Wednesday, December 29, 2010

Allstate Sues Bank of America - Its Not Our Fault Litigation

From the "It Couldn't Be Our Fault" files, we have a new entry.  Now, I am not saying that the loans were good and did not pose risks, but come on, you honestly didn't know there could be problems?  I remember hearing terms like "liar loans" and other terms of affection during that period.  Basically, no one expected HPD or home price depreciation.  It was the "prices go up always" mentality.   Makes me wonder what type of analysis was done.  There were no stats on the loans?  That I am aware, they broke down the pools and you could see the LTVs, FICOs etc.  


Mine is not a popular view, admittedly.  I realize that suing issuers is all the rage as some of the biggest names have done it, but do the investors have no liability here?  I was an institutional investor for 15+ years, and I would not pursue litigation if the error was mine.  If it were fraud and we had no information on it or could not have picked it up through our analysis (which was thorough and involved more than a cursory rating review) then it was go time (an example was the split up of Tyco).  If you didn't do your homework, take your lumps.



(Reuters) - Allstate Corp has sued Bank of America Corp, its Countrywide lending unit and 17 other defendants for allegedly misrepresenting the risks on more than $700 million of mortgage securities it bought from Countrywide.
Allstate, the largest publicly traded U.S. home and auto insurer, alleged it suffered "significant losses" after Countrywide misled it into believing the securities were safe, and the quality of home loans backing them was high.
The lawsuit also names several former Countrywide officials as defendants, including longtime Chief Executive Angelo Mozilo. Countrywide was the largest U.S. mortgage lender before Bank of America bought it in July 2008.
Allstate said that starting in 2003, Countrywide quietly decided to boost market share and ignore its own underwriting standards by approving any mortgage product that a competitor was willing to offer, in a "proverbial race to the bottom."
Countrywide then passed on the added risks to investors who bought debt backed by the mortgages, Allstate said.

1 comment:

  1. I agree; I would not pursue litigation if the error was mine either. Actually, your blog is putting things in a new perspective for me.
    Please keep posting daily, I am definitely going to recommend this blog to other interested co-workers and friends.

    ReplyDelete

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A student of the markets that has held portfolio management, analysis and trading positions for over 15 years.