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August 12, 2008
W.Va. AG files suit against mortgage lender

CHARLESTON, W.Va. -- West Virginia Attorney General Darrell McGraw filed suit today against a mortgage lender, alleging it sold loans on terms that were "unaffordable and unconscionable," McGraw said a news conference today.

The suit against Countrywide Financial Corp., Countrywide Home Loans Inc., Countrywide Home Loans Servicing LP, Full Spectrum Lending Inc. and Countywide's chief executive officer Angelo R. Mozilo was filed today in Putnam County Circuit Court.

West Virginia is the fifth state to file against Countrywide for its lending and servicing practices. Other states are: California, Illinois, Florida and Connecticut.

The suit alleges Countrywide offered mortgage loans with "flexible underwriting standards. Some of loans required no or little documentation, were down-payment free, had adjustable rates, were interest only or allowed pay options with monthly payment less than the amount of accrued interest," according to the suit.

For example, Countrywide made loans that required no-down payment. However, after 15 years of payments, the consumer owed a balloon payment totaling almost the original amount borrowed, according to the lawsuit. In one case, a consumer couldn't afford to refinance because the home appraisal was inflated from $27,100 to $65,000, according to the suit.

Countrywide also "engaged in unfair and deceptive acts or practices in servicing loans," according to the suit.

For example, Countrywide charged consumers for appraisals for property even when Countrywide had no intention of lending the consumer money, according to the suit. In other cases, consumers were not notified prior to closing that they would not receive a loan or were denied a pre-approved loan after a property was under contract, according to the lawsuit. 

These servicing and lending practices have exposed consumers to foreclosure and the loss of their homes, McGraw said. But there is a broader issue, he said.

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Posted By: Jameson (10:24am 08-13-2008)
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I have lived in three states, Texas, N.C., and W.V. The West Virginia Attorney General is the most effective in the nation in my opinion. He is fair to small business, unbiased, and he stands up for West Virginia Consumers. Keep up the good work Attorney General McGraw!

Posted By: Thank You (5:58pm 08-12-2008)
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This office help save my home, thank you, more west virginians need your help.

Posted By: SLB (5:07pm 08-12-2008)
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Attorney General Mcgraw and staff, keep up the excellent work that you do for the people in WV!

Posted By: Grateful West Virginian (4:43pm 08-12-2008)
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The attorney generals office helped me, my home was not foreclosed, these lawyers know what they are doing, if you need help, contact consumers affairs, attorney generals office. Protect your homes, do not wait. Thank you Darrell Mcgraw and your excellent staff.

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