US judge takes $8.5 bln BofA deal from state court

* Consummation of proposed deal could be lengthened

* Stake high for Bank of America’s potential liability

NEW YORK, Oct 19 (Reuters) – A judge on Wednesday decided to keep a proposed $8.5 billion settlement over Bank of America Corp’s mortgage-backed securities in federal court, potentially dragging out the litigation.

The stakes are high for Bank of America, which had hoped the agreement would resolve uncertainty over potential liabilities tied to pools of soured loans sold to investors by Countrywide Financial Corp, the mortgage lender it bought in 2008. Countrywide was the largest U.S. mortgage lender before being taken over by BofA.

The proposed agreement also calls for Bank of America to improve its mortgage servicing practices. A number of investors objected to the proposed settlement, which was presented to a state judge in June for approval by Bank of New York Mellon Corp , the trustee for the mortgage securities.

Lawyers for a class of homeowners had also objected.

In Wednesday’s written ruling, U.S. District Judge William Pauley in Manhattan agreed with one objector, institutional investor Walnut Place, that the case belonged in federal court.

“The settlement agreement at issue here implicates core federal interests in the integrity of nationally chartered banks and the vitality of national securities markets,” Pauley’s written order said in part. “A controversy touching on these paramount federal interests should proceed in federal court.”

Why is this such a big blow to BofA?

Yves explains…

The deal is subject to a so-called Article 77 hearing, and a raft of parties objected, not just quite a few investors, but also the FDIC and the attorneys general of New York and Delaware. The hearing was due to take place before a New York judge (this was treated as a state law matter) who has proven to be very bank friendly in the past.

Now in federal court, article 77 does not apply.

Even worse, the federal judge is not too happy with the banks…

Just read the opening statement is his ruling below…

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4closureFraud.org

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Judge Pauley Ruling on The Bank of New York Mellon vs Walnut Place