From: Erma1ina 
Newsgroups: misc.consumers.house misc.consumers misc.legal
Subject: Re: Countrywide Payoff Stament Fee
Date: Mon, 17 Jan 2005 20:20:53 -0600

scharf@hotmail.com wrote:
> 
> Ray Mathis wrote:
> 
> 
> 
> > seems we are not alone as there is at least one class action case
> against
> > countrywide (in mortgagedaily.com)
> 
> At least in Illinois, Countrywide lost a lawsuit on appeal regarding
> this issue:
> 
> "http://www.state.il.us/court/Opinions/AppellateCourt/1997/2ndDistrict/April/HTML/2960891.txt"
> 
> I ran into a similar issue with Citimortgage, but it was a little
> strange. They would provide a payoff statement for free, but only by
> mail. To have it sent to me electronically, or by FAX required a fee.
> It's strange since it would certainly be cheaper to e-mail or FAX
> something than to mail it.
> 
> I have a mortgage with Countrywide on another property, but I don't
> have to worry about payoff for a while, unfortunately. They keep
> bugging me to take out a HELOC, but their HELOC rates and terms are
> terrible.
> 
> In any case, it looks like the Illinois judgement against Countrywide
> may not have changed their policy in other states.

The cited judgment was a reversal of the Summary Judgment granted to
Countrywide by the lower court.

  "We find that the contradictions between the payoff letter
   and the affidavit created fact questions precluding summary
   judgment on both the breach of contract and the consumer
   fraud counts."

and

  "The judgment of the circuit court of Lake County is reversed,
   and the cause is remanded for further proceedings consistent
   with this opinion."

So, the question is: What was the FINAL outcome? Were Countrywide's
practices ultimately determined to constitute either breach of contract
or consumer fraud?