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  • Report:  #239709

Complaint Review: Countrywide Financial - Simi Valley California

Reported By:
- Surprise, Arizona,
Submitted:
Updated:

Countrywide Financial
400 Countrywide Way SV-314 Simi Valley, 93065 California, U.S.A.
Phone:
800-669-6093
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
Its all starts a long, long, time ago... in the year 2002.

In 2002 I was the victim of an auto subleasing/sale scam where I lost two vehicles to the unscrupulous company of US Auto Management. In 2005 they were indicted, charged with consumer fraud, and a judgement of consumer fraud was rendered in 2006, and ordered to pay back millions of dollars to those consumers that were taken in this deal.

Judgements in my favor:

Case # CV-2005-070092 - Me -vs- US Auto, et al.

Case # CV-2005-009848 - State of AZ -vs- US Auto, et al.

Fast forward to 2005 where I am arguing with the banks - Mitshubishi Consumer Credit and Bank of the West advising them of the scam, they continue to pursue me and destroy my credit in the process (albeit the fact that the Arizona Attorney General was stepping in the middle of it... ) they still continue to harrass me.

Then in early 2006 I was contacted by NorthEast Mortgage who set me up with Countrywide, as I wanted to try and take some equity on my house and start a business, and pay down some credit card debt.

It all sounded good, I was offered the following loan:

Interest Only, HELOC Pay Option ARM Loan.

Rate of 6.5% Interest, that would go no higher than

7.5% in the first 5 years.

No PMI

No-PrePayment Penalty

So I proceeded, I paid for the appraisal on my home, it came back with a value of $345,000, which was great.

My loan was previously for the amount of $218,000, there was a pre-payment penalty on that loan which I did know about, and accepted.

The new loan was supposed to be for: $224,000 (which included the pre-payment penalty), $50,000 cash out for starting the new business and $16k to paydown credit cards, this was all good and fine, for a total loan amount of $261,000.

What did I actually get after I was 60% and 3 months into the process:

Forced to pay off the FRAUD ON MY CREDIT REPORT - ~$18,000

Forced to pay off the one Auto Loan on my Credit Report ~$24,000

Payoff the Credit Cards ~ $16,000

Forced to pay Exorbant Lender and Title Fees ~ $10,000

Total new loan was supposed to be around $289,000, which I was unhappy with, but it saw it as a means to an end, and that starting my business would have to wait... so I signed the papers, and figured that I would just hold on to the loan for a short time.

During my signing of the papers, I noticed some strange things on the paperwork that did not seem quite right, so I questioned the title company, and made a phone call to the broker.. and they told me that I had nothing to worry about and was assured that if anything was incorrect because I signed the power of attorney that they would correct the errors.. so because I put trust in the broker and the lender, I went ahead signed the paper work.

Fast forward 3 months later, I have made my first payment already, and got the statement for the following month.

My interest rates now starts rising sharply to over 8%!!!! I was astounded by this, and called the lender (Country Wide), and asked them why.... their answer.. "Check your docs.. you signed it!!!" I hung up the phone and began to search for an alternate lender.

So it took me several months to locate one (Desert Hills) that I liked, and during the payoff statement process, it comes out that there is a pre-payment penalty to the tune of $12,000 and change...

So both my and my new to be lender start making calls, writing letters, and email's to Countrywide to find out the story behind it.... after some proding, and them taking more than 1 month to reply to me, I get their answer and in so many words "You signed it..."

So here I am today, with a new better loan, but still out $29,000 and change in extra fees/requirements that I was forced to pay with mortgage proceeds.

I hope that their attorneys read this, and make a effort to resolve this... but I doubt it...

Scott

Surprise, Arizona
U.S.A.

Click here to read other Rip Off Reports on Countrywide Mortgage


7 Updates & Rebuttals

Karl

Highlands Ranch,
Colorado,
USA
*****NATIONWIDE MORTGAGE FRAUD ALERT: MAKE SURE TO READ THIS RIPOFF REPORT.......

#2Consumer Comment

Tue, February 14, 2012

and the 'Update By Author', which was submitted on February 11, 2012.

Then type in all of the following numbers at this site and read the Ripoff Reports for important information if you have a mortgage-

481508
476868
666769
250108
803940


Scott

Surprise,
Arizona,
USA
Chased Bank of America (who now owns Countrywide)

#3Author of original report

Sat, February 11, 2012

After chasing Bank of America  (who now owns Country Wide) on this subject for over 2 years, I was finally able to get them to do a internal security review of the situation.

They sent it to their fraud department, and it was found: 

The signature (reportedly MY SIGNATURE) DID NOT MATCH the other signatures. This mismatching signature was on the "Pre-Payment Addendum", which caused me to pay over $12k in fees on a re-finance.

Now, when I asked what are they going to do about it... and how are they going to fix the situation.

NOTHING!!!  They said that they are not going to do ANYTHING to help out, even though they admit the signatures do not match.

How bold of them to say this... my next step was to report them them  the

  Office of the Comptroller of the Currency (better known as the OCC (no were not talking about Orange County Cycles, thats a different OCC).

Office of the Comptroller of the Currency Website

The OCC is now investigating this situation, and its now 5 months later, and its still under review... so I guess I just have to sit and wait for them to complete their review.


Charlene

Chicago,
Illinois,
U.S.A.
Changes in note AFTER CLOSING?

