Judge Rejects FDIC Lawsuits Over Soured Mortgage Debt – NMP Skip to main content

Judge Rejects FDIC Lawsuits Over Soured Mortgage Debt

Oct 03, 2016
The Federal Deposit Insurance Corporation (FDIC) suffered an embarrassing courtroom defeat when a federal judge dismissed lawsuits brought by the agency against three major banks in a case relating to the failed sale of mortgage debut by a defunct Texas b

The Federal Deposit Insurance Corporation (FDIC) suffered an embarrassing courtroom defeat when a federal judge dismissed lawsuits brought by the agency against three major banks in a case relating to the failed sale of mortgage debut by a defunct Texas bank.

According to a Reuters report, U.S. District Judge Andrew Carter in Manhattan said the FDIC, despite being the receiver for Austin-based Guaranty Bank, did not have the standing to bring the lawsuits after selling the mortgage debt through a March 2010 re-securitization transaction. The FDIC had sought to recoup more than $695 million from Citigroup Inc., Bank of New York Mellon Corporation and U.S. Bancorp, which the agency accused of failing ensure proper underwriting on mortgages backing $2.7 billion of securities bought by Guaranty. Guaranty had roughly $13 billion of assets before it was shut down in August 2009, and the FDIC estimated that the bank's failure would put a $3 billion dent in deposit insurance fund.

"Any claims that plaintiff might have held, traveled with the bonds when they were transferred," Carter wrote in his decision. The FDIC did not publicly comment on the judge’s ruling.

About the author
Published
Oct 03, 2016
States Tighten Mortgage Rules For Home Equity Investments

Massachusetts, Maine, and Illinois are expanding oversight of home equity financing

West Capital LO Challenges Contractor Status, Required Fees

A former originator alleges unpaid overtime, recurring tech charges, and company restrictions that he says undermine his independent-contractor status

CFPB Closes 40% Of Investigations, Keeps Mortgage Enforcement In Focus

The federal watchdog closed thousands of supervisory and investigative matters as it narrowed oversight

Midterms Loom With Mortgage Policy Changes Already In Motion

As voters head to the polls Tuesday, Washington is weighing changes to refinancing costs, loan pricing, and lending regulations

UAD 3.6 Deadline Is Monday. Are Brokers Ready?

Wholesale lenders have adopted different rules for appraisal transfers, loan product changes, and reporting formats, adding complications for brokers and appraisers ahead of the Nov. 2 mandate

Friday Harbor Expands AI Appraisal Reviews As UAD 3.6 Deadline Nears

The new capability adds more than 350 automated checks as lenders prepare for the November 2 mandate

Oct 27, 2026