Mortgage Daily

Published On: March 21, 2011
Secondary Marketing Lawsuits
Fourth-Quarter 2010 Mortgage Litigation Index
Cases related to secondary marketing, warehouse lending and repurchases.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
Ally Financial, Bank of America Mortgage Securities, Inc., Bank of America Securities, LLC, Bank of America Corp., Bear Stearns & Co., Inc., Chase Mortgage Finance Corp., Citigroup Global Markets, Inc., Countrywide Financial Corp., Credit Suisse (USA), Inc., Credit Suisse First Boston Mortgage Securities Corp., Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, CWMBS, Inc., First Horizon Asset Securities, Inc., First Savings Mortgage Corp., First Tennessee Bank Nat’l Assoc., GMAC Mortgage Group LLC, Goldman Sachs Mortgage Co., Goldman Sachs & Co., GS Mortgage Securities Corp., Indymac MBS, Inc., J.P. Morgan Acceptance Corp. I, J.P. Morgan Securities Inc., John Doe Defendants 1-50, JP Morgan Chase & Co., JP Morgan Securities Holdings LLC, RBS Securities, Inc. Residential Funding Mortgage Securities I, Inc. Federal Home Loan Bank Loan of Indianapolis U.S. District Court for the Southern District of Indiana $3,000,000,000 Suit alleging negligent misrepresentation of MBS performance. Fed’l Home Bank Loan of Indianapolis v. Ally Fin. Inc. 1:2010cv01463 11/15/2010 www.mortgagedaily.com/LitigationMbs113010.asp
www.mortgagedaily.com/MctLawsuitFhlb111910.asp
Barclays Bank PLC Lone Star Fund V n/a n/a Case dismissal was affirmed because the investors failed to allege a misrepresentation in light of the “repurchase or substitute” clauses in the securities contracts. Lone Star Fund V (US), LP v. Barclays Bank PLC Case No. 594 F.3d 383 1/11/2010 www.mortgagedaily.com/LitigatonRepurchase122710.asp
Countrywide Financial Corporation, Countrywide Home Loans, Inc., and Countrywide Home Loans Servicing LP Class action Supreme Court of New York, County of New York $80,000,000,000 Suit regarding loss mitigation in connection with home mortgages. Greenwich Fin. Servs. Distressed Mortgage Fund 3, LLC v. Countrywide Fin. Corp. No.1:2008cv11343 12/30/2008 www.mortgagedaily.com/LawsuitBoaAz121710.asp
Creston King, Amy King CitiMortgage Inc. n/a $106,421 Judge rules that Fannie Mae, current owner of REO, to go through mitigation. n/a n/a n/a www.mortgagedaily.com/MctForeclosureFannie120810.asp
David Findel United States n/a $11,000,000 Defendant, former CEO of Worldwide Financial Resources Inc., pled guilty to wire fraud in connection with secondary lending fraud. United States v. Findel n/a 10/14/2010 www.mortgagedaily.com/PleaWorldwide101810.asp
Enhance Mortgage Corporation, Inc. Texas Attorney General Greg Abbott n/a n/a Attorney General sued mortgage businesses for violating Texas consumer protection laws. State of Texas v. Enhance Mortgage Corporation, Inc. 2010-554.513 10/15/2010 www.mortgagedaily.com/mctlawsuittexas111710.asp
Fairway Independent Mortgage Corporation Lehman Brothers Holdings Inc. U.S. District Court-Western District of Wisconsin n/a Fairway made material misrepresentations regarding loans Lehman bought from Fairway. Lehman Brothers Holdings Inc. v. Fairway Independent Mortgage Corporation 3:2010cv00727 11/19/2010 www.mortgagedaily.com/mctlawsuitlehmanfairway112110.asp
Federal Deposit Insurance Corporation Bank of America U.S. District Court, District of Columbia $1,750,000,000 Plaintiff sued FDIC on behalf of its investors whose claims were denied by the agency, alleging losses due to fraud by lender Taylor Bean & Whitaker Mortgage Corp. Bank of America v. FDIC 10-01681 10/1/2010 www.mortgagedaily.com/LawsuitBoaVsFdic102010.asp
First Horizon National Corp. Federal Housing Finance Agency n/a n/a Subpoena issued. n/a n/a n/a www.mortgagedaily.com/FirstHorizonFhfa110210.asp
GMAC Mortgage, Residential Capital LLC, Residential Funding Securities LLC, Residential Asset Mortgage Products Inc., Residential Funding Company LLC, Residential Funding Mortgage Securities I Inc., Residential Accredit Loans Inc. and Homecomings Financial LLC Fannie Mae n/a $462,000,000 Settlement resolves subpoena and $84 billion in repurchase liabilities. n/a n/a n/a www.mortgagedaily.com/AllyFannieSettlement122810.asp
Lee Bentley Farkas U.S. Attorney’s Office U.S. District Court for the Eastern District of Virginia $1,400,000,000 Farkas seeks 3 additional months to prepare for trial, and is accused of masterminding a fraudulent scheme to hide hundreds of millions of dollars. United States v. Farkas 1:10cr200 n/a www.mortgagedaily.com/LitigationCriminal120710.asp
Metro Buys Homes United States n/a $898,600 Dozen lawsuits claim misappropriation of investors’ funds. United States v. Shebetich n/a 10/5/2010 www.mortgagedaily.com/MctMetropolitan100610.asp
Peter Bakowski U.S. Attorney’s Office n/a $16,000,000 15-year sentence for role in secondary scheme where more than one investor was sold a loan. United States v. Bakowski n/a n/a www.mortgagedaily.com/LitigationCriminal120710.asp
Texas Attorney General Greg Abbott Enhance Mortgage Corporation, Inc. Lubbock County Superior Court, Texas n/a Complaint alleges that the Lubbock office of the AG’s consumer protection division was making false allegations and threats through misuse of the state’s Deceptive Trade Practices-Consumer Protection Act. State of Texas v. Enhance Mortgage Corporation, Inc. 2010-554.513 10/15/2010 www.mortgagedaily.com/mctlawsuittexas111710.asp
Wurttembergische Versigh Universal Mortgage Corp. n/a n/a Complaint filed alleging defendant reneged on a mortgage bankers blanket bond. Universal Mortg. Corp. v. Wurttembergische Versigh LEXIS 77975 7/30/2010 www.mortgagedaily.com/LitigatonRepurchase122710.asp

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