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MBS Lawsuits – Fourth-Quarter 2011 Mortgage Litigation Index

MBS Lawsuits
Fourth-Quarter 2011 Mortgage Litigation Index
Lawsuits related to mortgage-backed securities.

 

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
Ally Financial Financial Guaranty Insurance Co.  Supreme Court of the State of New York, County of New York na Complaint filed. Financial Guaranty Insurance Co. v. Ally Financial Inc. 653621-2011 12/27/2011 na www.mortgagedaily.com/LitigationMbs012312.aspwww.mortgagedaily.com/LitigationMbs012312.asp
Cliff Popper na na na Florida MBS trader defends self at tril before committing suicide. na na na Nov. 2011 www.mortgagedaily.com/MctBrokerSuicide010612.asp
GMAC Mortgage LLC and Residential Funding Company LLC Financial Guaranty Insurance Co. Supreme Court of the State of New York na Complaint filed. Financial Guaranty Insurance Company vs. Residential Funding Company, LLC (f/k/a Residential Funding Corporation); Residential Capital LLC (f/k/a Residential Capital Corporation) (RAMP Series 2005-RS9) na 11/29/2011 na www.mortgagedaily.com/LitigationMbs121211.aspwww.mortgagedaily.com/LitigationMbs121211.asp
UBS Securities LLC na U.S. District Court for the District of New Jersey na Case dismissed due to failure to adequately plead compliance with the one-year statute of limitations on private securities litigation filings brought under Sections 11 and 12(a)(2) of the Securities Act of 1933 Pension Trust Fund for Operating Engineers v. Mortgage Asset Securitization Transactions, Inc., et al. 2:10-CV-00898-DMC-JAD na 9/29/2011 www.mortgagedaily.com/LitigationMbs102511.asp
EMC Mortgage Corp. Bear Stearns Asset Backed Securities Trust 2005-4 Supreme Court of the State of New York, County of New York $95,000,000 Complaint filed. Bear Stearns Asset Backed Securities Trust 2005-4 v. EMC Mortgage Corp. 650003-2012 na 12/30/2011 www.mortgagedaily.com/LitigationMbs012312.aspwww.mortgagedaily.com/LitigationMbs012312.asp
Merrill Lynch & Co. Public Employees’ Retirement System of Mississippi U.S. District Court for the Southern District of New York $315,000,000 Settlement proposed in class action. Public Employees’ Retirement System of Mississippi, et al, v. Merrill Lynch & Co. Inc., et al 08 CIV. 10841 (JSR) na Dec. 2011 www.mortgagedaily.com/LitigationMbs012312.aspwww.mortgagedaily.com/LitigationMbs012312.asp
Bank of America U.S. Bank, N.A. as trustee for HarborView Mortgage Loan Trust Series 2005-10 U.S. District Court for the Southern District of New York  $1,750,000,000 Continuance granted to BofA for more time to respond to complaint. U.S. Bank National Association v. Countrywide Home Loans, Inc. et al. 1:11-cv-06223-LTS 8/29/2011 Nov. 2011 www.mortgagedaily.com/LitigationSecondary012612.asp
Wells Fargo & Co., GreenPoint Mortgage Funding Inc. Pelayo Duran CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION $100,000,000 Plaintiff alleges that defendant’s mortgage broker lured him in through an ad, then switched him to a subprime loan with GreenPoint PELAYO M. DURAN, Plaintiff, v. GREENPOINT MORTGAGE FUNDING, INC., a Foreign Corporation, WELLS FARGO & COMPANY a Foreign Corporation; WELLS FARGO BANK N.A., a Foreign Corporation, WELLS FARGO HOME MORTGAGE, INC., an inactive Florida Corporation, CINDY SIERRA and LEE A. ROSENTHAL, Personally; WELLS FARGO BANK N.A., AS TRUST ADMINISTRATOR FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.; ADJUSTABLE RATE MORTGAGE TRUST 2005-5, ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-5; TRUSTEE, INVESTORS 1-1000 IN AND FOR THE TRUST, MERSCORP, INC., a Foreign Corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP., INC., a Delaware Corporation, Defendants 09-03703 CA (01) na 10/4/2011 www.mortgagedaily.com/LitigationMbs102511.asp
