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Bank of America acquired Countrywide two years ago. (Associated Press/ File) |
Countrywide borrowers to get share of $108m
FTC says lender overcharged for foreclosures
WASHINGTON — Countrywide Home Loans and its mortgage-servicing unit, which are now part of
The Federal Trade Commission claimed that Countrywide charged highly inflated amounts — $300 to mow a lawn, in one instance — to more than 200,000 homeowners whose mortgages Countrywide serviced as part of its home loan business.
The company assessed the fees on customers who had sought to reorganize their debts and save their homes or on homeowners who, the company claimed, sometimes falsely, were in default on their loans.
The filing closes one chapter of the mortgage crisis, but it does not the end the story that has emerged from the unraveling of the housing market. The charges filed yesterday assert that Countrywide and its subsidiaries made false claims in filings in federal bankruptcy court.
Federal officials said those assertions could be followed up by the Federal Fraud Enforcement Task Force, an interagency group that includes the Justice Department, which, unlike the trade commission, can pursue a criminal case.
Countrywide was one of the nation’s biggest home mortgage companies before its questionable lending practices led it to the brink of bankruptcy and into the arms of Bank of America in 2008.
The $108 million payment resolves the largest mortgage-servicing case in the FTC’s history with one of its largest overall judgments. The money will be used to reimburse homeowners who were charged the excessive fees by Countrywide before the July 2008 acquisition.
Jon Leibowitz, chairman of the FTC, said Countrywide “profited from making risky loans to homeowners during the boom years, and then profited again when the loans failed.’’
Bank of America neither admitted nor denied the charges. As part of the settlement, it agreed to be permanently barred from making false representations about amounts owed by homeowners, from charging fees for services that were not authorized by loan agreements, and from charging unreasonable amounts for work.
In addition, the settlement requires the company to establish internal procedures and an independent third party to verify that bills and claims filed in bankruptcy court are valid.
In a statement, Bank of America noted that the case involved conduct predating its acquisition of Countrywide, adding that it “agreed to this settlement to avoid the expense and distraction associated with litigating the case.’’
The FTC and the US Trustee Program, which enforces federal bankruptcy laws for the Justice Department, said that in numerous instances Countrywide misled customers or bankruptcy court officials.
The fees, which were billed as the cost of services like property inspections and lawn mowing, were grossly inflated as Countrywide created new subsidiaries to hire vendors to supply the services, the commission said.
The FTC has not yet established how much will be paid to each consumer, Leibowitz said, in part, because Countryside’s record keeping was “abysmal.’’ The $108 million settlement represents the FTC’s estimate of consumer losses, but does not include a penalty, which the commission cannot impose.
About $35 million of the $108 million total was charged to homeowners already in bankruptcy proceedings. The rest was charged to customers who Countrywide said were in default.
The settlement comes as Congress is preparing to try to reconcile two bills that would tighten consumer financial regulation and create a new agency whose powers would overlap with some of those exercised by the FTC in the Countrywide case.![]()





