Indiana Piles On

Indiana Attorney General Steve Carter has brought a lawsuit against Countrywide Financial Corp., making it the latest of a half dozen states going after the nation’s former number one mortgage lender for improper lending practices (see Reuters article here). This suit focuses on Countrywide misleading borrowers about the rates and fees associated with their loans and encouraging its brokers to steer borrowers into riskier and ultimately more costly mortgages.

One begins to wonder when the mounting pressure on Countrywide from this flood of litigation will begin to spur Bank of America to take action. BofA has said publicly that it will not guarantee Countrywide’s debts (e.g. here and here). But news last month that BofA transferred Countrywide’s liabilities into a subsidiary, Red Oak, which was then renamed to Countrywide Financial Corp., fueled speculation that those liabilities would indeed be assumed. Analysts from independent researcher CreditSights, Inc., after reviewing a BofA regulatory filing that showed how it was handling Countrywide’s debts, stated that, “[o]ur view continues to be that B of A will ultimately honor the outstanding indebtedness from (old) Countrywide, based on our discussion with the company following this filing, as well as our prior analysis.” (see story here)

Regardless, there’s no denying that BofA’s acquisition increases its overall credit and litigation risk, and that what was hailed as a steal of a deal is beginning to look like a sucker’s bet.

Posted in acquisitions, Attorneys General, banks, BofA, Complaints, Countrywide, lenders, liabilities, litigation, predatory lending, subprime | Leave a comment

Countrywide Sued by New Mexico Pension and Investment Funds

The Chicago Times reports that Countrywide has been sued on behalf of New Mexico’s state Investment Council, the Educational Retirement Board and the Public Employees Retirement Association for both conning homeowners into mortgages they could not afford and duping investors about the value and safety of securities backed by these shaky mortgages. The allegations as to Countrywide’s lending practices should sound familiar – they are similar to those alleged in recent suits by California, Florida, Illinois, Connecticut and the City of San Diego (see prior posting here). But the allegations regarding Countrywide’s issuance of securities are relatively new. As additional allegations surface about what was going down at the country’s former number one lender, it will be interesting to see whether Bank of America steps forward to take some responsibility for the debts of its new acquisition or if, as is more likely, Countrywide sags under the mounting pressure of its liabilities and goes the way of New Century and IndyMac. Stay tuned…

Posted in acquisitions, Countrywide, IndyMac, lenders, litigation, New Century, predatory lending, securities | Leave a comment

California Legislature Reaches Compromise on Subprime Reform Bill

The L.A. Times reports that the California has reached a compromise with consumer and lending groups on a bill that would guard against some of the practices that contributed to the subprime crisis. The bill, an amended version of AB 1830 introduced by Assemblyman Ted Lieu (D-Torrance), contains measures that would bar pick-a-payment loans to subprime borrowers, limit the size and duration of prepayment penalties on subprime loans and prohibit brokers from steering subprime borrowers into costlier loans than they qualified for. The bill would also forbid lenders from paying brokers more when they persuaded people to take loans with prepayment penalties or higher interest rates, an issue that has come up in state suits against Countrywide, among others. The measure also increases access to the courts for victims of predatory lending by allowing California regulators to enforce both federal lending laws and state rules.

While the bill does address some of the abusive practices that encouraged volume lending and lax underwriting, there is still much work to be done. For one, while the bill includes a provision that would require mortgage brokers to place their customers’ financial interests ahead of their own for all lending, the bill focuses primarily on subprime loans. While this category of loans has received the most attention in the media as the harbinger of the current credit crisis, the problems by no means are limited to these loans. As we have seen, the delinquency and foreclosure rates among so-called Alt-A loans have skyrocketed (for reports regarding this category of loans, see here and here), and I expect to see major problems with this and other categories of non-subprime loans down the road.

Moreover, there is good reason to think that these abusive lending practices have not been limited to residential home mortgages alone. In an interesting profile by the New York Times of Nouriel Roubini, who predicted the current subprime crises back in 2006, Roubini opines that:

“Reckless people have deluded themselves that this was a subprime crisis… But we have problems with credit-card debt, student-loan debt, auto loans, commercial real estate loans, home-equity loans, corporate debt and loans that financed leveraged buyouts.” All of these forms of debt, he argues, suffer from some or all of the same traits that first surfaced in the housing market: shoddy underwriting, securitization, negligence on the part of the credit-rating agencies and lax government oversight. “We have a subprime financial system,” he said, “not a subprime mortgage market.”

Though Roubini has been criticized as an eternal pessimist, he has been largely vindicated by his numerous accurate predictions regarding the U.S. housing and financial markets. Plus, his reasoning makes sense: given an environment where lax underwriting was encouraged and responsibility was passed off to the next buyer in a securitization chain, there’s no reason to think that lenders were incentivized to care whether borrowers were actually capable of repaying their loans. And by no means are the abuses limited to lenders or banks; the borrowers themselves have been responsible for a significant amount of reckless or fraudulent borrowing which must be curtailed through improved financial education and legal reform. Though AB 1830 is a good start, it will take a much broader overhaul of the entire credit system to address the fact that Americans as a whole are staggering under the weight of their debts.

Posted in Alt-A, broader credit crisis, Countrywide, education, incentives, legislation, lenders, predatory lending, ratings agencies, subprime | Leave a comment

Connecticut Suit Against Countrywide Available

Rachel Dollar of the Mortgage Fraud Blog has posted the Complaint filed by Connecticut Attorney General Richard Blumenthal. You can view the document here.

Many thanks to Ms. Dollar for her diligence in following these developments in subprime litigation.

Posted in Attorneys General, Complaints, Countrywide, lenders, litigation, subprime | Leave a comment

Connecticut the Latest to File Suit Against Countrywide

CNN reports that Connecticut Attorney General Richard Blumenthal has filed suit in Hartford Superior Court today against Countrywide, becoming the fourth state (after California, Florida, and Illinois) to sue what was once the nation’s largest mortgage originator over its lending practices. The City of San Diego has also filed an action against the lender. These suits seek restitution to borrowers who lost their homes or paid excessive fees. The article quotes Blumenthal as saying Countrywide “bullied” defaulted homeowners into repayment plans known as “workouts” with excessive fees that they could not overcome. “Countrywide stacked the deck and the deal against its customers,” Blumenthal said. “Our goal is to unstack the deck and undo the deals, restoring fairness and fiscal sense to mortgages.”

Shares of BofA, which acquired Countrywide earlier this year, slid 7.2% upon the news (see here), as investors feared that legal settlements stemming from this and other actions could make the acquisition even costlier. In addition to these and other lawsuits, Countrywide faces a litany of other problems, including scrutiny by federal authorities, a federal grand jury fraud investigation that also involves New Century Financial Corp. and IndyMac Bancorp Inc., and a discriminatory and predatory lending action by Washington state seeking to revoke Countrywide’s license and impose a $1 million penalty for predatory lending practices.

Posted in Countrywide, discriminatory lending, investigations, predatory lending, subprime | Leave a comment