Class Action Reporter: Lawsuit in Delaware Alleges Overcharged Fees

Countrywide Home Loans, Inc., is facing a class-action complaint
filed with the U.S. District Court for the District of Delaware
alleging that the Company overcharged for fees and expenses,
including attorneys' fees since 2002, CourtHouse News Service
reports.

The suit is a class action for breach of contract, unjust
enrichment and breach of the duty of good faith and fair
dealing.

The suit, which is based on Countrywide's conduct in
overcharging the plaintiff and a class of similarly situated
individuals, seeks costs and expenses, including attorneys'
fees, through and including the present.

Named plaintiff Gregory O'Gara brings the action on behalf of
all individuals who:

(i) executed a Mortgage Note providing the note holder is
entitled to be "paid back . . . for all its costs and
expenses in enforcing the note . . . including . . .
reasonable attorneys' fess;"

(ii) have been subject to an enforcement action concerning
the Mortgage Note by Countrywide;

(iii) received a demand from Countrywide to pay costs, fees
and expenses in excess of those Countrywide and/or its
agents actually incurred or were obligated to pay; and

(iv) suffered damages as a result.

The plaintiff wants the court to rule on:

(a) whether Countrywide imposed on class members inflated,
unverifiable or false costs, fees and expenses
associated with enforcement proceedings;

(b) whether imposition of those costs, fees and expenses
violated the clear and unambiguous terms of the
Mortgage Notes executed by class members; and

(c) whether, and to what extent, plaintiff and the members
of the class have been damaged by Countrywide's breach
of the Mortgage Note, and the proper measure of
damages.

The plaintiff requests for judgment and relief as follows:

-- declaring that this lawsuit is properly maintainable as
a class action and certifying plaintiff as a
representative of the class;

-- declaring that Countrywide breached its contract with
plaintiff and the members of the class;

-- declaring that Countrywide was unjustly enriched as a
result of its breach of contract with plaintiff and the
members of the class, and that Countrywide violated its
duty of good faith and fair dealing towards plaintiff
and the class;

-- awarding damages against Countrywide, in an amount to be
determined at trial, together with prejudgment interest
at the maximum rate allowable by law;

-- permanently enjoining and restraining Countrywide
directly or indirectly, through its sub-servicers,
warehouse lenders, retail lenders, document custodians,
settlement agents, title companies, insurers and
investors and others, from overcharging costs and
expenses, including any attorneys' fees, in excess of
the amounts actually incurred or that were obligated to
be paid in connection with enforcement and foreclosure
proceedings;

-- to the extent the court finds any ambiguity in the form
Mortgage Note used by Countrywide in provisions
pertaining to a borrower's obligation to reimburse
Countrywide, directly or indirectly, for its costs, fees
and expenses, directing Countrywide to redraft the same
in a manner that fully and fairly describes the
obligations of the borrower;

-- awarding plaintiff and the class their costs and
disbursements and and reasonable allowances for
plaintiff's counsel and experts' fees and expenses; and

-- granting such other and further relief as may be just
and proper.

The suit is "Gregory O'Gara et al v. Countrywide Home Loans,
Inc.," filed with the U.S. District Court for the District of
Delaware.

Representing the plaintiff is:

Jeffrey M. Norton (jnorton@hfesq.com)

Harwood Feffer LLP

488 Madison Avenue

New York, NY 10022

Phone: (212) 935-7400

Fax: (212) 753-3630

Carmella P. Keener (ckeener@rmgglaw.com)
Rosenthal, Monhait & Goddess, P.A.
Citizens Bank Center, Suite 1401
Wilmington, DE 19899-1070
Phone: (302) 656-4433
Fax: (302) 658-7567