker, but they are too big to notice these little things. 

Ultimately we won.  A much lower rate, no closing costs or appraisal fees, and everything happened in 2 weeks, instead of 2 months of waiting and being nitpicked on by B of A underwriters - all mental cases, paranoid about the possibility that some teacher/professor like me, with a Ph.D. degree and 2 stable jobs, 24 years of work experience, and a Fico score of 800, who MIGHT try to default on his home loan!!!  I mean what are the chances?  They failed to screw me over, so it was THEIR LOSS.  We are totally happy with the outcome even though we will have to pay the $447 credit card bill for this bogus appraisal.  This was the LAST TIME we were stung by Bank of America or one of its affiliates.  We will make up for this loss in one mortgage payment.  Try Cash Call if you wish to refinance.  They are wonderful.

 

Apr 20, 2013 04:08 PM
#9