Securities Law › Residential Real Estate › Civil Remedies

Missouri Court Rules Against $440,000 Cyberheist Victim

A Missouri court last week handed a legal defeat to a local escrow firm that sued its financial institution to recover $440,000 stolen in a 2009 cyberheist. The court ruled that the company assumed greater responsibility for...more

Impac Settles RMBS Suit Brought by Citigroup for $3.1 Million

On January 24, Impac Funding Corp. settled a lawsuit brought by Citigroup Global Markets Inc. alleging violations of Sections 18 and 20 of the Securities Exchange Act and negligent misrepresentation based on alleged...more

IKB Files Suit Against Morgan Stanley Over $147M in RMBS

On November 16, German lender IKB Deutsche Industriebank AG sued Morgan Stanley and related entities in the Supreme Court for the State of New York for $147 million in connection with the sale of RMBS....more

Goldman Sachs Asks Supreme Court to Address RMBS Class Standing

On October 29, 2012, Goldman Sachs filed a petition for a writ of certiorari to the United States Supreme Court to review the recent Second Circuit Court of Appeals decision on RMBS class standing....more

ACLU Fair Lending Case Against Mortgage Securitizer Highlights New Fair Lending Litigation Risk; Fair Lending Litigation Against...

On October 15, the ACLU filed a putative class action suit on behalf of a group of private citizens against a financial institution alleged to have financed and purchased subprime mortgage loans to be included in mortgage...more

Suit Brought Against Deutsche Bank Over $183 Million in Securitized Mortgage Loans

On September 27, HSBC Bank USA, National Association, in its capacity as trustee of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE4, filed a summons with notice of claims against Deutsche Bank Structured...more

Prudential Files RMBS Lawsuits Against Goldman Sachs and RBS

On August 21, 2012, several Prudential entities sued several RBS entities in New Jersey State court seeking to recover damages allegedly suffered in connection with over $343 million in RMBS. Prudential also sued several...more

Irish Fund Sues Deutsche Bank Over $960 Million in RMBS

On June 22, 2012, Sealink Funding Limited filed suit in New York State Court in Manhattan against Deutsche Bank and several of its units related to its alleged purchase of $960 million face amount of RMBS in 19 offerings in...more

RMBS Trust Files $293 Million Suit Against EMC Mortgage and JPMC

On May 25, 2012, the securitization trust of two RMBS sold in 2006 by EMC Mortgage LLC filed a summons with notice in New York State Supreme Court. The action seeks specific performance, compensatory damages in the amount of...more

RMBS Investors File $250 Million Derivative Suit Against HSBC

On March 28, 2012, investors in Ace Securities Corp. Home Equity Loan Trust, Series 2006-SL2 commenced a derivative lawsuit, purportedly on behalf of the Trust, against HSBC Bank, as trustee, and DB Structured Products, Inc.,...more

Ambac Sues JP Morgan Over Insurance of Bear Stearns RMBS

On March 30, 2012, Ambac Assurance Corp. brought claims against J.P. Morgan Chase, EMC Mortgage, and Bear Stearns in the Supreme Court of the State of New York, alleging fraudulent marketing of RMBS by Bear Stearns. Ambac...more

Dexia Sues Merrill Lynch Over $527 Million in RMBS

On March 29, 2012, Dexia filed suit against Merrill Lynch & Co. and related entities in the Supreme Court of the State of New York in connection with $527 million in RMBS it allegedly purchased in fifteen offerings in 2006...more

Landesbank Baden-Wuttenberg Files $455 Million RMBS Suit Against Countrywide

On March 29, 2012, German bank Landesbank Baden-Wurttemberg (“LBW”) filed a suit against Countrywide Financial Corp. and related entities in the Supreme Court of the State of New York alleging that Countrywide misrepresented...more

POSEIDON FUNDING LTD.; HSH NORDBANK SECURITIES S.A., & CARRERA CAPITAL FINANCE LIMITED vs. BARCLAYS BANK PLC; BARCLAYS CAPITAL INC.; SUTTON FUNDING LLC & SECURITIZED ASSET BACKED RECEIVABLES LLC

HSH Nordbank Securities S.A. v Barclays Bank PLC. Complaint

The payee, lender and secured parties were acting as sham entities even when they were otherwise real entities, like Wells Fargo. The banks had to make some OTHER connection between the so-called pools that were in...more

Deutsche Bank Settles RMBS Claims for $32.5 Million

On March 26, 2012, lead plaintiffs in a putative RMBS class-action lawsuit against affiliates of Deutsche Bank AG sought approval of a $32.5 million settlement. The action arose out of alleged misrepresentations Deutsche Bank...more

GALENA STREET FUND, L.P. v. WELLS FARGO BANK, N.A.,

INVESTOR COMPLAINT AGAINST WELLS FARGO BANK, N.A.

Plaintiff is an investor in certain residential mortgage-backed securities. Plaintiff brings this action against Wells Fargo for breach of fiduciary duty, breach of contract, breach of the duty of good faith and fair dealing,...more

Orrick's Financial Industry Week in Review - March 19, 2012

In This Issue: Financial Industry Developments · Attorneys General Complaint on Mortgage Practices · Fed Results of Stress Tests · Fed Methodology for Stress Tests · FHFA Rule on Private Transfer...more

BayernLB Sues Morgan Stanley Over RMBS

On January 25, 2012, Bayerische Landesbank filed a complaint in New York state court against several Morgan Stanley entities seeking to recover for losses allegedly incurred in connection with certificates in 22 RMBS...more

Mortgage Crisis Commission: Tragedy or Farce?

Here we go again! A commission. The politician's way of seeming to do something, though really doing nothing, all the while defusing criticism and dispersing risk. Three years late and stunted politically at its very...more

John Hancock Sues JP Morgan Over RMBS

On January 20, 2012, John Hancock Life Insurance Co. filed a complaint in New York state court against JPMorgan Chase & Co. and several related entities and individuals seeking to recover for losses allegedly incurred on...more

Sealink Funding Sues Morgan Stanley for RMBS Losses

On January 20, 2012, Sealink Funding Ltd. filed a complaint in New York state court against several Morgan Stanley entities in connection with certificates in 11 RMBS offerings allegedly purchased by Sealink during 2006 and...more

Dexia Sues JPMorgan for RMBS Losses

On January 19, 2012, Dexia SA/NV and related entities filed a complaint in New York state court against JPMorgan Chase & Co. and several related entities in connection with certificates in 53 RMBS offerings that Dexia...more

M&T Bank Corp Settles CDO Suit Against Deutsche Bank for $55 Million

In a January 17, 2012 press release and 8-K reporting its financial results for the fourth quarter, M&T Bank Corp announced the settlement of a 2008 lawsuit against Deutsche Bank Securities and other entities. The suit, filed...more

Whistleblowers and Bounty Hunters

Section 924(d) of the Dodd-Frank Act (Dodd-Frank) directs the Security and Exchange Commission (Commission) to establish a separate office within the Commission to administer and to enforce the Section 21F provisions of the...more

Court Order Permits Discovery Regarding BofA $8.5 Billion RMBS Settlement

Investors that are considering objecting to the proposed $8.5 billion Bank of America (BofA) residential mortgage-backed securitization (RMBS) settlement may now do so by filing -- no later than August 30th -- a short form...more