Ambac Retreats from BofA Litigation - Analyst Blog
May 01 2012 - 1:00PM
Zacks
Bank of America Corp. (BAC) has hit the
headlines again for issues related to its Countrywide settlement.
This time Ambac Assurance Corp., whose holding company is
Ambac Financial Group Inc. (ABKFQ), has pulled
itself out from the litigation over BofA’s projected $8.5 billion
mortgage bond settlement for Countrywide. This was reported by
Bloomberg, which cited a court filing.
Ambac, however, did not provide a reason for this retreat.
Notably, a number of investors, including Ambac, had opposed BofA’s
anticipated settlement or wanted more information.
Recent Objections and Rejections
According to a Reuters report, American International Group
Inc. (AIG) was recently denied intervening in the BofA
$8.5 billion mortgage bond settlement case. Along with a group of
investors, AIG had earlier challenged BofA’s deal, referring to the
settlement as significantly inadequate.
AIG alleged that The Bank of New York Mellon
Corporation (BK), Countrywide’s mortgage-backed securities
(MBS) trustee, and several institutional investors manipulated the
deal in such a way that investors could not make out if the
settlement was in their favor.
However, it seemed that AIG’s purpose to interfere in the
settlement deal was largely influenced by its separate individual
court case against BofA. New York State Supreme Court Justice
Barbara Kapnick ultimately rejected the allegations of AIG.
In addition to this, in March 2012, a similar lawsuit filed
against BofA by a group of investors, headed by Walnut Place group,
was also dismissed. The litigation had charged BofA’s Countrywide
Financial Corp. unit of making wrong representations and warranties
about the loans that backed these securities.
Earlier this month, New York’s Attorney General (AG) Eric
Schneiderman challenged the deal. According to the AG, the
compensation that BofA is giving to the investors is insufficient
compared to the losses incurred.
The Story Behind
Back in June 2011, BofA had entered into an agreement to pay
$8.5 billion for its legacy Countrywide mortgage repurchase and
servicing claims. This deal was struck between BofA, BNY Mellon,
Pacific Investment Management Co., MetLife Inc.
(MET), BlackRock Inc. (BLK) and a group of around
20 investors who incurred huge losses for their investments in
mortgage backed securities that were sold by Countrywide prior to
the housing market slump.
The agreement covered most of BofA’s legacy Countrywide-issued
first-lien mortgage backed securities repurchase exposure. It
represented 530 trusts with original principal balance of $424
billion and total current unpaid principal balance of about $221
billion.
Our Take
Notably, the purchase of Countrywide Financial in 2008 came with
a bunch of problems for BofA. The Countrywide acquisition resulted
in elevated mortgage exposure for BofA, compared to its peers.
Following the collapse of the housing market, mortgage repurchases
claim risk grew manifold for the company. This has significantly
drained the company’s bottom line over the last several
quarters.
BofA bought the mortgage lender for $2.5 billion in 2008, and
has recorded more than $30 billion in losses from bad loans,
mortgage-backed securities claims and lawsuits. The company
continues to face numerous litigations, which will likely have a
material impact on its financial stability.
However, we believe that the earlier BofA can close the
settlement deal, the better it will be for the company as it would
remove its litigation overhang to some extent, though it will dent
its financials.
Currently, shares of BofA have a Zacks #3 Rank, which translates
into a short-term ‘Hold’ rating. Additionally, we maintain our
long-term “Neutral” recommendation on the stock.
AMER INTL GRP (AIG): Free Stock Analysis Report
BANK OF AMER CP (BAC): Free Stock Analysis Report
BANK OF NY MELL (BK): Free Stock Analysis Report
BLACKROCK INC (BLK): Free Stock Analysis Report
METLIFE INC (MET): Free Stock Analysis Report
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