Mortgage

FDIC reaches $63M RMBS settlement with Morgan Stanley

Funds distributed between three different receiverships

The Federal Deposit Insurance Corporation, as receiver for three failed banks, announced a $62.95 million settlement with Morgan Stanley & Company resolving claims over residential mortgage-backed securities.

As a result, this resolves federal and state securities law claims based on misrepresentations in the offering documents for 14 RMBS purchased by the three failed banks.

Under the agreement, the settlement funds will be distributed among the receiverships for the three failed banks:

  • Colonial Bank of Montgomery, Alabama, which failed on Aug. 14, 2009
  • Security Savings Bank of Henderson, Nevada, which failed on Feb. 27, 2009
  • United Western Bank of Denver, Colorado, which failed on Jan. 21, 2011.

This brings total RMBS claim settlements by the FDIC with Morgan Stanley to $86.95 million since it includes a $24 million from a settlement last year related to RMBS claims with Franklin Bank, of Houston, Texas, which failed on Nov. 7, 2008.

Since the FDIC may sue professionals and entities whose conduct resulted in losses to those institutions, it filed four lawsuits from February 2012 to January 2014 against Morgan Stanley and other defendants for violations of federal and state securities laws in connection with the sale of RMBS to the three failed banks.

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