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Bank of America in $8.5B mortgage settlement

Tue Jun 28, 2011 7:18 PM EDT
us-news, business, us, of, america, mortgage, bank-of-america, buybacks
Chris Kahn, AP Energy Writer

FILE - In this Jan. 25, 2009 file photo, a Bank of America branch office is shown in New York. The Bank of America said Tuesday, June 29, 2011 it will pay $8.5 billion to settle with investors over housing crash claims. (AP Photo/Mark Lennihan, file)

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NEW YORK — Bank of America and its Countrywide unit will pay $8.5 billion to settle claims that the lenders sold poor-quality mortgage-backed securities that went sour when the housing market collapsed.

The deal, announced Wednesday, comes after a group of 22 investors demanded that the Charlotte, N.C. bank repurchase $47 billion in mortgages that its Countrywide unit sold to them in the form of bonds.

The group, which includes the Federal Reserve Bank of New York, Pimco Investment Management, and Blackrock Financial Management, argued that Countrywide enriched itself at the expense of investors by continuing to service bad loans while running up servicing fees.

Bank of America, which bought Countrywide in 2008 for $4 billion, has denied those claims.

Bank of America CEO Brian Moynihan said Wednesday that the settlement would minimize "future economic uncertainty" in the banking business and "clean up the mortgage issues largely stemming from our purchase of Countrywide."

For several months, Bank of America battled claims based on estimates "that were much different from ours," Moynihan said. But at this point, it made more sense to settle than to keep fighting, he said.

"We have said consistently if people are reasonable and can get to a reasonable assessment of their claims and it's in the best interest of shareholders, we will settle," Moynihan told Wall Street analysts in a conference call.

The settlement is subject to court approval and covers 530 trusts with original principal balance of $424 billion.

Citi analyst Keith Horowitz said the settlement, which amounts to only 2 percent of the original principal balance, removes one of the largest investor risks for Bank of America.

"We think this could prove to be a step forward" for Bank of America, Horowitz said. It would show investors that the bank can manage through crisis without raising additional capital.

As a result of the settlement, Bank of America put its second-quarter loss at $8.6 billion to $9.1 billion. Excluding the settlement and other charges, the bank expects to post a quarterly loss of $3.2 billion to $3.7 billion.

Shares of Bank of America Corp. jumped more than 4 percent, or 48 cents to $11.30 before the market opened, with investors happy that the bank can put very big uncertainty behind it.

Investors may now be more confident that they can get similar concessions from other major U.S. banks that created markets for mortgage-backed securities with questionable pedigrees.

Yet stocks in the financial sector were rising in electronic trading Wednesday, likely because the Bank of America deal presents a framework for others to follow.

© 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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  • Public Discussion (2)
mountainmike-1199289

That's the difference between blue collar crime and white collar crime. If you get mugged in the street and someone steals a hundred bucks from you, you expect law enforcement to intervene, catch the crook, give him his day in court, and if convicted he gets sent to prison. But somehow white collar criminals like Bank of America, Countrywide and Angelo Mozilo can rip people off through white collar crimes and if caught can expect only out of court settlements and SEC fines.

Angelo got an out of court settlement of $63 million after being charged with predatory lending in 11 states. JP Morgan just got an out of court settlement, SEC fine of $173 million for helping to start the recession with derivatives fraud. Goldman Sachs got a $550 million our of court settlement fine for derivatives fraud. No one even gets fired after these white collar crime charges are substantiated in court. The Wall Street elite billionaires that hire and fire CEOs couldn't care less if they are involved in white collar crime as long as they are making big profits. And that's the root cause of the problem. If anyone were ever to try to investigate or charge the billionaire elites of Wall Street, everyone involved in the investigation would be bribed with huge amounts of money and the investigation would go away.

This is why Matt Taibbi said that Wall Street continues to cheat - they have yet to be held fully accountable.

This whole recession thing doesn't make sense to me. The MugORS are about to go bankrupt so the have to be bailed out by their MugEES, their victims. Then after they are bailed out, they go right back to being MugORS. They were $crewing America with derivatives fraud, CDO's and credit default swaps previously and now they are $crewing America with speculation in oil and food that is causing nationwide inflation. Where is the point in time when MugORS get prison time??? That they are held fully accountable and have to #@&&#@ STOP.

  • 2 votes
Reply#1 - Wed Jun 29, 2011 3:36 AM EDT
LeZi

Beat me to the seed! I agree, my only difference was to point out that at least this is something! Its a sad state of affairs when what I would consider to be criminal activity goes on the back burner but at least this is something. With the 2+ year of no possible action through congress on this matter, it is at least something and if it can help some people to recoup at least some of their losses, it is "better than nothing"!

This whole recession thing makes sense when you put the element of greed into the mix with no effective regulation of any kind. With those two elements, it makes perfect sense.

  • 1 vote
#1.1 - Wed Jun 29, 2011 9:03 AM EDT
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