Monroe L. Beachy United States of America U.S. District Court for the Northern District of Ohio $16,800,000 Defendant indicted over allegations he defrauded nearly 2,700 investors through his company, A&M Investments. U.S. District Judge Benita Pearson entered a “not guilty” plea on behalf of defendant. na na 9/14/2011 10/27/2011 www.mortgagedaily.com/LitigationCriminal103111.asp
America’s Wholesale Lender Jayson Schott U.S. District Court for the District of Western Pennsylvania na Plaintiff claims that foreclosures were invalid on mortgages because the loans were securitized and subject to securities laws na na 10/19/2011 na www.mortgagedaily.com/LitigationMbs102511.asp
Fannie Mae California Attorney General Kamala D. Harris San Francisco County Superior Court na Lawsuit filed seeking answers about defendants’ role in California’s housing meltdown. But, federal officials say it’s against the law to issue subpoenas to the two companies according to the HERA of 2008. na na 12/20/2011 na www.mortgagedaily.com/MctLawsuitCalifGses122111.asp, www.mortgagedaily.com/MctGseSubpoenas111711.asp
Freddie Mac California Attorney General Kamala D. Harris San Francisco County Superior Court na Lawsuit filed seeking answers about defendants’ role in California’s housing meltdown. But, federal officials say it’s against the law to issue subpoenas to the two companies according to the HERA of 2008. na na 12/20/2011 na www.mortgagedaily.com/MctLawsuitCalifGses122111.asp, www.mortgagedaily.com/MctGseSubpoenas111711.asp
Janelle Gabay HSBC Bank USA, N.A. Supreme Judicial Court of Maine na Defendant’s appeal granted due to genuine issues of material fact HSBC BANK USA, N.A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2005, FREMONT HOME LOAN TRUST 2005-E, v. JANELLE GABAY Cum-10-581 na 9/15/2011 www.mortgagedaily.com/LitigationTitle100911.asp
Bank of America American International Group Inc. U.S. District Court, Southern District of New York $10,000,000,000 Defendant requested that a judge disqualify the law firm representing plaintiff. American International Group Inc v. Bank of America Corp et al 11-06212 na 10/17/2011 www.mortgagedaily.com/LitigationMbs102511.asp
Bank of America Bank of New York Mellon Corp. U.S. District Court for the Southern District of New York, U.S. Circuit Court of Appeals in New York $8,500,000,000 Trustee Bank of New York Mellon Corp. made Nov. 9 filing  indicating that Delaware Attorney General Beau Biden shouldn’t be allowed to intervene in the lawsuit. In December, Court agreed to resolve by February whether case should be moved from federal to state court. Bank of New York Mellon v. Walnut Place LLC et al. 11-cv-5988, 11-4554,11-4571 na 11/9/2011 www.mortgagedaily.com/LitigationMbs121211.aspwww.mortgagedaily.com/LitigationMbs012312.aspwww.mortgagedaily.com/LitigationMbs102511.asp
Bank of America Corp. State of California na na Subpoena filed to determine if defendant sold securities under false pretenses na na na 10/18/2011 www.mortgagedaily.com/MctBoaSubpoena102011.asp
Bank of America Corp.’s Merrill Lynch & Co. Lead plaintiff is Public Employees’ Retirement System of Mississippi na $315,000,000 Settlement reached and awaiting Judge’s approval. Alleged misleading marketing. na na na na www.mortgagedaily.com/LitigationMbs121211.asp
Citigroup Global Markets Inc. Securities and Exchange Commission U.S. District Court for the Southern District of New York, U.S. Court of Appeals for the Second Circuit $285,000,000 Settlement rejection by U.S. District judge appealed by SEC. Citi allegedly misled investors in marketing a $1 billion CDO that it bet against. Within months, the CDO defaulted, while defendant reportedly earned $160 million in fees and trading profits. U.S. Securities and Exchange Commission, Plaintiff, v. Citigroup Global Markets Inc., Defendant 09-3804, 2011 WL 4950368 na 12/15/2011 www.mortgagedaily.com/LitigationInvestor122611.aspwww.mortgagedaily.com/LitigationMbs102511.aspwww.mortgagedaily.com/MctCitiSecSettlement112811.aspwww.mortgagedaily.com/MctSettlementCiti101911.asp
