BEIJING, Nov. 2 (Xinhuanet) -- The first major development of New York
Attorney General Andrew Cuomo's nine-month probe into the mortgage industry came
Thursday when a suit was filed against First American Corp and one of its units
for allegedly colluding with Washington Mutual Inc. to inflate the appraisal
values of homes.
The attorney general's office has sent hundreds of subpoenas and has
uncovered "fundamental flaws" in two areas of the market -- appraisals and
securitization of mortgage loans that helped trigger the mortgage market
meltdown, officials said.
The lawsuit, filed in New York Supreme Court, contends that First American
and its real estate appraisal subsidiary eAppraiseIT violated appraiser
independence laws. Washington Mutual, the largest U.S. savings and loan, was not
named as a defendant in the case.
eAppraiseIT, known as EA, "caved to pressure" from Washington Mutual to use
a list of preferred appraisers who provided inflated home appraisals, the
attorney general's office said.
"First American helped set the current mortgage crisis in motion," Cuomo
said in a statement. "The independence of the appraiser is essential to
maintaining the integrity of the mortgage industry. First American and
eAppraiseIT violated that independence when Washington Mutual strong-armed them
into a system designed to rip off homeowners and investors alike."
Cuomo said at a news conference there were jurisdictional questions
involving Washington Mutual that affect whether or not he brings a case against
the bank.
"There are issues of federal preemption ... and questions about state
attorney generals' jurisdiction on federal institutions," Cuomo said, when asked
if he would bring a separate action against Washington Mutual.
Cuomo, who served as Secretary of Housing and Urban Development under U.S.
President Bill Clinton, also said the issues surrounding appraisals were not
new, and accused federal authorities of being "asleep at the switch once again."
(Agencies)