Homeowner Files Class-Action Lawsuit Against Texas' KB Home, Hagens Berman Announces
November 13 2009 - 1:42PM
PR Newswire (US)
Lawsuit charges national price-inflation scheme to defraud
consumers LOS ANGELES, Nov. 13 /PRNewswire/ -- A Texas homeowner
filed a class-action lawsuit today against KB Home (NYSE:KBH),
Countrywide Financial and LandSafe Appraisal Services, claiming the
three conspired to rig housing prices in Texas and Colorado,
costing home purchasers millions of dollars and pushing homeowners
into dangerous loans. (Logo:
http://www.newscom.com/cgi-bin/prnh/20080317/AQM144LOGO) The suit,
filed yesterday in U.S. District Court in Los Angeles, claims the
three companies employed a well-planned scheme to control the
typically independent appraisal process, jacking up home values,
which, in turn, were used to determine the value of other homes
sold by KB, affecting thousands of homeowners. The suit claims KB
Home targeted homeowners throughout Texas and Colorado with the
scheme. The complaint states between 2006 and 2008 more than 19,000
homes were delivered to the area. At an average price of $167,533 a
home, and conservatively assuming an average inflated appraisal of
$20,000 per home, that amounts to almost $300 million in inflated
contract prices, the suit states. The homebuilder has a significant
presence in Texas with 17 communities in the Austin area, 10
communities in the Dallas area, 16 communities around San Antonio
and 24 communities in Houston, the suit states. This is the fourth
lawsuit Hagens Berman Sobol Shapiro (HBSS) has filed against KB
Home, Countrywide and LandSafe alleging a national inflation scheme
to defraud consumers. The other lawsuits represent homeowners in
California, Arizona, Nevada, Florida, North Carolina and South
Carolina. "The lawsuit representing Texas and Colorado homeowners
mirrors the others suits we've filed across the country," said
Steve Berman, managing partner at Hagens Berman Sobol Shapiro.
"These three created a systemic and tightly controlled process to
inflate home values and home sales with no regard for the
homeowners or the dangerous loans the companies pushed on
unsuspecting purchasers." According to the complaint, Countrywide
funneled all its KB customers' home appraisals to a single person
at LandSafe, an appraisal subsidiary of Countrywide, who in turn
would deliver an appraisal value at whatever KB and Countrywide
ordered. The named plaintiff, Alice Stacy, purchased her home in
2006, and initially signed a purchase agreement for $150,484. An
initial appraisal submitted to Countrywide-KB mistakenly put the
home's value at $142,000 - this included a $14,000 sales incentive
and rolled in the closing costs of the home that totaled $5,516,
the suit states. The appraiser mistakenly thought KB wanted to sell
the home at $142,000, a number too low to support the loans KB and
Countrywide decided to foist on Stacy. It was also too low to
support the sales pitch KB delivered to Stacy, claiming the home's
value was $150,500. The plaintiff obtained a report of the lower
appraisal, contacted KB and demanded a lower contract price, and
the company told her the appraisal was a mistake. KB insisted the
house was in fact worth $150,500 and they would fix it, the suit
states. A few days later, the same appraiser submitted a revised
appraisal showing an increased value on the home, exactly the level
that KB promised Stacy. "With this case, Alice called KB out and
pretty much caught them red handed inflating values after the
appraiser mistakenly issued the lower report," said Berman. "The
correction and inflation of the value speaks volumes to the
practices we've alleged in all our complaints, that KB's demanding
specific home values and LandSafe is delivering without question."
The lawsuit lists several claims against the defendants including
violations of the Racketeer Influenced and Corrupt Organizations
Act (RICO), violation of California unfair competition law and
unjust enrichment. The lawsuit represents anyone who used
Countrywide and LandSafe to finance a home purchased through KB
Home in Texas or Colorado. To join this case, homeowners can
contact attorneys by visiting http://www.hbsslaw.com/kbhomes,
e-mailing or calling 206.623.7292. About Hagens Berman Sobol
Shapiro Hagens Berman Sobol Shapiro is a nationally recognized
class-action and complex-litigation law firm based in Seattle with
offices in San Francisco, Chicago, Boston, Los Angeles and Phoenix.
Among recent successes, HBSS negotiated a $300 million settlement
in the DRAM memory antitrust litigation, the largest antitrust
settlement in U.S. history, recovered $340 million on behalf of
Enron employees, and was part of the leadership team in the $3
billion Visa/MasterCard settlement. In pharmaceutical litigation,
the firm's recent successes include a $350 million settlement with
McKesson, more than $200 million with other parties in drug-pricing
litigation, and a $150 million settlement regarding Lupron. HBSS
represented Washington and 12 other states against the tobacco
industry that resulted in the largest settlement in history. For a
complete listing of HBSS cases, visit http://www.hbsslaw.com/.
Contacts: Steve Berman Hagens Berman Sobol Shapiro 206.623.7292
Mark Firmani Firmani + Associates Inc. 206.443.9357
http://www.newscom.com/cgi-bin/prnh/20080317/AQM144LOGO
http://photoarchive.ap.org/ DATASOURCE: Hagens Berman Sobol Shapiro
LLP CONTACT: Steve Berman of Hagens Berman Sobol Shapiro,
+1-206-623-7292, ; or Mark Firmani of Firmani + Associates Inc.,
+1-206-443-9357, , for Hagens Berman Sobol Shapiro LLP Web Site:
http://www.hbsslaw.com/
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