Citigroup Inc. IKB Deutsche Industriebank AG Supreme Court of the State of New York, County of New York $4,200,000 Plaintiff asked judge to rescind the sale and award unspecified punitive damages IKB Deutsche Industriebank AG (IKB) v. Citigroup Inc 652609/2011 9/23/11 na www.mortgagedaily.com/LitigationMbs102511.asp
Citigroup Inc. Moneygram Payment Systems Inc. Hennepin County, Minnesota, District Court $140,000,000 Complaint filed over alleged mortgage CDO losses. Moneygram Payment Systems Inc. v. Citigroup Inc. 27cv11-21348 10/26/2011 na www.mortgagedaily.com/LitigationMbs121211.asp
Citigroup Inc. National Credit Union Administration na $20,500,000 Settlement. Resolved RMBS losses suffered by five failed wholesale credit unions. na na na 11/14/2011 www.mortgagedaily.com/SettlementsNcua111411.asp
Countrywide Financial Corp. FDIC U.S. District Court for the District of Colorado na A Joint Motion for a Temporary Stay of Proceedings Pending Determination by the JPML of any Objection to Transfer of This Case to the MDL Court was granted to defendant. Case was removed to Fedearl Court on August 30. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for United Western Bank, Plaintiff, v. COUNTRYWIDE FINANCIAL CORPORATION, COUNTRYWIDE HOME MORTGAGE LOANS, INC., CWALT, INC., CWMBS, INC., COUNTRYWIDE CAPITAL MARKETS, COUNTRYWIDE SECURITIES CORPORATION, and BANK OF AMERICA CORPORATION, Defendants Civil Action No. 11-cv-02268-WJM-KLM na 9/19/2011 www.mortgagedaily.com/LitigationMbs102511.asp
Countrywide Financial Corp. Iowa Public Employees’ Retirement System, the Oregon Public Employees’ Retirement System, the Orange County Employees’ Retirement System and the General Board of Pension and Health Benefits of the United Methodist Church U.S. District Court for the Central District of California na Class action certified. Maine State Retirement System et al., v. Countrywide Financial Corp. et al 10-CV-00302 na 11/22/2011 www.mortgagedaily.com/LitigationMbs121211.asp
Countrywide Financial Corp. Sealink Funding Ltd. New York State Supreme Court, New York County $1,600,000,000 The plaintiff was created to manage Landesbank Sachsen AG’s riskiest assets after the German lender almost collapsed Sealink Funding Ltd. vs. Countrywide Financial Corp 652679/2011 9/29/2011 na www.mortgagedaily.com/LitigationMbs102511.asp
Deutsche Alt-A Securities Inc. Massachusetts Briklayers and Masons Trust Fund U.S. District Court for the Eastern District of New York na Court ordered the defendants to produce the requested documents MASSACHUSETTS BRICKLAYERS AND MASONS TRUST FUND, Individually and on Behalf of All Other Similarly Situated, Plaintiff, v. DEUTSCH ALT-A SECURITIES, INC., et al., Defendants CV 08-3178 (LDW)(ARL) na 10/7/2011 www.mortgagedaily.com/LitigationMbs102511.asp
Deutsche Bank Securities National Credit Union Administration na $145,000,000 Settlement filed resolving RMBS losses suffered by five failed wholesale credit unions. na na na 11/14/2011 www.mortgagedaily.com/SettlementsNcua111411.asp
DLJ Mortgage Capital Inc. Assured Guaranty Corp. New York State Supreme Court $1,800,000,000 Complaint filed alleging misrepresentation of the loan quality on mortgage securities insured. Plaintiff claims the defendant “materially and pervasively” breached its mortgage representations and overstating the quality of mortgage loans. Assured Guaranty Municipal Corp. v. DLJ Mortgage Capital Inc 652837-2011 10/17/2011 na www.mortgagedaily.com/LitigationMbs121211.aspwww.mortgagedaily.com/LitigationMbs102511.asp
First Tennessee First Community Bank Knox County Circuit Court $100,000,000 Plaintiff claims that the historical assumptions touted by the issuing entities were “woefully inadequate to capture the risk of default of bank-issued underlying securities” in the CDOs na na na Sept. 2011 www.mortgagedaily.com/LitigationMbs102511.asp
