By Patrick Fitzgerald 

Bank of America Corp. paid $315 million to settle a pair of financial crisis-era lawsuits filed by Deutsche Bank AG and BNP Paribas SA over who should be responsible for losses tied to the multibillion-dollar fraud at disgraced mortgage lender Taylor Bean & Whitaker Mortgage Corp.

Deutsche Bank's and BNP Paribas's mortgage units were investors in notes issued by Taylor Bean's Ocala Funding unit, a mortgage conduit. The two banks sued Bank of America, which acted as middleman between the investors and Ocala, for $1.75 billion in 2009 over their losses on the notes.

"Resolving these claims is a substantial achievement in our efforts to recover losses suffered on Ocala," said Deutsche Bank spokeswoman Renee Calabro. Bank of America and BNP Paribas declined to comment.

Bank of America said in a regulatory filing that the $315 million settlement was fully accrued as of Dec. 31, 2014. Earlier this year, the bank had said in a filing that it settled with BNP Paribas for an "amount not material to the corporation's results of operations."

For the three banks, the legal settlements close the books on what was one of the messier chapters of the financial crisis. At the center of the legal morass was the Ocala Funding LLC conduit, a mortgage-financing vehicle that Taylor Bean created in 2005 to purchase its home loans, which were then bundled into securities and sold to investors such as Freddie Mac. Ocala funded its business by issuing short-term notes that it sold to investors.

The Ocala conduit was a key element in a seven-year, multibillion-dollar fraud orchestrated by Taylor Bean founder Lee Farkas, which also brought down Taylor Bean's main lender, Alabama-based Colonial Bank.

When Taylor Bean's mortgage assembly line collapsed in the summer of 2009, those involved--the banks, the investors and the Federal Deposit Insurance Corp.--pointed fingers at one another, each claiming to have been injured by conduct of others.

Bank of America said that the FDIC, which took over the remnants of Colonial as its receiver, was on the hook for the losses investors suffered when Taylor Bean and Colonial collapsed. It sued the FDIC in the autumn of 2010. The FDIC, which argued that the bank didn't have the authority to sue it over losses incurred by the Taylor Bean subsidiary, countersued.

As part of the Justice Department's milestone $17 billion mortgage settlement with Bank of America, the bank agreed to pay $1.031 billion to the FDIC, as the receiver for 26 failed banks, including Colonial.

The mastermind behind the fraud at Taylor Bean was Mr. Farkas, the 62-year-old mortgage lender who is now serving a 30-year prison sentence in North Carolina for orchestrating the seven-year fraud that transformed a pile of bad loans into what appeared to be billions of dollars of assets.

Mr. Farkas's fraudulent scheme involved Colonial Bank "purchasing" mortgage loans from Taylor Bean that had already been sold to other investors. In this way, Taylor Bean masked its financial problems and maintained its licenses as mortgage lender, seller and, importantly, issuer of mortgage-backed securities. Colonial provided the lender with $3 billion in mortgage financing, much of which went through Ocala.

Taylor Bean collapsed after federal regulators uncovered evidence of fraud and suspended its authority to make loans insured by the government agencies.

Mr. Farkas was found guilty in 2011 of misappropriating about $3 billion and trying to fraudulently obtain more than $550 million from the government's Troubled Asset Relief Program in a failed effort to prop up Colonial. A handful of other executives from Colonial and Taylor Bean also have been sentenced to prison for their roles in the fraud.

Colonial went under when Mr. Farkas's fraud was exposed. The collapse of Colonial, which had $25 billion in assets and $20 billion in deposits, was the biggest bank failure of 2009. The FDIC estimates Colonial's collapse will cost its insurance fund $5 billion, making it one of the most expensive bank failures in U.S. history.

Write to Patrick Fitzgerald at patrick.fitzgerald@wsj.com

Access Investor Kit for BNP Paribas SA

Visit http://www.companyspotlight.com/partner?cp_code=P479&isin=FR0000131104

Access Investor Kit for BNP Paribas SA

Visit http://www.companyspotlight.com/partner?cp_code=P479&isin=US05565A2024

Access Investor Kit for Bank of America Corp.

Visit http://www.companyspotlight.com/partner?cp_code=P479&isin=US0605051046

Access Investor Kit for Federal Home Loan Mortgage Corp.

Visit http://www.companyspotlight.com/partner?cp_code=P479&isin=US3134003017

Subscribe to WSJ: http://online.wsj.com?mod=djnwires

Bank of America (NYSE:BAC)
Historical Stock Chart
From Mar 2024 to Apr 2024 Click Here for more Bank of America Charts.
Bank of America (NYSE:BAC)
Historical Stock Chart
From Apr 2023 to Apr 2024 Click Here for more Bank of America Charts.