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B of A on the Offense

By
Managing Real Estate Broker with Keller Williams Realty BRE 01866548

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Bank of America has gone on the offense,

rejecting claims by a lawyer for several large investors that it should buy back troubled mortgages because the loans were improperly made. 

Several investors, including the Federal Reserve Bank of New York and Pimco are pressing Bank of America to buy back a portion of some $47 billion worth of mortgages. Bank of America argued that the effort would have the effect of speeding up the foreclosure process and force it to evict more homeowners.  As the foreclosure crisis has escalated, the investors’ claims have become a major concern on Wall Street.   Bank of America claimed the problems stemmed from the economic downturn rather than any underlying problem with how the mortgages were sold to investors.

B of A called the investor claims “utterly baseless.”

Signaling a much more aggressive legal stance, the bank also criticized the lawyer behind the effort, Kathy D. Patrick. It argued that a letter she wrote last month that was signed by clients was “written for an improper purpose, or in furtherance of an ulterior agenda.” Ms. Patrick did not immediately respond to calls seeking comment. “I don’t think we should be put in a position where we aren’t trying to help homeowners through this strife because people want us to foreclose faster,” said Brian T. Moynihan, Bank of America’s chief executive.  Mr. Moynihan also said he was caught off guard by the decision of the Federal Reserve and Freddie Mac, the government-controlled giant, as well as private investors to sign the letter.

Some observers of the ongoing controversy are predicting that B of A will untimately have to answer the charges and sholder some responsibility as the claims suggest.

For more information on this controversy as well as other foreclosure news, click here.  Michael Sebastian Homes is a premier So. Cal resource for short sale and foreclosure information and assistance. 

Michael Sebastian Homes

Show All Comments Sort:
Vickie Nagy
Coldwell Banker Residential Real Estate - Palm Springs, CA
Vickie Jean the Palm Springs Condo Queen

I too think their claim sounds baseless. It will be interesting to see how this plays out.

Nov 06, 2010 06:18 AM
Cathy McAlister
Cathy Ashley McAlister, GRI CDPE - Broker / Sacramento - Sacramento, CA
Sacramento DRE#00648507

This is the flip side of larger lender problems.  After spending the last five years dealing with bad loans from the borrower's side; now, they are dealing with investors who believe they were sold defective mortgages.  The investors claim the loans were known to be defective prior to delivery to the investor.  With everything that has come to light about Countrywide's behavior and BofA's subsequent acquisition, it would seem that BofA should be concerned.  I have read that one of the many reasons the large banks are reluctant to lend, is to shore up reserves for future investor lawsuits.  

Nov 06, 2010 06:31 AM
Ronald S. Accornero
OC Signature Properties - Villa Park, CA

Good Blog! I am glad I took my money out of BofA. 

Nov 06, 2010 11:52 AM
Michael Sebastian Group
Keller Williams Realty - Orange, CA
PROFESSIONAL SERVICE, EXCEPTIONAL RESULTS

Vicky: With the acquisition of Countrywide, BofA has the most exposure of the big 4 for toxic loans..interesting?, yes..dangerous for BofA?, absolutely.

Cathy:  Interesting thought as to why banks are reluctant to lend..you might be on to something..

Ron:  I've talked to many, many people who feel the same way as you.  Also, many agents who won't show a short sale if BofA is the lienholder..

Nov 06, 2010 12:24 PM