United States Takes Legal Action Against RBS, HSBC And Barclays Over Mortgage Securities

Gerkin

First Posted: 03/09/11 11:02 BST Updated: 02/11/11 10:12 GMT   PA

PRESS ASSOCIATION -- The US government has begun legal action against 17 financial firms, including the country's largest banks, for selling billions worth of mortgage-backed securities that turned toxic when the housing market collapsed.

Among those targeted by the lawsuits were Bank of America, Citigroup, JP Morgan Chase, and Goldman Sachs Group. Large European banks including The Royal Bank of Scotland, Barclays Bank and Credit Suisse were also sued.

The lawsuits were filed by the Federal Housing Finance Agency which oversees Fannie Mae and Freddie Mac, the two agencies that buy mortgage loans and securities issued by the lenders.

The total price tag for the mortgage-backed securities sold to Fannie and Freddie by the firms named in the lawsuits were 196 billion dollars (£121bn).

The government did not say how much it was seeking in damages, but wants to have the securities sales cancelled and wants to be compensated for lost principal and interest payments, as well as legal fees.

The government action is a big blow to the banks, many of which have seen their stock prices fall to levels not seen since the financial crisis in 2008 and 2009. Until now, the stocks have been undermined mostly by unrelated worries about the US and European economies.

It is particularly damaging to Bank of America, which bought Countrywide Financial Corp. in 2008 and Merrill Lynch in 2009. All three are being separately sued by the government for mortgage-backed security sales totalling 57.5 billion dollars (£32bn).

After Bank of America, JPMorgan Chase was listed in the lawsuits with the second-highest total at 33 billion dollars (£20.3bn). Royal Bank of Scotland followed at 30.4 billion dollars (£18.7bn).

Bank of America has already paid 12.7 billion dollars this year to settle similar claims. Last month insurer American International Group Inc. sued the bank for more than 10 billion dollars for allegedly selling it faulty mortgage investments.

Bank of America today rejected the claims in the government's lawsuits.

Fannie and Freddie invested heavily in the mortgage-backed securities even after their regulator said they did not have the needed risk-management capabilities, the bank said.

"Despite this, (Fannie and Freddie) are now seeking to hold other market participants responsible for their losses," it said.

US bank stocks fell sharply last night as news of the government's lawsuits emerged. Bank of America tumbled 8.3%, JP Morgan Chase fell 4.6%, Citigroup lost 5.3%, Goldman shed 4.5% and Morgan Stanley ended down 5.7%.

Residential mortgage-backed securities bundled pools of mortgages into complex investments. They collapsed after the property bust and helped fuel the financial crisis in late 2008.

The FHFA said the mortgage-backed securities were sold to Fannie and Freddie based on documents that "contained misstatements and omissions of material facts concerning the quality of the underlying mortgage loans, the creditworthiness of the borrowers, and the practices used to originate such loans".

The FHFA filed a similar lawsuit in July against Swiss bank UBS AG, seeking to recoup more than 900 million dollars in losses from mortgage-backed securities.

Also sued last night were are Ally Financial, formerly known as GMAC; Deutsche Bank; First Horizon National; General Electric; HSBC North America Holdings; Morgan Stanley; Nomura Holding America; and Societe Generale.

JPMorgan, Goldman, Citigroup and Morgan Stanley declined to comment on the lawsuits. Ally Financial said the government's claims were "meritless" and the firm "intends to defend its position aggressively". A spokeswoman for First Horizon said the bank intended to "vigorously defend" itself.

Ken Thomas, a Miami, Florida-based banking consultant and economist, said he expected the banks to settle with the government soon.

"This will be nothing but a distraction to them and the quicker you settle something like this the better," he said.

