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MBS Lawsuits Second-Quarter 2010 Mortgage Litigation Index

MBS Lawsuits
Second-Quarter 2010 Mortgage Litigation Index
Lawsuits related to mortgage-backed securities.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
Morgan Stanley & Co. Inc. Commonwealth of Massachusetts Superior Court of Suffolk County $101,000,000 Mass. Attorney General announced a settlement in which Morgan Stanley agreed to pay $100 million arising out of claims that the investment bank was involved in the securitization of loans obtained through predatory lending practices. Commonwealth of Mass. v. Morgan Stanley & Co., Inc. No. 10-2538 E n/a www.mortgagedaily.com/settlementmorganstanley062410.asp
Bear Stearns & Company, Inc., Frederick W. Barney, Jr., The Bear Stearns Companies, Inc. and JP Morgan Chase & Company Republic Bank & Trust Company U.S. District Court, W.D. Kentucky, Louisville Division n/a Republic Bank & Trust Co.’s lawsuit was dismissed. Republic sued for fraud, negligent misrepresentation, and violations of Kentucky’s Blue Sky Law in connection with Defendants’ sale of securities. Republic admitted to not reading the relevant prospectuses prior to purchasing the securities. Republic Bank & Trust Co. v. Bear, Stearns & Co. Inc., et al. Civil Action No. 3:09-CV-287-S 17-Apr-09 www.mortgagedaily.com/LitigationMbs051910.asp
Citigroup Mortgage Loan Trust Inc., Citigroup Mortgage Loan Trust 2007-2, Citigroup Trust 2007-6, Citigroup Mortgage Loan Trust 2007-AHL 1, Citigroup Mortgage Loan Trust 2007-AHL 2, Citigroup Mortgage Loan Trust 2007-AHL 3, Citigroup Mortgage Loan Trust 2007- AMC 1, Citigroup Mortgage Loan Trust 2007-AMC 2, Citigroup Morgage Loan Trust 2007- AMC 3, Citigroup Mortgage Loan Trust 2007-AMC 4, Citigroup Mortgage Loan Trust 2007-AR 1, Citigroup Mortgage Loan Trust 2007-AR 4, Citigroup Mortgage Loan Trust 2007-AR 5, Citigroup Mortgage Loan Trust 2007-AR 7, Citigroup Mortgage Loan Trust 2007-OPX 1, Citigroup Mortgage Loan Trust 2007-WFHE 1, Citigroup Mortgage Loan Trust 2007-WFHE 2, Citigroup Mortgage Loan Trust 2007-WFHE 3, Citigroup Mortgage Loan Trust 2007-WFHE 4, Citigroup Global Markets Inc., Rendall Costa, Scott Freidenrich, Peter Patricola, Mark I. Tsesarsky, Jeffrey Perlowitz, Evelyn Echevarria City of Ann Arbor Employees’ Retirement System, Individually and on behalf of all other similarly situated U.S. District Court for the Eastern District of New York n/a Defendants’ motion to dismiss was granted, with leave for plaintiffs’ to replead. The issue was whether plaintiffs had standing to bring claims. Courts require named plaintiffs to have actually purchased the same securities as the class they seek to represent. City of Ann Arbor Employees’ Retirement System v. Citigroup Mortgage Loan Trust Inc., et al. No. 2:08-cv-08-1418 7-Apr-08 www.mortgagedaily.com/LitigationMbs051910.asp
Countrywide Financial Corporation, Countrywide Home Loans, Inc., and Countrywide Home Loans Servicing LP Greenwich Financial Services Distressed Mortgage Fund 3 LLC, and QED LLC, on Behalf of Themselves and all Others Similarly Situated U.S. Court of Appeals, Second Circuit n/a The Second Circuit dismissed Plaintiffs’ appeal of the District Court’s decision to remand the case back to state court. Plaintiff is an investor in Countrywide RMBS and claims that loan modifications under a massive predatory settlement by the Bank of America Corp. subsidiary should enable to trusts to require Countrywide to repurchase modified loans at a price of the unpaid principal balance plus accrued interest. Greenwich Fin. Servs. Distressed Mortgage Fund 3 LLC v. Countrywide Financial Corp. Case No. 09-3660-cv 1-Dec-08 www.mortgagedaily.com/LitigationMbs051910.asp
