Thursday, January 27, 2011

Bank of America Corp's Countrywide mortgage unit is being sued for Fraud!

Investors claiming they were victimized by Bank of America's Countrywide in a "massive fraud" when they bought mortgage-backed securities.

12 companies in New York, including New York Life Insurance Co and Dexia Holdings Inc, filed a lawsuit on Monday, January 23, against Bank of America and Countrywide for fraud (The case is Dexia Holdings Inc et al v. Countrywide Financial Corp et al, New York State Supreme Court, New York County, No. 650185/2011.) The plaintiffs are claiming that the millions of dollars that they had invested in what they were told was safe and performing investments were actually junk. To make matters worse, the lawuit alleges that Countrywide devalued the investment even more by failing to follow its own underwriting rules.

Reuters reports that "According to the complaint, the investors bought hundreds of millions of dollars of Countrywide securities from 2005 to 2007 that they thought were "conservative, low-risk investments." However, most of the securities now carry "junk" credit ratings rather than the "triple-A" ratings they once had, resulting in "significant losses."
As a result, the plaintiffs want compensatory and punitive damages. The lawsuit alleges Countrywide "was an enterprise driven by only one purpose - to originate and securitize as many mortgage loans as possible into (mortgage-backed securities) to generate profits for the Countrywide defendants, without regard to the investors that relied on the critical, false information provided to them."

This claim of fraud is not new to Countrywide. Countrywide's Chief Executive Angelo Mozilo's attorney, David Siegel, said the lawsuit has no basis in law or fact. Of course, with Countrywide's recent losses in the courtroom lately, the investors may have a case. Remember, in October, Mozilo and Countrywide agreed to a $67.5 million settlement of a U.S. Securities and Exchange Commission civil fraud lawsuit accusing him of misleading investors.
Also, the insurer Allstate Corp sued Bank of America last month over the alleged misrepresentation of risks on more than $700 million of mortgage debt it bought from Countrywide.

http://ping.fm/35Fxl

Coupled with the recent announcement that Bank of America lost $1.6 billion in the 4th quarter of 2010, this has definitely been a bad week for the mortgage giant, and doesn't look to get any better anytime soon.

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