Category Archives: litigation

Senate to Consider Bill That Threatens to Obliterate Mortgage Bondholders’ Contract Rights

On March 5, 2009, the U.S. House of Representatives passed H.R. 1106, also known as the “Helping Families Save Their Homes Act of 2009,” which threatens to override the contract rights of bondholders who invested in mortgage-backed securities (MBS). A … Continue reading →

Posted in allocation of loss, bankruptcy, bankruptcy cramdown, Countrywide, Greenwich Financial Services, Helping Families Save Homes, legislation, litigation, loan modifications, Servicer Safe Harbor | 1 Comment

New Class Action Targets Former AIG CEO Cassano

Courthouse News Service reports that a new shareholders derivative complaint has been filed in the Chancery Court in Delaware against former American International Group Financial Products (AIG-FG) CEO and president Joseph Cassano for allegedly driving AIG to ruin by losing … Continue reading →

Posted in AIG, causes of the crisis, class actions, derivative lawsuits, incentives, litigation, loss causation, public perceptions, shareholder lawsuits, subprime | Leave a comment

Navigant Publishes Press Release on Subprime Litigation Study

Navigant Consulting has put out a press release with respect to its latest study, entitled Third Quarter 2008 Update: Breaking New Ground, which details the unprecedented rise in subprime mortgage-related litigation. Besides the eye-popping statistics showing the exponential rise in … Continue reading →

Posted in broader credit crisis, impact of the crisis, lawsuits, litigation, Navigant Consulting, recession, subprime | Leave a comment

Countrywide Attorney Sends Letter to Greenwich Financial’s Counsel Urging Hedge Fund to Withdraw Lawsuit

In a peculiar turn of events, Countrywide Financial has attempted to address the recently-filed lawsuit against it by Greenwich Financial Services with an age-old strategy of conflict resolution: just ask nicely. As reported by Reuters, Countrywide attorney John Beisner, from … Continue reading →

Posted in Attorneys General, BofA, class actions, Countrywide, Greenwich Financial Services, hedge funds, lawsuits, litigation, loan modifications, motions to dismiss, press, repurchase, settlements, workouts | Leave a comment

Newest Navigant Study Released: Shows Unprecedented Volume of Credit Crisis Litigation

Navigant Consulting, Inc. (NCI), a global consulting firm that releases quarterly reports on subprime mortgage and related case filings in the federal courts, released their newest study today, and the results are staggering (see MSN Money article here). The report, … Continue reading →

Posted in broader credit crisis, causes of the crisis, class actions, investors, lawsuits, litigation, misrespresentation, Navigant Consulting, Savings and Loan crisis, securities, subprime | Leave a comment

Plaintiffs Survive Motions to Dismiss in Major Subprime Class Actions Against New Century and Countrywide

The American Lawyer has reported that two important rulings were handed down earlier this month in the United States District Court in Los Angeles denying motions to dismiss class actions against former mortgage behemoths Countrywide and New Century. The Countrywide … Continue reading →

Posted in bankruptcy, class actions, Countrywide, IndyMac, lawsuits, litigation, loss causation, mortgage fraud, motions to dismiss, New Century | Leave a comment

Under Countrywide Stipulated Judgment, Investors Must Be Consulted

After reviewing the Complaint filed by hedge fund Greenwich Financial Services against Countrywide and BofA and listening to the comments made last week by Greenwich CEO William Frey and his attorney regarding the case, I decided to take a closer … Continue reading →

Posted in Attorneys General, BofA, Countrywide, Greenwich Financial Services, hedge funds, investors, Jerry Brown, lawsuits, litigation, loan modifications, settlements, stipulated judgments, William Frey | Leave a comment

Details of Greenwich v. Countrywide Emerge

An article published on Monday in Business Week (available here) sheds some additional light on the lawsuit filed by Hedge Fund Greenwich Financial Services against Countrywide challenging its agreement to conduct large-scale loan modifications (previously discussed here, here, and here). … Continue reading →

Posted in BofA, contract rights, costs of the crisis, Countrywide, Greenwich Financial Services, lawsuits, litigation, loan modifications, Ocwen, securitization, stability, subprime, William Frey, workouts | 3 Comments

Greenwich v. Countrywide Complaint Now Available

Here is the Complaint brought by Grais & Ellsworth on behalf of hedge fund Greenwich Financial Services against Countrywide Financial Corp., Countrywide Home Loans, Inc. and Countrywide Home Loans Servicing LP (all now part of Bank of America) in the … Continue reading →

Posted in Attorneys General, BofA, Complaints, Countrywide, Greenwich Financial Services, lawsuits, lenders, litigation, loan modifications, repurchase, settlements, William Frey, workouts | Leave a comment

AMBAC Sues Bear Stearns Subsidiary For Shoddy Underwriting

Mortgage insurance company Ambac Assurance Corp. has become the latest plaintiff to bring a lawsuit against a mortgage originator for improper underwriting, suing Bear Stearns subsidiary EMC Mortgage Corp. in the United States District Court for the Southern District of … Continue reading →

Posted in Ambac, Bear Stearns, broader credit crisis, Complaints, lawsuits, litigation, misrespresentation, mortgage fraud, mortgage insurers, securitization, underwriting practices | Leave a comment