Archive for May, 2011
A New York appellate court agreed to let MBIA (MBI: 12.04 +0.33%) go forward with a case in which the bond insurer claims Morgan Stanley (MS: 18.05 -0.55%) fraudulently represented the quality of residential mortgage-backed securities, causing MBIA to end up on the hook for those assets when the housing market collapsed.
The bond insurer claims Morgan Stanley misrepresented the quality of the mortgages that the firm ended up insuring as part of an RMBS securitization. In court records, MBIA accuses Morgan Stanley of misrepresenting the quality of the underlying mortgages by providing the insurer with false or incomplete information on loan tapes and schedules.
MBIA initially filed suit, accusing Morgan Stanley of fraudulent inducement and breach of contract. The bond insurer also claimed Saxon, the servicer involved in the deals, violated terms of the servicing agreement and was unjustly enriched.
Morgan Stanley asked the Supreme Court of the State of New York County of Westchester to throw out claims against the bank on the grounds that MBIA did not put forth a proper fraud claim. Morgan Stanley also claimed the factual allegations failed to show the defendants acted with evil motive or wanton disregard.
The Supreme Court of the State of New York County of Westchester held that MBIA's claim against Morgan Stanley will go forward, so a trial court can work through the facts of the case. Morgan Stanley declined to comment on the decision Friday.
"We are pleased that the court has allowed our fraud and contract claims to move forward against Morgan Stanley," MBIA said in a statement. "The decision continues and reinforces the string of favorable rulings in our RMBS litigations against Bank of America (BAC: 7.215 -1.16%), Countrywide, Credit Suisse (CS: 26.60 -0.41%), GMAC Mortgage and Residential Funding Co."
Write to Kerri Panchuk.
A federal judge in Oregon delivered a potential setback to the mortgage industry’s electronic lien-registry system in a ruling issued Wednesday.
Oregon allows lenders to foreclose without going to court, but the state requires banks to record the ownership history of the mortgage with local county governments in those non-judicial foreclosures. The Mortgage Electronic Registration Systems, or MERS, was created by the mortgage industry in the 1990s to facilitate the recording of mortgages that were being bundled and resold as securities.
Religious leaders from around the state rallied at the Florida capitol Thursday morning calling on Attorney General Pam Bondi to drop her opposition to a portion of a 50-state settlement with five mortgage lenders that have been accused of mishandling loan and mortgage documents.
Fifty state attorneys general have been negotiating a settlement with five lenders, but Bondi is one of seven members of the group who opposes a key negotiating point — cutting the mortgage principal for qualified homeowners.