Goldman Sachs Group Inc. Federal Housing Finance Agency; the National Credit Union Administration; Basis Yield Alpha Fund; the Federal Home Loan Banks of Seattle, Chicago, Indianapolis and Boston; the Charles Schwab Corp.; Cambridge Place Investment Management Inc.; Heungkuk Life Insurance Co. Limited; Landesbank Baden-Württemberg; certain Allstate affiliates; The Union Central Life Insurance Co.; Ameritas Life Insurance Corp.; Acacia Life Insurance Co.; Massachusetts Mutual Life Insurance Co.: and The Western and Southern Life Insurance Co. ns $15,800,000,000 SEC filing notes pending litigation. na na na na www.mortgagedaily.com/LitigationMbs121211.asp
John P. Flannery, James D. Hopkins,  State Street Corp. Securities and Exchange Commission na $663,000,000 Charges dismissed against Flannery and Hopkins. The judge wrote that neither executive “was responsible for, or had ultimate authority over, the allegedly false and materially misleading documents” sent to clients. na na na 10/28/2011 www.mortgagedaily.com/LitigationMbs121211.asp
JPMorgan Chase & Co. Sealink Funding Ltd. New York State Supreme Court, New York County na Complaint filed in case where plaintiff was created to manage Landesbank Sachsen AG’s riskiest assets after the German lender almost collapsed Sealink Funding Ltd. vs. Bear Stearns & Co. Inc. 652681/2011 9/29/2011 na www.mortgagedaily.com/LitigationMbs102511.asp
Morgan Stanley Mortgage Capital Holdings State of Nevada na $40,000,000 Assurance of Discontinuance filed related to defendant’s role in originating and securitizing 3,000 Nevada subprime mortgages na na na 9/27/11 www.mortgagedaily.com/LitigationMbs102511.asp
na investors in Wells Fargo Mortgage-Backed Certificates na na Plaintiffs given until Dec. 7 to file proofs of claim. na na na na www.mortgagedaily.com/LitigationMbs121211.aspwww.mortgagedaily.com/LitigationMbs121211.asp
Wachovia Capital Markets LLC National Credit Union Administration U.S. District Court for the District of Kansas na Complaint filed alleging defendant is accused of violating federal and state securities laws by misrepresenting the quality of residential mortgage-backed securities purchased by U.S. Central Federal Credit Union and Western Corporate Federal Credit Union — both of which collapsed in March 2009. NATIONAL CREDIT UNION ADMINISTRATION BOARD, as Liquidating Agent of U.S. Central Federal Credit Union and of Western Corporate Federal Credit Union, Plaintiff, vs. WACHOVIA CAPITAL MARKETS, LLC n/k/a WELLS FARGO SECURITIES, LLC, Defendant 2:11-cv-02649-JAR-KGG 11/28/2011 na www.mortgagedaily.com/LawsuitNcuaWachovia112911.asp
Wells Fargo Securities LLC Loreley Financing New York State Supreme Court  $163,300,000 Sued over bad collateralized-debt obligations. Loreley Financing v. Wells Fargo Securities 653037/2011 11/1/2011 na www.mortgagedaily.com/LitigationMbs121211.aspwww.mortgagedaily.com/LitigationMbs121211.asp
RBS Financial Products Inc. Commonwealth of Massachusetts Suffolk Superior Court $52,000,000 Assurance of discontinuance filed in settlement. Defendant was accused of financing, purchasing and securitizing residential loans that were presumptively unfair under Massachusetts’ Consumer Protection Act. na na na 11/28/2011 www.mortgagedaily.com/SetllementRbsMass112911.asp
Ally Financial Inc. Federal Housing Finance Agency U.S. District Court, Southern District of New York na Case moved to federal court. Federal Housing Finance Agency, et al, Plaintiff, -against- Ally Financial Inc., et al na 9/2/2011 Oct. 2011 www.mortgagedaily.com/LitigationMbs102511.asp