Deutsche Atl-A Securities, Deutsche Bank Securities, DB Structured Products, Inc., Anilesh Ahuja, Richard W. Ferguson, Joseph J. Ricke, Richard d’Albert, Keven P. Burns Massachusetts Bricklayers and Masons Funds and the Pipefitters’ Retirement Fund Local 598, Individually and on behalf of all others similarly situated U.S. District Court for the Eastern District of New York n/a Defendants’ motion to dismiss was granted, with leave for plaintiffs’ to replead. The issue was whether plaintiffs have standing to bring claims. Courts require named plaintiffs to have actually purchased the same securities as the class they seek to represent. This case mentions City of Ann Arbor Employees’ Retirement System v. Citigroupe Mortgage Loan Trust Inc., as raising almost identical issues concerning plaintiffs’ standing. Massachusetts Bricklayers and Masons Fund and the Pipefitters’ Retirement Fund Local 598 v. Deutsche Alt-A et al. No. CV 08-3178 June 18, 2009 (Amended Complaint) www.mortgagedaily.com/LitigationMbs051910.asp
Deutsche Bank Securities Inc.; Deutsche Atl-A Securities, Inc.; DB Structured Products, Inc.; J.P. Morgan Securities, Inc., F/K/A Bear, Stearns & Co. Inc.; Structured Asset Mortgage Investments II. Inc.; The Bear Stearns Companies, LLC, F/K/A The Bear Stearns Companies, Inc.; Countrywide Securities Corporation; Credit Suisse Securities (USA) LLC, F/K/A Credit Suisse First Boston LLC; RBS Securities, Inc., F/K/A/ Greenwich Capital Markets Inc.; RBS Acceptance, Inc., F/K/A Greenwich Capital Acceptance, Inc.; RBS Holdings USA, Inc., F/K/A Greenwhich Capital Holdings, Inc.; Morgan Stanley & Co. Inc.; UBS Securities, LLC; Mortgage Asset Securitization Transactions, Inc.; Merryl Lynch, Pierce, Fenner & Smith, Inc.; and, Does 1-50 Federal Home Loan Bank of San Francisco San Francisco Superior Court n/a Plaintiff alleges that Defendants misled them about the credit quality and risks of loans behind 1.9 billion in private-label residential mortgage-backed securities by making false statements or omitting imporant information about the loans. Federal Home Loan Bank of San Francisco v. Deutsche Bank, Case No. 10-497839 15-Mar-10 www.mortgagedaily.com/LitigationMbs051910.asp
Deutsche Bank; DBSI na U.S. District Court for the Eastern District of New York n/a Defendants’ motion to dismiss complaint was denied in part. The case is tied to Deutsche’s issuance and underwriting of mortgage-backed securities. n/a n/a n/a www.mortgagedaily.com/LitigationMbs051910.asp
Goldman, Sachs & Company and Fabrice Tourre Securities and Exchange Commission U.S. District Court for the Southern District of New York $850,000,000 The SEC’s complaint alleges that Goldman Sachs structured and marketed a synthetic collateralized debt obligtion that hinged on the performance of subprime residential mortgaged-backed securities, yet failed to disclose to investors vital information about the CDO, for example, that the hedge fund in fact had taken a short position against the same CDO it structured and marketed. The case ultimately settled with Goldman agreeing to pay $550 million for civil fraud and $300 million in fines. Securities and Exchange Commission v. Goldman Sachs & Co. and Fabrice Tourre 10-CV-3229 16-Apr-10 www.mortgagedaily.com/LitigationMbs051910.aspwww.mortgagedaily.com/SecVsGoldmanSachsVideo041610.asp
