Countrywide moves to dismiss from class action

Steve Korris Jul. 21, 2006, 4:09am

Countrywide Home Loans, defending itself in a proposed Madison County class action suit that its former counsel helped to start, has filed a motion to throw out the suit.

Attorney Troy Bozarth of Edwardsville moved June 20 for summary judgment. He filed his argument under seal.

Circuit Judge Don Weber set a hearing Oct. 18.

Plaintiff Todd Morgan claimed in 2003 that Countrywide improperly charged a $30 courier fee when closing a loan.

He claimed Countrywide paid a courier less than that and kept the difference.

The Lakin Law Firm filed Morgan's suit and about 26 other proposed class actions over mortgage fees from 2002 to 2004.

The complaints listed attorneys in other firms in association with the Lakin firm.

One of the attorneys, Malik Diab of Chicago, had represented Countrywide in 19 suits over mortgage fees.

Countrywide moved to disqualify all attorneys, arguing that Diab's improper communications had tainted all of them.

Circuit Judge Phillip Kardis denied the motion in 2004.

Kardis retired last year and his cases transferred to Weber.

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