Editor: David Reiss
Brooklyn Law School

December 17, 2012

NCUA Sues JP Morgan over MBS Representations

By David Reiss

The National Credit Union Administration has sued J.P. Morgan Securities and Bear, Stearns & Co. for alleged securities laws violations relating to the sale of mortgage-backed securities to 4 credit unions that are now in NCUA conservatorship.  According to the complaint, Bear Stearns (now owned by JPMorgan) made misrepresentations to the purchasing credit unions as part of its underwriting and sales of the MBS.  The press release notes that NCUA has initiated eight similar suits against a variety of financial institutions.

One of the representations at issue states that “a mortgage loan will be considered to be originated in accordance with a given set of underwriting standards if, based on an overall qualitative evaluation, the loan is in substantial compliance with those underwriting standards.” (Complaint paragraph 408, page 170)

Given what we know about a lot of the securities that were issued, it is hard to imagine that reps like this were not violated for many of them.

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