Skip to main content

Bank of America Foreign Exchange and Mortgage Practices Under Investigation

Philip R. Stein

On Tuesday, Bank of America disclosed in its annual report with the US Securities and Exchange Commission (SEC) that “government regulators” in North America, Europe and Asia are investigating its foreign exchange and mortgage practices and that the U.S. Department of Justice (DOJ) and state attorneys general are also investigating its handling of mortgage loans and residential mortgage-backed securities (RMBS). The filing stated that one U.S. Attorney’s office intended to recommend to the DOJ that it bring a civil suit against Bank of America affiliates for their securitization of RMBS’s. Separately, Bank of America revealed that the U.S. Attorney for the Eastern District of New York is investigating whether the banking institution complied with a Federal Housing Administration program that helps lenders meet the demand for FHA-insured mortgages.

Bank of America also revealed in the SEC filing that its litigation expenses rose to nearly $6.1 billion, up more than a billion dollars from previous estimates at the end of the third quarter.

This filing comes less than a month after a New York judge approved an $8.5 billion settlement reached in 2011 between Bank of America and institutional investors that resolved claims brought by holders of Countrywide Financial Corp. securities. The Bank of America investigation should come as no surprise. Eight banks and eleven entities have now disclosed that they are similarly being investigated by global regulators.

 

YOU MIGHT ALSO LIKE
Financial Services Watch Blog March 16, 2015
Bank of America recently moved to dismiss a lawsuit filed by Ambac Assurance Corp. in New York state court, alleging $600 million in damages for fraudulent inducement in connection with payments it made under policies insuring faulty residential mortgage-backed securities issued by Countrywide. In i...
New Miami Blog July 25, 2014
TREPP Analytics recently provided the U.S. commercial real estate industry some positive news – both the CMBS delinquency rate and seriously delinquent loans are down. The delinquency rate as of June 2014 is 6.05% (compared to 8.65% a year ago), with seriously delinquent down to 5.92% from 8.3...
Publication December 8, 2020
The economic havoc wreaked by COVID-19 may have the knock on effect of a wave of Commercial Mortgage-Backed Securities (CMBS) litigation, mirroring the deluge of Residential Mortgage-Backed Securities (RMBS) litigation following the 2008 financial crisis.
VIEW MORE