#6 Consumer Comment
AUTHOR: Justin - Washington (U.S.A.)
SUBMITTED: Friday, April 29, 2005
POSTED: Friday, April 29, 2005
I have much to say about Countrywide, not much being positive. I will however let this 50 million dollar lawsuit speak for itselt. This suit was also reported in the Washingon Post. The suit was filed May 28,2004 and has not been resolved as of April 28,2005. It appears that the poorest of American homebuyers were taken advantage of if these allegations are true. I would like to know if any criminal charges have been levied.
Lawsuit Alleges Predatory Lending and Conspiracy With Local Developer
WASHINGTON, May 28 /PRNewswire/ -- Andrew Grosso & Associates, a District
of Columbia law firm, tomorrow will file a lawsuit on behalf of a condominium
association and about thirty (30) minority and low-income individuals against fifteen (15) defendants, including Countrywide Home Loans, alleging Countrywide and the other defendants conspired with a local developer to sell
defective condominiums to first-time homebuyers through fraud and predatory lending. The lawsuit states that the developer, Eric Fedewa, performed substandard work on the condominiums with an unlicensed contractor and without
construction permits. Cost for repairs is estimated to be $7.3 million.
The owners, most of whom earn less than $40,000 annually (less than half the Washington-area median income), cannot afford the extensive repairs, nor can they sell their uninhabitable condominiums.
"In previous decades, persons with lower incomes and minorities were victimized by slumlords; today they are exploited by unscrupulous developers," said Frances Raskin, the Washington, D.C., attorney and former federal
prosecutor who represents the Plaintiffs.
"Greedy developers pervert the American Dream. They target minorities in some of the most vulnerable neighborhoods of Washington, D.C. and Prince George's County with predatory
sales tactics. They fraudulently disguise ramshackle apartments with new paint and carpet, concealing the defects that render these places
uninhabitable, and market them to people with no homebuying experience and limited resources."
In addition to Countrywide and Fedewa, the King's Crossing II condominium owners are suing Fedewa's companies, Regent Crossing and Ascend Communities, and Washington Technology Group, a company owned by Fedewa's father, Lawrence
Fedewa, a prominent broker of federal technology contracts.
Other defendants include Legacy Financial Group of Bethesda, Maryland; attorney Charles Tobias
and his settlement company Express Title Company of Rockville, Maryland; and Chesapeake Appraisal Services of Bowie, Maryland. Also named are Fedewa associates: developer Roger Black, a developer and the selling agent on various Fedewa projects, and Countrywide representative James Preuss, a Countrywide representative who, the complaint alleges, arranged most of the
mortgages at King's Crossing II.
The King's Crossing II condominium complex is a 43-unit development built in the 1960s and located 3070, 3072, 3074 30th Street, SE in Washington, D.C.
The roofs on two of buildings are deteriorated near the point of collapse.
Faulty and potentially hazardous electrical and plumbing systems further deteriorate the property, and the condominiums are plagued by mold and fungus.
Many residents have inadequate hot water, and lack heating and air conditioning.
The complaint alleges that, to convince the Plaintiffs that ownership at King's Crossing II would be less costly than their current rents, and to ensure they qualified for mortgages, the developers concealed the true costs of operating the complex.
It claims they lured the Plaintiffs with promises
of low down payments and assurances that they would never have to pay property taxes and would benefit from unrealistically high income-tax savings. It alleges that the developers intentionally projected artificially low
condominium fees that could not possibly cover the costs of maintaining the property and paying utilities, and that they intentionally concealed that major components such as boilers, hot water heaters, air conditioning equipment, and roofs were near or past their useful lives.
According to the complaint, Countrywide loan officers, James Preuss and his wife, Mitzie Preuss, conspired with the developers and with a Maryland settlement attorney to provide the Plaintiffs with fictitious down payments to
facilitate sales of the condominiums to the Plaintiffs.