Countrywide Financial Corp. Federal Housing Finance Agency U.S. District Court, Southern District of New York (originally filed in Supreme Court of the State of New York County of New York) na Plaintiff claims that defendant improperly moved  suit from state to federal court as part of a strategy to have the case transferred to multidistrict litigation case in California. Plaintiff moved to have the case remanded to state court. FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff, -against- COUNTRYWIDE FINANCIAL CORPORATION; COUNTRYWIDE HOME LOANS, INC.; COUNTRYWIDE CAPITAL MARKETS, LLC; COUNTRYWIDE SECURITIES CORPORATION; CWALT INC.; CWABS, INC.; CWMBS, INC; BANK OF AMERICA CORPORATION; BANK OF AMERICA, N.A.; NB HOLDINGS CORPORATION; BANC OF AMERICA SECURITIES LLC; CITIGROUP GLOBAL MARKETS, INC.; DEUTSCHE BANK SECURITIES INC.; RBS SECURITIES, INC. (f/k/a GREENWICH CAPITAL MARKETS, INC.); UBS SECURITIES, LLC; N. JOSHUA ADLER; THOMAS H. BOONE; JEFFREY P. GROGIN; RANJIT KRIPALANI; STANFORD KURLAND; THOMAS KEITH MCLAUGHLIN; JENNIFER S. SANDEFUR; ERIC SIERACKI; DAVID A. SPECTOR; Defendants 11cv6916 9/2/2011 10/19/2011 www.mortgagedaily.com/LitigationMbs102511.aspwww.mortgagedaily.com/LitigationMbs102511.asp
Daniel H. Mudd, Enrico Dallavecchia, and Thomas A. Lund Securities and Exchange Commission U.S. District Court for the Southern District of New York na Defendants allegedly misstated their subprime mortgage holdings in public filings, investor calls and media interviews, in addition to masking the degree of Alt-A exposure. Plaintiff is seeking financial penalties and for the executives to return ill-gotten gains. A permanent injunction is also sought barring the defendants from being an officer or director of a publicly traded company registered under Section 12 of the Securities and Exchange Act of 1934. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff,-v. DANIEL H. MUDD, ENRICO DALLAVECCHIA, and THOMAS A. LUND, Defendants 11 CIV 9202 12/18/2011 na www.mortgagedaily.com/LawsuitSecGseExecs121611.asp
General Electric Co. Federal Housing Finance Agency U.S. District Court, Southern District of New York na Case moved to federal court. Federal Housing Finance Agency, et al, Plaintiff, -against- General Electric Company, et al na 9/2/2011 Oct. 2011 www.mortgagedaily.com/LitigationMbs102511.asp
Morgan Stanley Federal Housing Finance Agency U.S. District Court, Southern District of New York na Case moved to federal court. Federal Housing Finance Agency, et al, Plaintiff, -against- Morgan Stanley, et al na 9/2/2011 Oct. 2011 www.mortgagedaily.com/LitigationMbs102511.asp
Richard F. Syron, Patricia L. Cook, and Donald J. Bisenius Securities and Exchange Commission U.S. District Court for the Southern District of New York na Defendants allegedly misstated their subprime mortgage holdings in public filings, investor calls and media interviews. Plaintiff is seeking financial penalties and for the executives to return ill-gotten gains. A permanent injunction is also sought barring the defendants from being an officer or director of a publicly traded company registered under Section 12 of the Securities and Exchange Act of 1934. U.S. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. RICHARD F. SYRON, PATRICIA L. COOK, and DONALD J. BISENIUS, Defendants 11 CIV 9201 12/18/2011 na www.mortgagedaily.com/LawsuitSecGseExecs121611.asp
Countrywide Financial Corp. National Integrity Life Insurance Co. U.S. District Court, Southern District of New York $93,800,000 Complaint filed alleging abandonment of guidelines by defednat on 24 securitizations. Lawsuit seeks to force defendant to repurchase the certificates. National Integrity Life Insurance Co. vs. Countrywide Financial Corp. et al 11-08077 11/9/2011 na www.mortgagedaily.com/LitigationMbs121211.asp
EMC Mortgage LLC Wells Fargo Delaware Chancery Court na Plaintiff seeks to force defendant to repurchase 800 bad mortgages included in Bear Stearns Mortgage Funding Trust 2007-AR2 na na Sep. 2011 na www.mortgagedaily.com/LitigationMbs102511.asp

Q3 2011 MBS lawsuits

Q2 2011 MBS lawsuits

Q1 2011 MBS lawsuits

4th quarter 2010 MBS lawsuits

3rd quarter 2010 MBS lawsuits

2nd quarter 2010 MBS lawsuits

1st quarter 2010 MBS lawsuits

4th-quarter 2009 MBS lawsuits

3rd-quarter 2009 MBS lawsuits

2nd-quarter 2009 MBS lawsuits

1st-quarter 2009 MBS lawsuits

4th-quarter 2008 MBS lawsuits

full year 2007 MBS lawsuits

 

 

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