#4Consumer Comment

Wed, March 21, 2007

Scott, No offense to you, but this entire mortgage deal stinks from here in Illinois. Again, I have several years in the mortgage banking industry. Your assertation that you were forced to pay erroneious accounts or judgements on your credit report raises red flags, as does this " power of attorney" to correct missing information or mistakes AFTER the closing. The purpose of the initial application (1003) is to gather information about the property, and the borrower, it " initiates" the process, and if you recall, along with the application, you should have signed several disclosures, and the borrowers authorization to pull your credit, and obtain sensitive inforamation from your employer, your bank, and your existing mortgage company, along with your homeowners insurance company. Along with the 1003, you should have been provided a Good Faith Estimate and Truth In Lending form that you are required to sign. These forms clearly spell on the terms of the mortgage note. Your loan officer should have explained every fee that was charged, and after reviewing these forms you are required to sign them. When the loan officer gathers these supporting documents, verification of employment, bank statements, proof of insurance, and payoff, along with your credit report, the underwriter reviews all that is on these documents to make sure you have met all of their requirements to secure the loan. No one said your credit was less then perfect, but please be advised that often the borrowers with the best credit are subject to debt to income that are less then 50%. You mention that you had some erroneous information on your credit report, and these were not your debts, I have no reason to believe that they are not your debts, however, I do question why you closed this loan, after being forced to pay something that is not yours after showing proof that they were not yours? I have worked with over 200 lenders, and I have found that every lender I have worked with, if provided with solid proof that the information is erroneous will place a copy of that proof in the file and ignore it, NOT MAKE SOMEONE PAY IT. If what you say is true( and I have no doubt that it is) this power of attorney to change the loan after closing reaks of FRAUD. If I were you, I certainly would contact the governing body that regulates the mortgage industry in your state. You state the broker said.. they will take care of the problem later, doesn't seem on the up and up , you obviously were taken, again, perhaps you learned a lesson the hard way, I am sorry this happened to you.. but I am still scratching my head as to why anyone would close on this loan, given the issues of paying off debts that were not yours and you had proof it wasn't yours, and signing closing documents when the loan wasn't what you were told. After you left the closing, why didn't you drive over to the brokers office? When refinancing you have a 3 day right of recission..why didn't you question the broker then? I am not a big fan of Countrywide, I have nothing to gain from this post, but I have to agree with Countrywide, you signed at closing.. Countrywide, didn't mislead you, I see this as a result of a very bad mortgage broker.. who misled you.


Scott

Surprise,
Arizona,
U.S.A.
Actually you are incorrect..

#5Author of original report

Wed, March 21, 2007

I was told that I had to sign the power of attorney so that they could correct errors and blanks in the documents without having me sign a complete new package of docs. this might not be that way in your state. but all the mortgages that I have gotten here in AZ have been that way. so seeing that doc to sign seemed pretty normal. As far as being over debt to income. you are making assumptions without the facts. 1. I had a credit score of over 700 2. Credit Card Debt was 8.99% interest, with low payment of $180.00. 3. Auto Loan was interest rate of 7.99% through a credit union, with a payment of $424.00 My D/I Ratio WITH keeping the CC and CAR LOAN would have been around 42%, I make roughly double what the average income is for the area. I provided them the docs from the lawsuits, and attorney general advising them of the indictments, and charges of consumer fraud, they flat out refused to look at them.


Charlene

Chicago,
Illinois,
U.S.A.
Debt to Income Issues

#6Consumer Comment

Wed, March 21, 2007

In response to your post.. first of all, You should have walked out of the closing when the terms of the mortgage note was explained to you. Why did you give a mortgage broker power of attorney? I was in the mortgage business for many years and NEVER asked a client for " power of attorney" to correct errors.. did you attend the closing or was this in another state? More questions for you: Forced to pay off the FRAUD ON MY CREDIT REPORT - ~$18,000<<<< you didn't have proof that this was not your debt.. that is interesting.. if you cannot prove its not yours, you have to pay it. Forced to pay off the one Auto Loan on my Credit Report ~$24,000<<< you probably were over your debt to income issues Payoff the Credit Cards ~ $16,000<<< over debt to income issues Lenders are heavily regulated.. if your debt to income exceeded 50% of your monthly net income you had to pay off these debts, I am sure someone explained that to you. Otherwise you never would have qualified for the loan. Intersting that you dont mention how much money you save each month on high cost credit card debt and auto loan payments. Also interesting is that you didn't mention that with your debt consolidation now you can write off the interest at the end of the year.. so really other then the interest rate being higher then you were quoted everything seems like it was done with your best interests in mind. Debt consolidation is a great way to get out of debt and save money every month, plus more write offs at the end of the year. Pay option arms.. dangerous.. your so concerned about having to pay off high interest credit cards, but have no problem with deferred interest on your mortgage, interesting , because if you make only the minimal payments.. you will end up owing more on your house then its actual worth. Hopefully you learned a lesson aboutnot signing power of attorney for no reason. Forced to pay Exorbant Lender and Title Fees ~ $10,000


Scott

Surprise,
Arizona,
U.S.A.
You have a point...

#7Author of original report

Tue, March 20, 2007

Gary in Chambersburg; You make a valid point. As I mentioned during the signing of the docs I called the broker and asked them that very thing... they told me that because I signed the power of attorney that it was most likely a clerical error and would get corrected, so I trusted what was being told of me... Now after the fact it seem shta that broker and lender were in on it...


Gary

Chambersburg,
Pennsylvania,
U.S.A.
A means to an end

#8Consumer Suggestion

Tue, March 20, 2007

How is paying 10,000 in fees and 18,000 in fraud a means to an end? Why would you not rescind? I mean you say in your into the fees were exhorbant yet you agree to the terms? Did you not read through the paperwork that was provided at closing and discover the terms you agreed to during the rescission period? I mean you have three days. Now you come on here and complain. I just don't understand. Amazing that 45% of Countrywides portfolio consists of the option arm products. I mean in 2006 you could have had a 30 year fixed in the mid 6% range with no prepay. These interest only neg am products are garbage, the have prepays and the rate rises, simple as that. But why in the world would you not rescind?

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