Countrywide sued for racketeering over appraisal practices
Filed under: Real Estate, Ripoffs and Scams
The lawsuit is seeking class-action status, and has been filed under the Racketeering Influenced and Corrupt Practices Act.
The legality of the matter aside -- Countrywide has not yet responded publicly to the allegations -- the personal finance message here is clear. Anytime that a provider of a service requires you to use an affiliate or subsidy for a service that could also be done by a third-party, you are being ripped off: If they weren't making money from the deal, why would they be so adamant about what lender or appraiser you use?
This will be an interesting case to watch. The allegations sound pretty serious but with all the terrible things about Countrywide that have come to light in the past year, nothing would surprise me at this point.
Money Clips
- HILARIOUS: Warren Buffet Plays Axl Rose in New Commercial - Huffington Post
- ON THE PLUS SIDE: Where Home Prices Are Rising - CNNMoney
- FRICTION: Could China Trade War Put Walmart Out of Business? - 24/7 Wall St.
- PROFILE: Opinionated Auto Industry Insider Dies - FORTUNE
- DON'T LAUGH: More Homeowners Turning to Fake Grass - SmartMoney
- HIT HARDEST: States Hurt Most From Rising Gas Prices - CNBC
- GET YOUR MONEY'S WORTH: Best Cars to Buy Used - CBS MoneyWatch



Reader Comments (Page 1 of 8)
1-15-2009 @ 12:57PM
Nick said...
This may be a Countrywide thing, and should not be considered prevalent throughout the entire industry. Of course, if a lender pushes you to a particular credit agency, appraiser, title company, tax and flood service, or otherwise, and they charge more than a usual, normal sum, suspicion runs rampant (and perhaps with justification). In many cases, the lender has a special relationship of trust with one or more particular providers, and they may even be charging less than the average outside source. Bottom line, if possible, shop around as best you can with good faith estimates in hand in order to get the full picture before selecting any lender.
Reply
1-16-2009 @ 7:12PM
Rick said...
Countrywide also perpetrated what I consider to be insurance fraud in our case. They did not pay our premium after repeated promises to us and the insuror to do so, the installed their own (countrywide) policy, and refused to delete those charges. A new policy was more expensive and the former insueror refused to re-insure as our policy lapsed.
1-15-2009 @ 1:52PM
shelly said...
This appraisal fixing has been going on since the 1960's. Real Estate Brokers and Agents paid appraisers to make sure the appraisal on the property would be high enough for the loan to be approved. Private appraisers who would not agree to these conditions. Would not be used by Real Estate brokers and agents.
This still holds true today.
Reply
1-16-2009 @ 3:12PM
Forgetmenot said...
Hi Shelly; an Appraiser is chosen by the lender, not the Real Estate Broker or Agent. It's possible that there may be some influence being used in some situations but not many. Also in recent years, most lenders have to use a rotating schedule for appraisers. Of course, when the real estate market was hot, we saw some very shady activities but hopefully that's all behind us now. A case of... something good comes out of something bad.
1-16-2009 @ 5:49PM
greg said...
This maybe amoung some but not in general. I have been in the business for 15 years and I or anyone I know has done this also I have had no appraisers ask for money either
1-17-2009 @ 2:43PM
jdee said...
I'd love to know where you get your information from Shelly. in 22 years of appraising property, i have been told once, by an applicant, make my value and i'll be your santa claus. i appraised his house for what it was worth, the value was not high enough and he didn't get his loan. you may speak for others but not all. What line of business are you in? any bad apples in the bunch? I have NEVER had a broker/agent offer me anything to hit a number.
1-18-2009 @ 12:35AM
Ann said...
It is my firm belief that this collusion between appraiser and Mortgage company is the reason so many people are in homes with larger mortgages than they can afford.
And it has contributed to the downfall of the American mortgage industry as a whole. They got too .... greedy. And their buddies, the realtors helped them out a whole lot.
1-16-2009 @ 10:12AM
Bas said...
We bought our house in 2003 with Countrywide - our mortgage broker told us to hire our own appraiser, and that was fine with Countrywide. The appraisal was all of $200. I know many people have had issues with Countrywide, but they were great for us. Then again, we got a standard 30 year mortgage, and even refinanced a year later with them when rates dropped again. I wonder how many of these people were in the sub-prime category?
Reply
1-16-2009 @ 2:37PM
paula said...
I am a Realtor. I do preform "drive by" opinions of value for one of these so called third parties. I am paid very little for the time but used to look at it as helping the industry. Imagine my suprise one day sitting at a closing with one of my clients and they buyers appraisal was completed by the company that I had completed work for during the year. The fee was $350 when I am sure the Realtor that did the drive by opinion was paid less than $100......It is disturbing to see this type of profit by these companies and they are not really giving a full service
1-16-2009 @ 6:08PM
Katie said...
