Countrywide's Misbehavior Continues
In the New York Times, Gretchen Morgenson reports on Countrywide's latest scam: fabricating three documents to a homeowner about a mortgage. "These letters are a smoking gun" said the bankruptcy judge in Pittsburgh.
Countrywide was busted by the homeowner's attorney, who noticed that letters purporting to be from 2003 contained the current address of the attorney's law firm, not the address of the firm at the purported date of the letter. Countrywide terms these "recreation letters," and claims that their purpose is to illustrate to the debtor the history of the case, as a memorandum would. The letters contain no disclaimer explaining that they are not actual records. The letters are important because they would support Countrywide's claim that the homeowner is behind on payments. However, the homeowner had just completed a Chapter 13 bankruptcy, in which Countrywide agreed that she was no longer in default and that future payments would be made through the bankruptcy court, which court records show occurred.
The judge was not pleased to hear about the letters. "[T]he Court's concerned about this. The Court's very concerned. Again, I'm totally surprised at what I'm hearing. I didn't anticipate this at all today, but it's definitely a matter that needs to be vetted further through discovery . . . ."
In addition to the judge's displeasure, the Trustee's staff attorneys attended the hearing. One stated that "the issues that were told to the Court today are of grave concern to the United States Trustee."
"Recreation letters" are only the latest in Countrywide's habit of questionable behavior. As Morgenson explains, 300 bankruptcy cases have come to the bankruptcy court in Pittsburgh's attention, identified by Ms. Winnecour, the Chapter 13 trustee for the area. Already, she has asked the court to sanction Countrywide for losing or destroying homeowners' checks totaling $500,000 over two years.












Comments (3)
For those who want a non-sensational explanation (pace Morgenson) of Countrywide's behavior, go here.
January 10, 2008 12:33 PM | Reply | Permalink
I can understand what the guy is saying in his blog post on the link you provided, and I understand that the corporate "process" is usually difficult to change on the fly. That is part of management. The processes are there to keep things running smoothly, and maintain control of the chaos in business. However, at the same time, banks are in the business of money, it is their primary responsibility to handle it properly. Countrywide's management processes need to be fixed. They were designed with the assumption they'd never accidently bill anyone when they shouldn't, they didn't plan for possible mistakes which can be as expensive as this one. So employees will assume they need to do what they think is necessary to cover their butts when something does seem to go wrong, because they'll get in trouble if they are discovered.
This behavior is not an excuse and internal processes are not excused either. Dishonesty is wrong no matter what the explanation. Lenders have a fudiciary responsibility to have checks and balances to catch dishonesty and mistakes, and this mistake was at the core of that responsibility.
I think this incident is a commentary on the mindset of lenders and their employees. Too many think they can do no wrong, and they are above the law. It is an attitude that has been growing in this industry and needs to be corrected.
Jim Anderson
The Truth About Credit
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Ministry WebsiteJanuary 10, 2008 4:11 PM | Reply | Permalink
In the last 20 years lending standards and processing has gone down the hill. Centralized factories of loan processing and production focused led to a deterioration of procedures and policies. Little or no quality control. Lenders have been a mess and I have watched their decline. Sloppy work. I am amazed at the constant surprise of the finance markets at the subprime mess. Geepers kreepers, where have they been?
A lovely personal example, B of A, the future buyer of Countrywide, douea years ago I paid off an equity loan. Well, turns out they never recorded. Talking to a long time friend in a Title Company, she told me that you would be surprised how much did not get recorded after the loan closed. Countrywide and B of A will make a nice team of sloppy lending and dishonesty.
January 12, 2008 11:35 AM | Reply | Permalink