Published:
Hagens Berman Files Class Action Against Countrywide
SEATTLE, Oct. 16 /PRNewswire/ -- A group ofIdaho appraisers today filed a
class-action lawsuit against Countrywide (NYSE: CFC) claiming the company used
strong-arming tactics to intimidate appraisers to generate reports in line
with Countrywide's business objectives.
The lawsuit, filed in U.S. District Court inSeattle, claims Countrywide
forced appraisers to use improper appraisal techniques that benefit the lender
and punished those who did not participate by blacklisting individuals and
companies for up to a year, denying them work.
Countrywide, the largest home mortgage lender, has the reach and influence
necessary to affect an appraiser's business if they fail to follow the
company's guidelines, the suit claims. The lawsuit claims Countrywide's
actions caused substantial damage to thousands of appraisers on top of
distorting real estate prices in the marketplace.
"The integrity of real estate appraisals is more important than ever and
time and time again Countrywide is showing its customers and partners that it
only cares about profits and market control," said Steve Berman, managing
partner at Hagens Berman Sobol Shapiro. "The bottom line is our nation's at a
breaking point where we can't take anymore corporate dishonesty in the home
market -- role Countrywide's becoming notorious for."
The lawsuit claims Countrywide's interest lies in property passing
appraisals its way, rather than determining whether an appraisal is fair and
accurate and in accordance with industry standards (Uniform Standards of
Professional Appraisal Practice or USPAP).
"We believe if an appraiser doesn't 'play ball' with Countrywide and
produce a report affirming the value Countrywide expects, it places the
appraiser on its 'Field Review List,' or blacklist, which it then sends to
mortgage brokers who hire appraisers," said Berman.
As of Aug. 28, 2008, more than 2,000 appraisers appeared on the Field
Review List and Countrywide's been using the blacklist practice for more than
four years, according to the complaint.
The suit claims that to further complicate matters, any appraisal
submitted to Countrywide from a blacklisted appraiser automatically goes to
LandSafe, a subsidiary of Countrywide, for review. LandSafe's role is to find
problems within the appraisal and reconfirm to Countrywide the report isn't
accurate -- rendering it unusable because it doesn't fall within Countrywide's
guidelines, the complaint claims.
The lawsuit alleges LandSafe is a captive puppet of Countrywide, enabling
the lending giant to push its alleged unethical business practices into
markets across the country.
The complaint states the plaintiff, Capitol West Appraisers, refused to
succumb to Countrywide's alleged pressure to compromise its integrity and
independence and refused to commit fraud and violate federal and state laws --
as a result the company made the Field Review List.
Since appearing on the list, the complaint claims Capitol West's business
declined and revenues plummeted -- losing $8,000 a month. The impact goes
beyond appraisers and affects the marketplace as a whole, further damaging the
industry, leading to overvaluations and distorting home prices nationwide,
they claim.
Capitol West filed the lawsuit on behalf of its business and all other
appraisers nationwide who've been placed on the Field Review List. The lawsuit
cites violations of federal law under the federal Racketeering Influenced and
Corrupt Practices Act (RICO).
You can learn more about this case by visiting
http://www.hbsslaw.com/CFCappraisers.
About Hagens Berman Sobol Shapiro
Hagens Berman Sobol Shapiro is based inSeattle with offices inChicago,
Boston,Los Angeles,Phoenix,San Francisco andNew York. Since the firm's
founding in 1993, it has developed a nationally recognized practice in class
action and complex litigation. Among recent successes, HBSS has negotiated a
pending $300 million settlement as lead counsel in the DRAM memory antitrust
litigation; a $340 million recovery on behalf of Enron employees which is
awaiting distribution; a $150 million settlement involving charges of
illegally inflated charges for the drug Lupron, and served as co-counsel on
the Visa/Mastercard litigation which resulted in a $3 billion settlement, the
largest anti-trust settlement to date. HBSS also served as counsel in a $850
million settlement in the Washington Public Power Supply litigation and
representedWashington and 12 other states in lawsuits against the tobacco
industry that resulted in the largest settlement in the history of litigation.
For a complete listing of HBSS cases, visit http://www.hbsslaw.com.
Steve Berman (206) 623-7292
Hagens Berman Sobol Shapiro
Steve@hbsslaw.com
Mark Firmani (206) 443-9357
Firmani + Associates Inc.
Mark@firmani.com
SOURCE Hagens Berman Sobol Shapiro
Copyright © 2009, PRNewswire
Copyright © 2009, NewsBlaze,
Daily News
Tags: ,FIN,LAW,WA-Hagens-Berman
_ _Is your favorite bookmark site missing?
Ask for it.