MBIA Files Suit Against Merrill Lynch

May 8, 2009 · Print This Article

The Armonk, New York-based MBIA, the largest bond insurer in the country, has filed two lawsuits against two separate Merrill Lynch & Company businesses for selling protections against mortgage-debt defaults. The suit was filed with the New York State Supreme Court.

The purpose of the legal action was meant to recover $5.7 billion in payouts on credit-debt swaps and other related insurance that was sold against collateralized debt obligations.

According to MBIA, Merrill Lynch deliberately misrepresented what type of debt was being protected. It is alleged that the company intended the sales as a way of ridding themselves of billions of dollars in deteriorating subprime mortgages between July of 2006 and March of 2007. This was the time when homeowner defaults began to shoot through the roof.

Jay Brown, MBIA’s chief executive said in the statement that, “Today’s action is consistent with our intention to pursue all available remedies against those parties whose improper actions have directly resulted in substantial losses for MBIA and its shareholders.”

This lawsuit is just the latest in a series of legal actions taken by bond insurers like MBIA and Ambac Financial Group against companies like JPMorgan Chase and GMAC LLC for authorizing bad home-loan securities.

As a result of the housing slump and the heavy mortgage losses the previous year, MBIA, as well as its competitors, have suffered drops in insurance ratings. MBIA, in particular, was forced to split its guarantee business in two in order to make a return to the municipal-bond market. The unit of MBIA that retained structured-finance guarantees was downgraded by Moody’s Investors Service to a non-investment level.

MBIA itself has been the subject of lawsuits by bond buyers because of the insurance split. Reasons cited for the suits include the fact that the downgraded unit responsible for guarantees their notes dropped 55% on the NYSE composite trading over the last year.

Merrill Lynch, which was the nation’s largest CDO underwriter prior to the collapse of the market, had agreed to sell itself to Bank of America in a bid to stay solvent.

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Comments

23 Responses to “MBIA Files Suit Against Merrill Lynch”

  1. estaer scazarrown on August 1st, 2010 12:39 pm

    This is a Real-time headline. These are breaking news, delivered the minute it happens, delivered ticker-tape style. Visit http://www.marketwatch.com or the quote page for more information about this breaking news.

  2. yardt on August 1st, 2010 9:50 pm

    It will make it more asses able to more investors. Can help some in the raising of capital.

    A general stock slip makes no difference

    1 share = 100

    2 for 1 = 2 shares x 50. = 100
    both have the same value. more people can afford the 50 making buying a block more affordable.

    I hope this is what you were looking for.

  3. schu on August 2nd, 2010 3:27 am

    Financial Advisor Trainee (Traverse City, Michigan) job in Traverse City, MI at Merrill Lynch #financial #advisor

  4. nanett on August 2nd, 2010 7:48 am

    They buy our BONDS which are backed by the US Treasury. All BONDS are debt or I.O.U.s

  5. kalta maune on August 2nd, 2010 7:19 pm

    Thinking of debt settlement? New FTC rule can help

  6. diller on August 5th, 2010 9:58 am

    try your phone book to find merrill lynch phone number

  7. ahrgan saertson on August 6th, 2010 10:16 am

    No, we WON’T be there after all…We’ve sold our sorry remnants to Bank of America in perpetuity.

  8. carlyn sak on August 7th, 2010 6:29 am

    What about volatility? That's another variable in price of options. That is what you have here. MBIA had 5 times normal volume Thursday, more than twice normal volume Friday. Be ready to act fast if you are long, IV, implied volatility, will soon run out of this stock.

  9. rocken reau on August 13th, 2010 6:59 am

    Pioneer, California : MBIA-Vallejo, Innkeepers, UniCredit, General Growth, Chemtura: Bankruptcy – Bloomberg

  10. koni loof on August 15th, 2010 1:58 am

    Money. (I mean more than 7% Yearly)

  11. barriffy on August 15th, 2010 6:10 am

    Live Nation Entertainment to Present at 2010 Bank of America …: Live Nation Entertainment to Present at 2010 Ban…

  12. rashishanu on August 17th, 2010 7:57 am

    Article by at 2010-08-11 12:35:41
    Categorized in Finance,

    Avoiding complications in credit repair is almost important as getting out of debt. When we have bills that were neglected simply because we didn’t have the money to pay the bills, or else we purchased items instead of paying the bills, we are in debt….

  13. gus on August 17th, 2010 10:26 pm

    if a dollar was worht zero then you could not pay anyone for anything , it wouldnt matter what your balance was. this might happen and is why people are buying gold and silver.

  14. suesson escu on August 18th, 2010 2:48 am

    OM Foot OM Ben Arfa ecarte Mbia forfait contre VA Ouest France Olympique Marseille

  15. galcocouss mernazipur on August 20th, 2010 11:05 am

    Under the terms of the agreement Merrill Lynch shareholders receive 0.8595 shares of Bank of America common stock for each Merrill Lynch common share. Shareholders of both companies approved the acquisition on December 5, 2008 which took effect January 1, 2009.

    .08 cents

  16. rui berg on August 20th, 2010 2:11 pm

    #Mundo Acidente aereo em aeroporto da Colocirc;mbia deixa um morto: Embaixada confirmou a presenca de br… #portugues

  17. ritzky on August 23rd, 2010 6:16 am

    That is not true. Merrill Lynch was bought out, lock, stock and barrel by Bank of America. Merrill will continue to operate as Merrill under their name but they will be owned entirely by Bank of America.

    Why would you even consider moving it? You just became part of the strongest bank on earth?

    oh, and if you think I am bias, I am. I own both stocks.

  18. kazaward rez on August 23rd, 2010 7:51 pm

    Defending French champion Marseille looks to bolster squad, morale after loss
    The Canadian Press
    Niang scored 18 league goals last season and has 72 in 153 league games for the club. Midfielder Stephane Mbia is doubtful for the game at Valenciennes …
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  19. demowaynsk okass on August 29th, 2010 8:58 pm

    Debt Relief Programs – How to Properly Manage Massive Credit Card Debts

  20. haggerrole on August 30th, 2010 12:48 am

    Bill Ackman Gets Important Calls In Nantucket, Plays Mediocre Poker
    New York Observer
    Everyone already knew that the hedge fund manager Bill Ackman lives dangerously. Recall, for example, his tangos with Wendy’s, Spitzer, MBIA, …

  21. struddler norli on August 30th, 2010 10:18 am

    Defending French champion Marseille looks to bolster squad, morale after loss
    The Canadian Press
    Niang scored 18 league goals last season and has 72 in 153 league games for the club. Midfielder Stephane Mbia is doubtful for the game at Valenciennes …
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  22. fulff rra on August 31st, 2010 12:28 pm

    MBIA-Vallejo, Innkeepers, UniCredit, General Growth, Chemtura: Bankruptcy
    Bloomberg
    The heirs of Howard Hughes moved to block General Growth Properties Inc.’s plan to exit bankruptcy, saying in an Aug. …
    and more »

  23. milla on September 2nd, 2010 7:21 pm

    Divorce papers reveal the Dodgers are deeply in debt.

    Frank McCourt – Divorce – Law – Family Law – sport

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