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PRESS ASSOCIATION -- The US government has begun legal action against 17 financial firms, including the country's largest banks, for selling billions worth of mortgage-backed securities that turned to...
PRESS ASSOCIATION -- The US government has begun legal action against 17 financial firms, including the country's largest banks, for selling billions worth of mortgage-backed securities that turned to...
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04:59 PM on 09/05/2011
Hasn't the US government better things to do than spend time and money on a wild goose chase
08:19 PM on 09/04/2011
More smoke coming our way with this. They will accuse, point the finger, pass a few billion around (that is OUR money by the way) and it will appear that someone is doing something to penalize the wrongdoers. They will pay the lawyers, the fines, and all the other expenses with our money and the all of us (the lemmings) will be no better off!!!! It's a joke that they wiped out trillions in order to pay themselve's billions. We are in trouble until we can do something serious to these criminals that are running these scams.
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HUFFPOST SUPER USER
Matthew Harrold
Huzzah!
06:59 PM on 09/04/2011
Wait, aren't we already paying for Wall St's greed? I mean it's not like we're not bailing out our own banks already, without the US making us pay out for their banking greed.
05:14 AM on 09/06/2011
Yeah we really have the moral high ground here after using anti-terror laws to take funds from Iceland's banks (they deserved it but the principle works both ways)
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HUFFPOST SUPER USER
Stephanie Gilley
Move humanity forward.
04:38 PM on 09/04/2011
Money...man invented it...uses it to rule and manipulate the masses...when will humans be done with this kind of king of the hill philosophy? It is antiquated and exhausting we can do better.
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HUFFPOST SUPER USER
Miserable Swine
10:41 AM on 09/04/2011
Let`s hope infuriated tax payers start looking for some prime heads to roll: the spivs running these banks would be a good start.
05:41 AM on 09/04/2011
it's strange that banks should take up fraud when there are so many legal ways to be dishonest in the fist place.
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HUFFPOST SUPER USER
Ramkshrestha
Welcome to Nepal - the birthplace of Buddha
10:35 PM on 09/03/2011
UK already facing lots of problems and due to this could face some more problems.
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HUFFPOST SUPER USER
Miserable Swine
10:39 AM on 09/04/2011
That`s what happens when you put all your eggs in one basket.
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cathyjs
09:39 PM on 09/03/2011
As an American I am ashamed of our current administration for this action. Our prior president spent several years trying to get Congress to tighten regulations on Fannie and Freddie accurately predicting the financial storm that would occur if people failed to pay their obligations. Bush saw the mortgages that were being given to people who obviously could not afford them but Barney Frank, the architect of the downfall, accused him of creating a crisis for political reasons and trying to deny home ownership to lower income people.

In the long run the American banks may be able to point to the threat of fines by the government if they failed to approve these misguided loans, don't know whether that's the case with the UK banks being sued. But I do hope you'll fight it as I hope our own banks do. Because while I believe wrong-doing deserves punishment if the banks were forced to give shady loans by the government thewn they had little choice and failure was inevitable.
08:31 AM on 09/04/2011
THE BUSH ADMINISTRATION WAS ABOUT DE-REGULATION. THIS IS THE PARTY MANTRA SO HOW DARE SPREAD RUBBISH. THIS IS THE BUSH ADMINISTRATIONS FAULT FROM START TO FINISH.

YOU ARE OBVIOUSLY A REPUBLICAN PIG!
08:35 AM on 09/04/2011
I'll bet that you are a Glenn Beck fan or an unfair and asymmetrical FOX news fan?
06:46 PM on 09/03/2011
So, the cash the British taxpayer paid to bail out failing banks in this country will be redistributed through the legal process into the Americans coffers while the people here suffer the austerity measures imposed by our fair and caring politicians, sounds about par for the course, robbery without the masks and definitely no way any banking institution will be repaying the bailouts, win win win for the uber rich, lose lose lose for the public with no redress. Time to rise up folks before real slavery is your future.
04:19 PM on 09/03/2011
That relationship, it can only be described as "special".
03:37 PM on 09/03/2011
How dare they! We made our profits on the packages, paid our staff their bonuses, then got in trouble with the ones we didn't manage to sell to Fannie-Fred. (But it was okay, the taxpayer bailed us out, so we were able to keep paying the bonuses and making a profit.)

Now these American upstarts want to whine about having bought garbage securities because we bit obscure about the truth of what we were selling them? Outrageous! Reminds me of the names at Lloyds who whined that they were mis-sold.insurance packages.
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Ladder 1
liberal=fair share with others money
02:41 PM on 09/03/2011
Whats all this then? Have at you Govna!
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Catriona
Wha daur meddle wi me?
01:17 PM on 09/03/2011
Do we get to sue the SEC, S&P, and Moodys for their incompetency that led to a global financial meltdown?....
Thought not.