Investors expand challenge to BofA, BNY Mellon mortgage settlement

The Knights of Columbus, a fraternal group of Catholics, expanded its lawsuit against the Bank of New York Mellon (BK) Tuesday, further challenging a recent settlement with Bank of America (BAC). In June, BofA agreed to pay $8.5 billion to investors in residential mortgage-backed securities issued by Countrywide Financial Corp. The trustee on these securities was BNY Mellon. The Knights initially requested information from BNY Mellon and BofA regarding losses on the securities and any possible misconduct. Instead of providing the information, BNY Mellon settled the claims allegedly without consulting the group then sought to persuade the Knights to accept the offer. Other investors pushed their own lawsuits forward on the RMBS issued by Countrywide, and the New York Attorney General intervened in the settlement and alleged it ignored the interests of investors. The Knights suit now includes claims of breach of contract, breach of fiduciary duty, negligence, recklessness and unfair trade practices. Talcott Franklin, outside counsel for the Knights, said there is new evidence of mismanaged foreclosures, indicating BNY Mellon did not properly hand the trust assets. “As a trustee, the Bank of New York Mellon must treat all beneficiaries fairly, be forthright in its communications, and perform its duties as required,” Franklin said. BofA declined to comment. BNY Mellon sent a statement to HousingWire late Tuesday. “We are confident we have fulfilled our responsibilities as trustee,” a BNY Mellon spokesman said. “The suit is without merit and we defend ourselves in court.” Write to Jon Prior. Follow him on Twitter @JonAPrior

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