Mortgage Daily

Published On: April 16, 2013

Secondary Marketing Lawsuits

First-Quarter 2013 Mortgage Litigation Index

Cases related to secondary marketing, warehouse lending and repurchases.

 

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
Federal Deposit Insurance Corporation Bank Of America, N. A. U.S. District Court, District of Columbia na Motion filed by plaintiff asking for clarification of the court’s Dec. 10, 2012. BANK OF AMERICA, N. A., As Indenture Trustee, Custodian, and Collateral Agent for OCALA FUNDING, LLC, Plaintiff and Counterclaim Defendant,  v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as the Receiver for COLONIAL BANK, and in its capacity as the Receiver for PLATINUM COMMUNITY BANK, Defendant and Counterclaim Plaintiff. 10-CV-1681 (BJR) 10/1/2010 2/5/2013 www.mortgagedaily.com/LitigationBkCorp021813.asp
COUNTRYWIDE FINANCIAL CORP.; COUNTRYWIDE HOME LOANS INC.; COUNTRYWIDE BANK, FSB; BANK OF AMERICA CORP.; BANK OF AMERICA, N.A.; REBECCA MAIRONE United States of America U.S. District Court for the Southern District of New York Mairone requests to be dismissed from lawsuit. UNITED STATES OF AMERICA, Plaintiff,  v. COUNTRYWIDE FINANCIAL CORPORATION; COUNTRYWIDE HOME LOANS, INC.; COUNTRYWIDE BANK, FSB; BANK OF AMERICA CORPORATION; BANK OF AMERICA, N.A.; and REBECCA MAIRONE, Defendants.  12 Civ. 1422 (JSR) na 2/28/2013 www.mortgagedaily.com/SecondaryMarketingLawsuits1q2013.asp
Thomas Kontogiannis, Chicago Title Insurance Company, Inc. DLJ Mortgage Capital, Inc. Appellate Division of the Supreme Court of New York, First Department na Plaintiff’s allegations dismissed. DLJ Mortgage Capital, Inc., Respondent, v. Thomas Kontogiannis et al., Defendants, and Chicago Title Insurance Company, Inc., et al., Appellants 9007, 104675/10 na 1/15/2013 www.mortgagedaily.com/SecondaryMarketingLawsuits1q2013.asp
American Home Mortgage Servicing Inc. Sand Canyon Corp. New York State Supreme Court, Manhattan na Proceedings stayed. Sand Canyon Corp. v. American Home Mortgage Servicing Inc. 650504/2012 2/22/2012 1/17/2013 www.mortgagedaily.com/LitigationRepurchases021113.asp
Bank of America Corp. Fannie Mae na $10,300,000,000 Settlement reached on repurchases. na na na 1/7/2013 www.mortgagedaily.com/BoaRepurchase010713.asp
Nationstar Mortgage Holdings Inc. KIRP LLC New York State Supreme Court (Manhattan) na Complaint filed, temporary restraining order issued halting loan sales. KIRP LLC v. Nationstar Mortgage LLC 650794- 2013 3/7/2013 3/7/2013 www.mortgagedaily.com/SecondaryMarketingLawsuits1q2013.asp
RBS Securities Inc.  CUNA Mutual Group U.S. District Court for the Western District of Wisconsin $72,000,000 Motion for order requiring repurchase was filed. na na na 3/7/2013 www.mortgagedaily.com/SecondaryMarketingLawsuits1q2013.asp
Walter J. Ng, Kelly W. Ng, Bruce A. Horwitz, The Mortgage Fund Securities and Exchange Commission U.S. District Court for the Northern District of California $39,000,000 Complaint filed. Securities and Exchange Commission v. Walter Ng, Kelly Ng, Bruce Horwitz, and The Mortgage Fund, LLC C-13 0895-NC  2/28/2013 2/28/2013 www.mortgagedaily.com/SecondaryMarketingLawsuits1q2013.asp