Moody’s Investors Services California Attorney General Edmund G. Brown Jr. n/a n/a California AG Edmund G. Brown announced legal action against Defendant as a result of Defendant ignoring a subpoena issued in September 2009 to investigate why Defendant gave its highest ratings to “risky and toxic” MBS. n/a n/a n/a www.mortgagedaily.com/LitigationMbs051910.asp
Moody’s Investors Services , Fitch Ratings and Standard and Poor’s Rating Services Ronald Grassi and Sally Grassi California Eastern District Court n/a The court dismissed Plaintiffs’ lawsuit claiming Defendants were negligent in rating Lehman bonds to curry favor with Lehman, which filed bankruptcy in September. The judge ruled that the case can be re-filed with more details in 30 days. Grassi, et al. v. Moody’s Investors Services et al. Case No. 2:2009cv00543 24-Feb-09 www.mortgagedaily.com/LitigationMbs051910.asp
Morgan Keegan & Company, Inc., Morgan Asset Management, Inc., James C. Kelsoe, Jr., and Joseph Thompson Weller, CPA Securities and Exchange Commission n/a n/a The SEC announced administrative proceedings against Defendants accused of fraudulently overstating the value of securities backed by subprime mortgages. The firm alleged failed to employ reasonable procedures to internally price the portfolio securities in five funds managed by Morgan Asset, leading to inflated prices for net asset values. In re the Matter of Morgan Asset Management, Inc. et al. n/a 7-Apr-10 www.mortgagedaily.com/LitigationMbs051910.asp
Residential Capital, LLC, Residential Funding, LLC, Residential Accredited Loans, Inc., Bruce J. Paradis, Kenneth M. Duncan, Davee L. Olsen, Ralph T. Flees, Lisa R. Lundsten, James G. Jones, David M. Bricker, James N. Young, Residential Funding Securities Corp. d/b/a CMAC RFC Securities, Goldman, Sachs & Co., RBS Securities, Inc., d/b/a RBS Greenwhich Capital, Deutsche Bank Securities, Inc. Citigroup Gobal Markets, Inc., Credit Suisse Securities (USA) LLC, Bank of America Corp., as successor-in-interest to Merril Lynch, Pierce, Fenner & Smith, Inc., UBS Securities, LLC, JP Morgan Chase, Inc. as successor-in-interest to Bear Stearns & Co., Inc., and Morgan Stanley & Co., Inc. New Jersey Carpenters Health Fund, New Jersey Carpenders Vacation Fund and Boilermaker Blacksmith National Pension Trust, on Behalf of Themselves and All Others Similarly Situated U.S. District Court for the Southern District of New York n/a Plaintiffs claimed violations of the Securities Act of 1933 for alleged omission and misstatement in publicly-filed registration statements and prospectuses of mortgage-backed securities. Plaintiffs’ claims were related to offerings they did not purchase and were dismissed for lack of standing with leave to re-plead. Claims related to the alleged disregard of underwriting guidelines may proceed. New Jersey Health Fund v. Residential Capital, LLC Case No. 08-cv-8781 www.mortgagedaily.com/LitigationMbs051910.asp
The Charles Schwab Corporation, Charles Schwab & Co. Inc., Charles Schwab Investment Management, Inc., Charles R. Schwab, Evelyn Dilsaver, Randall W. Merk and George Pereira Mike Labins, on Behalf of Himself and all Other Similarly Situated U.S. District court-Northern District of California $235,000,000 Defendants agreed to settle all claims tied to its Schwab YieldPlus Fund, an “ultra-short bond fund” that invested in fixed-income instruments including asset-backed securities, mortgage-backed securities and corporate bonds. Defendants were accused of violation of the Securities Act of 1933. Mike Labins, et al. v. The Charles Schwab Corporation, et al. 08-CV-01510 18-Mar-08 www.mortgagedaily.com/LitigationMbs051910.asp
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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