Category Archives: banks

Top Five Reasons that MBS Lawsuits Are Just Beginning

After a few quiet months in the world of mortgage crisis litigation, we have seen a flurry of activity over the last six weeks that should put to rest speculation that mortgage derivative lawsuits are winding down.  To recap these … Continue reading →

Posted in AIG, allocation of loss, Allstate, Ambac, bailout, banks, BofA, bondholder actions, broader credit crisis, CDOs, CDSs, Complaints, contract rights, Countrywide, Deutsche Bank, discovery, emc, Federal Reserve, Goldman Sachs, incentives, investigations, investors, irresponsible lending, lawsuits, lenders, liabilities, litigation, loss estimates, MBIA, MBS, misrespresentation, monoline actions, mortgage fraud, mortgage insurers, negligence and recklessness, pooling agreements, private label MBS, putbacks, quinn emanuel, rep and warranty, repurchase, SEC, securities, securities fraud, securitization, settlements, sole remedy, statistical sampling, subprime, Uncategorized, waiver of rights to sue, Wall St. | 23 Comments

Pfaelzer Dismissal of Bank of America from Countrywide Suit Throws Investors for a Loop

Is Bank of America on the hook for Countrywide’s liabilities for defective loans?  Depends on which judge you ask. With the recent decision by Judge Mariana Pfaelzer to dismiss BofA as a defendant in the case of Maine State Retirement … Continue reading →

Posted in acquisitions, allocation of loss, appeals, balance sheets, banks, BofA, Countrywide, investors, jurisdiction, lawsuits, lenders, liabilities, liquidity, litigation, MBIA, merger, monoline actions, motions to dismiss, private label MBS, responsibility, securities fraud, subprime, successor liability, vicarious liability | Tagged , , , , , | 6 Comments

Bondholders Considering Plan to Tell Servicers: “You’re Fired!”

With lawsuits against servicers grinding a slow path through the court system, investors are looking to make an end-run around the intransigent banks who are refusing to service mortgages in accordance with bondholder wishes. Their solution to break through the … Continue reading →

Posted in banks, CalPERS, fiduciary duties, Investor Syndicate, investors, loan modifications, pooling agreements, securities, securitization, servicers, short-selling, toxic assets, Treasury, Trustees | 2 Comments

Wikipedia Loan Modification Page Offers Concise Look at History and Current Programs, Ignores Government Failures

I get frequent questions about loan modifications and resources for learning more about available programs. Those interested in learning more about this subject at the heart of the current financial crisis should start with the Wikipedia page entitled “Loan Modification … Continue reading →

Posted in banks, Helping Families Save Homes, HOLC, Hope For Homeowners, incentives, loan modifications, Michael Barr, reflexive tactics, securitization, Takings Clause, TARP, Wikipedia | Leave a comment

U.S. Regulators Chastise Banks on Loan Modifications; Political Tide May Be Turning on Home Loan Servicers

Servicers of home loans have thus far enjoyed preferential treatment by regulators in the shakeout from the recent financial crisis, but that may all be changing. On August 13, U.S regulators issued a joint statement to residential mortgage servicers warning … Continue reading →

Posted in banks, Barney Frank (D-MA), Christopher Dodd (D-CT), conflicts of interest, Federal Reserve, Helping Families Save Homes, junior liens, loan modifications, regulation, Treasury | 5 Comments

Investors Cry Foul at BofA Settlement of Countrywide Suits. Why the Resistance?

Not everyone is pleased with Bank of America’s record-setting $8.68 billion settlement of lawsuits against Countrywide by attorneys general across the country (see previous post here). Under the agreement, BofA, which acquired Countrywide in July of this year, agreed to … Continue reading →

Posted in Alt-A, Attorneys General, Aurora Loan Servicing, banks, BofA, Countrywide, investors, lawsuits, Lehman Brothers, lenders, repurchase, underwriting practices | 1 Comment

Focus of New Regulation Should Be On Securitization

The election of Barack Obama as the presumptive 44th President of the United States promises to usher in an era of increased regulation of the financial markets pursuant to Obama’s platform of economic reform. So far, many commentaries on the … Continue reading →

Posted in accounting, Alt-A, banks, Barack Obama, broader credit crisis, causes of the crisis, lenders, mortgage market, regulation, securities, securitization, subprime | Leave a comment

Clinton Breaks Down the Credit Crisis

I happened to catch Bill Clinton on the Late Show with David Letterman earlier this month and was surprised at how much substance was contained in the interview. I encourage you to read the full text of Clinton’s explanation of … Continue reading →

Posted in banks, Bill Clinton, causes of the crisis, cheap money, Fannie Mae, Federal Reserve, Freddie Mac, incentives, interest rates, legislation, lenders, liquidity, overinvestment, subprime | Leave a comment

Wikipedia Subprime Timeline a Comprehensive (and Opinionated) Resource

I just discovered the Wikipedia Subprime Crisis Impact Timeline that provides a great resource to those trying to understand what this crisis is and how we got here. The timeline spans 40 years from 1968 to the present, including the … Continue reading →

Posted in bailout, banks, Ben Bernanke, causes of the crisis, Fannie Mae, Federal Reserve, Freddie Mac, Hank Paulson, legislation, regulation, securitization, subprime, takeover, timeline, Treasury, Wikipedia | Leave a comment

BofA Settles Countrywide Suits with State Attorneys General for $8.68 billion. Deal Said to Provide Homeowners with More Relief than Federal Bailout

On October 6, California Attorney General Jerry Brown (pictured at left) announced that Bank of America, parent of Countrywide Financial Corp., had agreed to pay $8.68 billion to modify the home loans of over 400,000 homeowners in a negotiated settlement … Continue reading →

Posted in Attorneys General, bailout, banks, BofA, borrower fraud, Countrywide, Government bailout, homeowner relief, Jerry Brown, lawsuits, legislation, liquidity, predatory lending, stability | 4 Comments