Countrywide Home Loans, Inc. d/b/a Bank of America Home Loans, Bank of America Corporation, Bank of America, N.A. Washington Federal U.S. District Court Western District of Washington at Seattle $400,000,000 Amended complaint filed. Washington Federal v. Countrywide Home Loans, Inc. d/b/a Bank of America Home Loans, Bank of America Corporation, Bank of America, N.A. 2:12-cv-01820 10/16/2012 1/31/2013 www.mortgagedaily.com/LitigationRepurchases021113.asp
Mason-Dixon Funding CitiMortgage, Inc. U.S. District Court, E.D. Missouri, Eastern Division na Final pretrial conference. CitiMortgage, Inc. v. Mason-Dixon Funding 4:09cv1997 TCM 6/26/2009 2/13/2013 www.mortgagedaily.com/LitigationRepurchases021113.asp
Terrace Mortgage Company Residential Funding Company, LLC U.S. District Court, D. Minnesota na Motion to certify judgment granted. Residential Funding Company, LLC., v. Terrace Mortgage Company 09-3455 (SRN/AJB) 12/24/2009 1/22/2013 www.mortgagedaily.com/LitigationRepurchases021113.asp
Allied Mortgage Group, Inc. CitiMortgage, Inc. U.S. District Court, E.D. Missouri, Eastern Division na Satisfaction of judgment entered. CitiMortgage, Inc. V. Allied Mortgage Group, Inc. 4:10CV01863 JAR 5/1/2012 1/15/2013 www.mortgagedaily.com/LitigationRepurchases021113.asp
CREDIT SUISSE SECURITIES (USA) LLC MBIA INSURANCE CORP. Appellate Division of the Supreme Court of New York, First Department Decision in favor of defendant denied on appeal. MBIA INSURANCE CORPORATION, Appellant, v. CREDIT SUISSE SECURITIES (USA) LLC et al., Respondents 9258N, 603751/09, 9258NA, 103 A.D.3d 486 (2013), 960 N.Y.S.2d 25, 2013 NY Slip Op 1011 na 2/14/2013 www.mortgagedaily.com/SecondaryMarketingLawsuits1q2013.asp
Flagstar Bank, FSB; Flagstar Capital Markets Corporation; and Flagstar ABS, LLC Assured Guaranty Municipal Corp., f/k/a Financial Security Assurance Inc. U.S. District Court for the Southern District of New York $90,100,000 Judgment in favor of plaintiff. Assured Guaranty Municipal Corp., f/k/a Financial Security Assurance Inc., Plaintiff, vs. Flagstar Bank, FSB; Flagstar Capital Markets Corporation; and Flagstar ABS, LLC, Defendants 11–CIV–2375 (JSR) 4/7/2011 2/5/2013 www.mortgagedaily.com/LawsuitFlagstar020613.asp
FEDERAL DEPOSIT INSURANCE CORPORATION MBIA INSURANCE CORPORATION U.S. Court of Appeals, District of Columbia Circuit na Lower court decision in favor of defendant upheld on appeal. MBIA INSURANCE CORPORATION, Appellant v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity and as conservator and receiver of IndyMac Federal Bank, F.S.B., Appellee 11-5317; 708 F.3d 234 (2013) na 3/8/2013 www.mortgagedaily.com/SecondaryMarketingLawsuits1q2013.asp

Q4 2012 secondary marketing lawsuits

Q3 2012 secondary marketing lawsuits

Q2 2012 secondary marketing lawsuits

Q1 2012 secondary marketing lawsuits

Q4 2011 secondary marketing lawsuits

Q3 2011 secondary marketing lawsuits

Q2 2011 secondary marketing lawsuits

Q1 2011 secondary marketing lawsuits

Q4 2010 secondary marketing lawsuits

Q3 2010 secondary marketing lawsuits

Q2 2010 secondary marketing lawsuits

Q1 2010 secondary marketing lawsuits

Q4 2009 secondary marketing lawsuits

Q3 2009 secondary marketing lawsuits

Q2 2009 secondary marketing lawsuits

1st quarter 2009 secondary marketing lawsuits

4th quarter 2008 secondary marketing lawsuits

3rd quarter 2008 secondary marketing lawsuits

2nd quarter 2008 secondary marketing lawsuits

1st quarter 2008 secondary marketing lawsuits

full year 2007 secondary marketing lawsuits

 

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