Countrywide Settlement FAQ
July 2009
1. How do I find out if I am eligible for the $1,800
announced by General Cox on July 24, 2009?
Eligible borrowers will be sent
claim forms in the mail in late July or early August, 2009.
If you do not receive a claim
form after that time, and you believe that you may be eligible, or you have
other questions, you can contact the settlement administrator. That contact
information for the settlement administrator is:
1-866-411-6987
1-866-595-8397 (hearing
impaired)
www.countrywidesettlementinfo.com
2. Should I call Countrywide to
find out if I will qualify for the payment?
No. The settlement
administrator has been hired to manage the claims administration process.
Customer Service at Countrywide will not be able to tell you if
you qualify for these payments. Questions can be addressed to the settlement
administrator at 1-866-411-6987 (or 1-866-595-8397 for the hearing impaired),
and you can also visit their website at
www.countrywidesettlementinfo.com.
3. Who is eligible for the
payment?
Generally, the eligibility
criteria include all of the following:
·
The loan was
originated by Countrywide.
·
The first payment
on the loan was due from Jan 2004 ? Dec. 2007.
·
The loan was a
subprime loan or a pay option arm. (see below for further explanation)
·
The
owner-occupied the home.
·
The owner was not
able to keep up with the loan payments and consequently lost the home between
2004-2008.
The owner was
not able to keep up with the loan payments and consequently lost the home
between 2004-2008.
4. How do I know if I had a
subprime loan or a pay option arm?
Countrywide's database
identified the specific type of loan that the borrower had and this information
has been forwarded to the settlement administrator. Your loan documentation may
also identify the loan as subprime or a pay option arm.
5. What is a "subprime" loan?
"Subprime" generally refers to
loans that combine higher risk features for the lender (low documentation or no
documentation origination, low equity ratios, cash-out financing, etc.) with
higher risk borrower profiles (low credit scores, recent bankruptcy or
foreclosure, etc.)
6. What is a "pay option arm?"
A "pay option arm" is an
adjustable rate mortgage that allows the borrower to choose among two or more
payment options ? hence "pay option." These options sometimes included
interest-only payments or minimum payments that were insufficient to cover
current interest due on the principal amount. In that instance, the principal
balance grew when the borrower did not pay enough to cover the currently due
interest amount.
7.
Am I eligible to receive a payment if my loan was
transferred to Countrywide for servicing?
No.
Only borrowers whose loans were made by Countrywide are eligible to receive a
payment. You are not eligible to receive a Settlement payment if you obtained
a mortgage loan from another lender, and the loan was later transferred to
Countrywide for servicing.
8. Am I eligible to
receive a payment if I owned the
property as an investment?
No.
To be eligible to receive a Settlement payment,
you
must have lived in the property.
9.
I think I am eligible but I'm not sure Countrywide
has my current address. What should I do?
Please call the Settlement Administrator 1-866-411-6987 or 1-866-595-8397
(hearing impaired).
The
Administrator will verify your identity. The Administrator will update your
address in the system and send you a notice package by mail.
10. How much will eligible
parties receive?
The final amount will depend
upon how many of those who are eligible choose to participate. If all eligible
parties in Michigan participate, the amount will be approximately $1,800. If
fewer participate, that amount will be higher.
11.
Why does the letter only state the minimum amount
of the
payment?
Some
borrowers in your state may choose not to sign
and return the release. As a result, there might be additional money available
for distribution to borrowers who chose to sign and return the release.
However, you should decide whether to participate in the Settlements based on
the assumption that you will receive only the minimum payment.
12. How
long do I have to make up my mind?
In order to receive the payment
for which you are eligible, you and any co-borrowers must complete and sign the
Claim Form and Release and return it postmarked by October 22, 2009.
13. Do I have to pay taxes
on my payment?
You
may
receive an IRS Form 1099-MISC with your payment check, but we cannot tell
you whether or not your payment is taxable. Whether
the payment is actually taxable will depend on several factors. The Settlement
Administrator, the states, and Countrywide and its affiliates cannot give you
tax or other legal advice on this matter. If you do have tax questions, you
should contact a tax preparer or advisor.
14. When will I receive my
payment?
Payments will
be made after the deadline has passed for all eligible borrowers in that state
to return their Claim Forms and Releases. We hope to begin mailing
payments to borrowers who timely return a signed Claim
Form and Release
early in 2010.
15. What do I need to do
to receive my payment?
If
you are an eligible borrower, you must:
Complete and sign the
Claim Form and Release; and
Return the signed Claim
Form and Release to the Settlement
Administrator by the date
indicated.
16.
What am I agreeing to by signing the Claim Form
and
Release?
Please read the Claim Form and
Release very carefully. By signing and returning the Claim Form and Release,
you agree to give up some legal rights and choices you might otherwise have.
For example:
The Claim Form and Release
applies to any of the above claims you might have against Countrywide and any
of its affiliates, including:
- Countrywide Home Loans,
Inc.;
- Full Spectrum Lending, Inc.;
- Countrywide Home Loans
Serving, L.P.; and
- Bank of America
Corporation.
Your decision to participate is
final. You will not be able to change your mind, even if you later decide that
you could get more money from your own lawsuit or by participating in a class
action.
17. What if I am currently suing
Countrywide as part of a class-action lawsuit?
Borrowers who want to receive
these payments must sign a release that releases Countrywide from any
liability. If you are currently involved in litigation with Countrywide, or
think you may want to do so in the future, you should get independent legal
advice before signing the release.
18. I still have some
questions. Who can I contact?
If
you have additional questions about the Settlements, you can contact the
Settlement Administrator at 1-866-411-6987 or 1-866-595-8397 (hearing
impaired).
If you have questions about the Countrywide
Settlements that are not answered in this web FAQ, please contact the Settlement
Administrator at1-866-411-6987 or 1-866-595-8397 (hearing impaired).
If the Settlement Administrator is not able to answer your questions, they will
contact the appropriate entity.