This ensured that the buyers would obtain mortgages for which they were not otherwise qualified and that many could barely afford. The complaint alleges that the scheme involved
a non-existent down payment, which was recorded as a "gift fund" or "Acorn gift" of about $2000 on each purchaser's settlement statement.
A settlement statement, commonly called a HUD-1, is an accounting of the borrower's and seller's contributions to a real-estate purchase, as well as all purchase-related fees. The entry of such a "gift fund" on a HUD-1 gave the appearance
that the borrowers had contributed the required minimum down payment, as opposed to the $0 to $500 that the purchasers actually contributed, which was less than the required security deposit on most apartments, the complaint
states.
The complaint alleges that, shortly after moving in, the unsuspecting buyers discovered that their homes lacked heating and air conditioning. The equipment was rotted, rusted, and leaked continuously when switched to air
conditioning. These leaking convectors and numerous pinhole leaks in the copper piping throughout the complex spawned the growth of mold and mildew that covered walls, ceilings and floors in many of the condominiums. The
carpets in some of the units are riddled with large patches of mold, and fungus that resembles mushrooms.
Several of the owners have experienced
health problems consistent with prolonged exposure to mold, which include rashes, dizziness, headaches, and asthma attacks. Some were forced to move out and lost their homes in bankruptcies and foreclosures although the units
were still under the developer's "warranty."
Two years ago, D.C. government inspectors cited the developers for numerous building-code and fire-safety violations. For example, the washers
and dryers promised as part of the "renovated" condominiums were installed illegally. Building codes require that each dryer be vented to the outside; instead, the developers and their contractors vented them into kitchen cabinets. The washers drain into inadequate waste lines that cannot handle such high volumes of water, causing frequent, severe backups in lower-level
units. Because the original plumbing has eroded and causes leaks throughout the complex, the lower halls often are flooded with several inches of standing water. The complaint alleges that the developer has refused to address any of
the violations and the other construction deficiencies at the complex.
Unfortunately, the Plaintiffs allege, the government inspectors, from the DC Department of Consumer and Regulatory Affairs, to date have failed to take further action against the developer or to follow up on the code violations.
The lawsuit will be filed on May 29, 2004, in the Superior Court for the District of Columbia. Frances M. Raskin, Esq., of the law firm of Andrew Grosso & Associates, is lead attorney representing the Kings Crossing II
Condominium Association and the condominium owners.
Mr. Grosso and Ms. Raskin both formerly served as Assistant United States Attorneys.
SOURCE Andrew Grosso & Associates
Web Site: http://www.grossolaw.com
#9 Consumer Comment
AUTHOR: Kosmo - Spokane (U.S.A.)
SUBMITTED: Tuesday, February 07, 2006
POSTED: Tuesday, February 07, 2006
NOTE: DO NOT CONSTRUE THIS AS LEGAL ADVISE---CONTACT AN ATTORNEY IF YOU THINK YOU HAVE BEEN WRONGED. THIS IS A BRIEF OVERVIEW.
Be careful that you understand all the designations in a secured transaction of this nature before you contemplate alleging violations of specific laws. The laws you refer to are very complicated federal acts and must be read in light of their most recent amendments in the HOEPA. They should also be read in conjunction with regulation Z. Many of the federal acts designed to protect consumers from predatory lending impose a very short statute of limitations (most TILA claims must be brought within one year of the alleged violation). Moreover, the HOEPA trigger is fairly high and as such the protections in the HOEPA, for example the protections against negative amortization, balloon payments and equity stripping, only apply in limited situations. That is, HOEPA applies to mortgages as defined by 15 USC 1602(aa), which requires that the mortgage be secured by the primary dwelling and that either: 1.the APR will exceed by more than 10 percentage points the yield on Treasury securities having comparable periods of maturity on the fifteenth day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor; OR 2.the total points and fees payable by the consumer at or before closing will exceed the greater of--
(i) 8 percent of the total loan amount; or
(ii) $400.
Also, be weary if your transaction involves "open end credit plan." This is a complicated term of art, but if you have been studying these laws for over four years, you should be aware of the meaning and whether or not your lone is open end or closed end.