Plaintiff attorneys who have inundated insurance firms with lawsuits over 2005 storm damage claims, are now targeting a major mortgage lender for hurricane-related activity.

A Florida law firm said it has filed a new prospective federal class-action lawsuit against Countrywide Home Loans because the firm had refused to fulfill promises made to Mississippi Gulf Coast hurricane victims.

The suit was filed in U.S. District Court in the Southern District of Mississippi.

Countrywide, the complaint alleges, took advantage of disaster victims by offering mortgage deferrals with no penalties attached and then reneging on that promise.

A statement from the James Hoyer law firm in Tampa charged that the company “turned its disaster relief assistance into a twisted, money-making venture.”

Countrywide, the firm alleged, “subjected these victims to the threat of foreclosure if they did not agree to harmful forbearance agreements and loan modifications that end up costing them more money. These plans made more profit for Countrywide on the backs of hurricane victims.”

According to the law firm, after Hurricanes Rita and Katrina, Countrywide offered 90-day mortgage payment deferrals to homeowners affected by the devastation, and in many cases offered six-month deferrals.

Countrywide, according to Hoyer, represented this as a good deed to help people in their time of suffering, and issued a press release to promote its actions.

Homeowners, the firm said, were told by agents over the phone that their deferred payments could be tacked onto the end of their mortgages. They were assured they would not face penalties like late fees, interest and reports to credit bureaus.

Countrywide, it was charged, told homeowners who wanted to pay, not to do it and in some cases, the lender returned checks. The firm said hurricane victims accepted the offer of help–some reluctantly–when assured they would not be economically penalized by late fees, penalties or credit reporting.

When homeowners followed up later to resume payments, they discovered Countrywide was reneging on its promise, according to the law firm.

The company said it could not add the payments to the end of the loan, without penalty, after all. Instead, Countrywide told homeowners they would either have to pay the lump sum owed immediately or face a loan restructuring, which would cause them to pay thousands of dollars more over the life of their loan, it was charged.

The suit, filed on behalf of victims in Mississippi, is in addition to two suits already pending in Louisiana and Texas.

The law firm said it is seeking reasonable loan terms for the plaintiffs so they can remain in their homes, and restitution for those who've already lost their homes.

Countrywide did not immediately respond to a request for comment.

Special Reports /

Post-Hurricane Legal Action Now Hits Lender

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