Paula -
I am an appraiser and often the lenders do 2+ valuations on a property prior to issuing a clear to close. They typically charge for the licensed appraiser to the borrower. One of the biggest problems we face right now is that so many loans were issued based on a real estate agent's opinion, desktop valuation, and AVM products. I have also been a real estate agent for 12 years and a loan should never be allowed based on a BPO (real estate agent drive by as you all it) when the LTV is higher than 60%. Many real estate agents, mostly new ones who would work for little, helped create this mess due to their inexperience and lack of underwriting and lending guidelines. There needs to be a disclosure in the closing packages that the borrower is entitled to a copy of the appraisal. I think that would stop a lot of the schenanigans. I tell borrowers at their home they have a right to a copy and to contact the lender to get that copy.
Don't get offended, but I think it's more disturbing that lenders have been issuing billions of dollars in loans based on a real estate agent's opinion. That much money needs a licensed valuation professional. Real Estate Agents work on the basis of highest price possible, in as short a time period as possible. I am sure that bled over into over valuations of homes during the boom. An appraiser values based on most probable price. That is usually lower than the absolute high the market received. Both are okay mind frames, but the real estate agent's mind frame is not a protection to the lender or the borrower.
Thus the mess we are in.
1-16-2009 @ 2:08PM
William Deiter said...
I fully agree, those situations are truly horrendous, but mine is worthy of note also. Titusville Florida, and Brevard county, raised my property tax another 60 dollars a WEEK, yes that is correct, a WEEK, they are making those of us who didnt lose our house pay for those who did................................I am very sorry for those people that lost out, but that doesnt and shouldnt make me accountable for it!!!!
Reply
1-16-2009 @ 3:29PM
elmer zinger said...
I would think this is unfair taxsation....Time for another tea party or a somekind of a Lawer...
1-16-2009 @ 4:50PM
Art said...
3% a year max If you are a snow bird 10% max in the state of FL. you must have a million dollar house.
1-16-2009 @ 2:12PM
moonlitcountry said...
We have a Countrywide Loan. After building our house ourselves, we were looking for a refinance. They sent the appraiser out to the farm. She came in and looked at our house & after lavishing the praise on how nice the home was (we have a "cabin in the woods" with pond, horse pasture, completely secluded....) she asked how much I needed it to appraise for to get the loan. Lo & behold the appraisal came thru at just that amount...should have told me something right then.
Reply
1-16-2009 @ 4:48PM
concerned citizen said...
Glad to see a lawsuit being initiated by a private home owner. The whole system is corrupt in my book, I noticed something was up in the early 90's when my mortgage was sold 3 times within a 2 1/2 yr time frame. Totaly sick how wall street all the way down in the morgage industry screwed everyone in the process and now the FEDS bailing them out at TAXpayers expense. BAILOUTS ARE FOR LOSERS.
1-16-2009 @ 2:24PM
Mike said...
AMERIQUEST,,,,,,,,,,,THATs who someone needs to sue. They are the rip offs of the world. They cheated me out of thousands of dollars. They are the biggest liars and cheaters in the history of mortgage.
Reply
1-16-2009 @ 5:35PM
Jacki said...
They have been sued. Look in the Kansas City area.
1-16-2009 @ 7:31PM
Brenda said...
GMAC took my home in June of 2008 after I was in a 1 yrs forebearance and paid on time every single month for that year......I paid $500 each month and at the end I had secured a 2nd income of cleaning a newspaper office and of course they considered that income and instead of helping me by letting me refinance or something they wanted me in a new agreement at $832 because of my 2nd income........for the same home.....same crappy neighborhood that was going downhill.........so instead of helping they charged fee after fee after fee.that i'd already had from Fairbanks Capital Morgage from before that got into trouble for their trumped up fees. So of course I just let them have it because there's no way I could pay or would be $832 a month for that 2 bedroom 1 bath house..............if you ask me they all do us dirty. I was a single mother working at $23,000 a year.........but I got no bailout and no help !!!! And living in an apartment now.........
1-16-2009 @ 2:26PM
MacDaddy said...
i have a condo in Florida that i payed $138.000 4 years ago.they are now selling ( in foreclosures ) or short sales for $39.000.I feel the gov bailed out these crooks and the buyers are paying twice.Once for the bail out and one for the over cost of the homes !We need all homes purchased in this time period re-appraised to fit the REAL market value !
Reply
1-16-2009 @ 7:38PM
justpicky said...
You're totally right ..............CEO'S , banks , and may other companies should NEVER RECIEVED BILLIONS ESPECIALLY A.I.G. ....
Many people could afford there homes IF mortgage companies didn't screw them over . Companies stop laying off .
i know people who's laid off , they can afford there homes , but many people can again because people are being LAID OFF .
there's many reasons why those who can't afford.
everyone has a story to tell , and zillion reasons why.
I bet you've a family or friend or coworker who's in a situation .
Have you sit down and checked your own finances .
Let's pray and think positive , best results..........