Mortgage Daily

Published On: August 27, 2007
Wachovia v. ThornburgLate payment promised today

August 27, 2007

By JERRY DeMUTH

A late payment on derivatives contracts, which Thornburg Mortgage Inc. has promised to pay today, is being litigated.

Wachovia Bank has filed a lawsuit against Thornburg, seeking more than $5.1 million plus interest and legal expenses for failure to honor derivatives contracts, including a series of interest rate swaps entered into in Oct. 2003.

The swaps agreement was terminated by Wachovia and Santa Fe-based Thornburg on Aug. 13 and Thornburg was required to return nearly $5.124 million in collateral by 6 p.m. on August 15, according to the suit, which was filed Thursday in U.S. District Court for the Southern District of New York.

The suit alleges that Santa Fe, N.M.-based Thornburg, which had to recently halt new mortgage rate locks due to a secondary market freeze up for nonconforming mortgages, has breached the agreement “by refusing to pay Wachovia” the amount due.

“Thornburg Mortgage agreed — and continues to acknowledge — that, pursuant to the agreement, it owes Wachovia $5,123,563.08,” the suit states.

But the suit alleges that on Aug. 22, “Thornburg Mortgage informed Wachovia that it intends to continue to pay other, unrelated counter parties with which it has established business relationships before it pays Wachovia.”

Thornburg, a spokeswoman for the real estate investment trust told MortgageDaily.com, was “surprised by Wachovia’s complaint. As previously agreed to by both parties, Thornburg Mortgage will fulfill its obligation to Wachovia on Monday [Aug. 27].”

She would comment no further.

In its suit, Wachovia seeks payment of the $5.123 million plus legal expenses, interest, including “default interest,” and “such further relief” the court “may deem just and proper.”

A Wachovia spokeswoman told MortgageDaily.com that because the suit is pending litigation she could say only that the suit was filed to “seek payment of a legitimate obligation.”


Jerry DeMuth is an award winning journalist who has been reporting for four decades.

e-mail Jerry at demuth933@earthlink.net


Thornburg profile

Wachovia profile

next story

back to current headlines

FREE CALCULATORS TO HELP YOU SUCCEED
Tools for Your Next Big Decision.

Amortization Calculator

Affordability Calculator

Mortgage Calculator

Refinance Calculator

FHA Mortgage Calculator

VA Mortgage Calculator

Real Estate Calculator

Tags

Pre-Approval Resources!

Making well educated decions in a matter of minutes and stay up to date on the latest news Mortgage Daily has to offer. Read our latest articles to stay up to date on what’s going on…

Resource Center

Since 1998, Mortgage Daily has helped millions of people such as yourself navigate the complicated hurdles of the mortgage industry. See our popular topics below, search our website. With over 300,000 articles, we are guaranteed to have something for you.

Your mortgages approval starts here.

Add 1-2 sentence here. Add 1-2 sentence here. Add 1-2 sentence here. Add 1-2 sentence here. Add 1-2 sentence here.

Stay Up To Days with Today’s Latest Rates

Mortgage

Today’s rates starting at

4.63%

5/1 ARM
$200,000 LOAN

Home Refinance

Today’s rates starting at

4.75%

30 YEAR FIXED
$200,000 LOAN

Home Equity

Today’s rates starting at

3.99%

3 YEAR
$200,000 LOAN

HELOC

Today’s rates starting at

2.24%

30 YEAR FIXED
$200,000 LOAN