Notebook on MBS Litigation

The Securities and Exchange Commission could be going to school on private litigation being brought against MBS issuers.

In a recent article from the April 2011 issue of  Mortgage Banking Magazine, Perkins Coie attorneys Pravin Rao and Suleen Lee discuss recent MBS litigation trends and related SEC enforcement priorities.  The article discusses how mortgage-backed securities have become a significant priority for the Securities and Exchange Commission's (SEC) investigative resources.  It also describes what might constitute a potential SEC action against banks, and suggests proactive measures banks should take to ensure they do not become ensnared by regulatory or private litigants.

Read "Notebook on MBS Litigation" article from Mortgage Banking Magaznine.

 

 

Investor Lawsuits Over MBS Loan Quality Continue to Mount

Litigation by investors regarding the quality of loans in Mortgage Backed Securities continue to pile up.  In an April 4, 2011 complaint filed in the U.S. District Court for the Southern District of New York, Union Central Life Insurance Co. alleged that Credit Suisse Securities (USA) LLC and affiliated entities made false statements and omitted information about the quality of loans included in its MBS pools.  According to a Law360 article, the suit claims that  Credit Suisse First Boston Mortgage Securities Corp. and certain of its directors ignored consultants who found that 37% of the loans in the pools failed to conform to stated loan underwriting guidelines.  According to the Complaint, the lenders originating the underlying mortgages regularly granted exceptions to loan guidelines; pressed appraisers to inflate home values; and failed to verify borrowers' income and monitor loan officer activity.  The suit advances claims of fraud, negligent misrepresentation, unjust enrichment and purported violations of securities law.

The Union Central Life Insurance  case is yet another example of continued litigation surrounding subprime lending.  While the first wave of litigation primarily concerned consumer claims, more recent litigation brought by MBS investors have attacked the institutions who underwrote the securitized vehicles. 



 

SEC, Federal Indictment Accuse Former Taylor Bean & Whitaker Exec of Fraud

June 16, 2010.  The former chief executive of Taylor Bean & Whitaker has been indicted with orchestrating a massive equity and MBS fraud scheme tied to TBW's borrowings from Colonial Bank, a depository it tried to take control of last summer using TARP money.   The indictment alleges that Lee Bentley Farkas and co-conspirators "tried to steal $553 million" through the TARP program. According to court documents, Farkas also personally misappropriated more than $20 million from TWB and Colonial Bank. 

Read more: Orlando Business Journal

The Securities and Exchange Commission filed a related case against Farkas alleging that he sold more than $1.5 billion in fabricated or impaired mortgage loans and securities to Colonial Bank. The SEC’s complaint charges Farkas with violations of the antifraud, reporting, books and records and internal controls provisions of federal securities laws.

According the SEC's statement, through Taylor Bean & Whitaker Mortgage Corp. Farkas sold more than $1.5 billion worth of fabricated or impaired mortgage loans and securities to Colonial Bank.

Those loans and securities were falsely reported to the investing public as high-quality, liquid assets.  Farkas also was responsible for a bogus equity investment that caused Colonial Bank to misrepresent that it had satisfied a prerequisite necessary to qualify for TARP funds. When Colonial Bank's parent company — Colonial BancGroup, Inc. — issued a press release announcing it had obtained preliminary approval to receive $550 million in TARP funds, its stock price jumped 54 percent in the remaining two hours of trading, representing its largest one-day price increase since 1983.

 Read more:  Businessweek.com (Former Taylor Bean Chief Farkas Charged With Fraud)

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