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Fed’s `Pit Bull’ Takes on Bank of America in BuyBack Battle

Fed’s `Pit Bull’ Takes on Bank of America in BuyBack Battle


By Thom Weidlich, Laurel Brubaker Calkins and Jody Shenn – Oct 26, 2010 12:01 AM ET

Kathy D. Patrick is a Houston lawyer who spends her Sundays teaching children about God. The rest of the week, according to one attorney who knows her, she can be “as frightening as a pit bull on steroids.”

That’s bad news for issuers of mortgage-backed securities like Bank of America Corp. Patrick represents bond investors including the Federal Reserve Bank of New York and BlackRock Inc. who are seeking to force the bank to buy back bad home loans, claiming the debt failed to match contractual promises about its quality.

Her law firm, Gibbs & Bruns LLP, is a 30-lawyer outfit that says it specializes in “bet the company” litigation. This month, it reached a settlement with JPMorgan Chase & Co. and Bank of Montreal stemming from an alleged fraud at a Canadian gold company. Earlier this year, Goldman Sachs Group Inc. and UBS AG settled with the firm over the sale of $550 million in mortgage-backed securities. Patrick reached that settlement on behalf of her clients just two months after filing suit.

Patrick, 50, is “fearless and tenacious,” said Dan Cogdell, a Houston criminal-defense lawyer who said she is capable of pit bull-like aggressiveness “if the need be.” If she succeeds in getting Bank of America to settle, it may trigger more calls for buybacks in the $1.4 trillion market for so-called non-agency mortgage securities, which lack government backing.

Bank costs from repurchasing mortgages in such securities may total as much as $179.2 billion, including expenses related to suits against bond underwriters, Chris Gamaitoni, a Compass Point Research and Trading LLC analyst, estimated in August.

$1.73 Billion

In June 2009, Patrick got Credit Suisse Group AG and Deutsche Bank AG to agree to pay $1.73 billion to end litigation over their decision to back out of the leveraged buyout of Huntsman Corp. Her firm is suing Zurich-based Credit Suisse as bond underwriter for a now-defunct Ohio company that sold securities based on health-care providers’ unpaid bills.

“She has a deep understanding of the banking process and the constraints, motivations and incentives of the banking industry,” said Harry M. Reasoner, a partner at Vinson & Elkins LLP in Houston, who also represented Huntsman.

In the fight against Charlotte, North Carolina-based Bank of America, Patrick represents the biggest bond investors in the U.S., including Pacific Investment Management Co., which runs the world’s biggest bond fund.

$47 Billion

On Oct. 18, she wrote Bank of America and Bank of New York Mellon Corp., the trustee for $47 billion of bonds created by Bank of America’s Countrywide Financial unit. In the letter, she accused Countrywide of failing to service the home loans properly. Her clients want Bank of America, which bought Countrywide in 2008, to take back some of the underlying loans, and are questioning its servicing as a way to broaden their legal options, Patrick said the next day.

“We continue to review and assess the letter, and have a number of questions about its content, including whether these investors have standing to bring these claims,” Bank of America Chief Financial Officer Charles H. Noski said Oct. 19 on a conference call with analysts. “We continue to believe the servicer is in compliance with the servicing obligations.”

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Police: Foreclosure Led to Murder-Suicide

Police: Foreclosure Led to Murder-Suicide


Suicide is not the answer people

Updated: Monday, 17 May 2010, 7:40 AM CDT
Published : Monday, 17 May 2010, 7:40 AM CDT

ALEXANDER SUPGUL MyFoxHouston
Web Producer

HOUSTON – Homicide investigators say a northwest Houston home under foreclosure apparently led the struggling residents to take their own lives.

Police arrived at approximately 11 p.m. Sunday to the home on Arncliffe Drive near Antoine Drive and found a married couple shot to death.

The couple left notes that indicated the shootings were suicides and a result of financial difficulties including the foreclosure of their home.

Investigators say the couple were found on their bed with the suicide notes alongside of them.

Because investigators say their corpses were decaying for more than one month, the stench of their bodies could be smelled across the street. The smell apparently alarmed a neighbor enough to contact police.

One gun was found inside the home.

Video source below: MMFLINT (Michael Moore)

[youtube=http://www.youtube.com/watch?v=JVXMDKAHMZ0]

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