Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Bank of America Says Countrywide Bankruptcy Remains an Option

Author: Joel R. Glucksman

Date: June 25, 2013

Key Contacts

Back

Bank of America is playing hardball with its Countrywide Financial unit, and recently raised the possibility of putting Countrywide into bankruptcy only two years after reaching a landmark $8.5 billion settlement with mortgage investors.

Countrywide, which struggled to stay afloat following a swarm of mortgage-related litigation after the housing market collapse, was purchased by Bank of America in 2008. However, the mortgage company’s legal issues are far from over, and institutional investors are now challenging the $8.5 billion settlement, claiming that the amount is inadequate.

Currently, AIG and other investors are asking the court to reject the settlement, which they called a “pennies-on-the-dollar bargain” for the bank, Bloomberg reports. This is largely because many investors report their total losses to be upwards of $100 billion.

At a court hearing in New York, Bank of America’s chief risk officer Terrence Laughlin said that recent talks with mortgage investors were “very tense” and combative, with both sides taking “very strong positions,” according to Bloomberg.

“I thought they were being extremely aggressive and one-sided in what they thought future losses would be coming out of these trusts,” Laughlin told the news source. “The investors were putting forth a very negative scenario. They were trying to put forth a high loss number [to reach a higher settlement.]”

If resolution talks fail and the bank does not win court approval for the settlement, seeking bankruptcy law protection for Countrywide may be a viable option.

“One of the options that was available to us and continues to be available to us was to put Countrywide into bankruptcy,” Laughlin said at the hearing.

While a handful of investors continue to lobby for a higher settlement amount, there are several investors that are in support of the existing terms and conditions, including Pacific Investment Management Co., Goldman Sachs Asset Management, and MetLife Inc.

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

    Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
    Novation Agreement Process: Step-by-Step Guide for Businesses post image

    Novation Agreement Process: Step-by-Step Guide for Businesses

    Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

    Author: Dan Brecher

    Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
    What Is a Trade Secret? Key Elements and Legal Protections Explained post image

    What Is a Trade Secret? Key Elements and Legal Protections Explained

    What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

    Author: Ronald S. Bienstock

    Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
    What Is Title Insurance? Safeguarding Against Title Defects post image

    What Is Title Insurance? Safeguarding Against Title Defects

    If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

    Author: Patrick T. Conlon

    Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

    Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

    Bank of America Says Countrywide Bankruptcy Remains an Option

    Author: Joel R. Glucksman

    Bank of America is playing hardball with its Countrywide Financial unit, and recently raised the possibility of putting Countrywide into bankruptcy only two years after reaching a landmark $8.5 billion settlement with mortgage investors.

    Countrywide, which struggled to stay afloat following a swarm of mortgage-related litigation after the housing market collapse, was purchased by Bank of America in 2008. However, the mortgage company’s legal issues are far from over, and institutional investors are now challenging the $8.5 billion settlement, claiming that the amount is inadequate.

    Currently, AIG and other investors are asking the court to reject the settlement, which they called a “pennies-on-the-dollar bargain” for the bank, Bloomberg reports. This is largely because many investors report their total losses to be upwards of $100 billion.

    At a court hearing in New York, Bank of America’s chief risk officer Terrence Laughlin said that recent talks with mortgage investors were “very tense” and combative, with both sides taking “very strong positions,” according to Bloomberg.

    “I thought they were being extremely aggressive and one-sided in what they thought future losses would be coming out of these trusts,” Laughlin told the news source. “The investors were putting forth a very negative scenario. They were trying to put forth a high loss number [to reach a higher settlement.]”

    If resolution talks fail and the bank does not win court approval for the settlement, seeking bankruptcy law protection for Countrywide may be a viable option.

    “One of the options that was available to us and continues to be available to us was to put Countrywide into bankruptcy,” Laughlin said at the hearing.

    While a handful of investors continue to lobby for a higher settlement amount, there are several investors that are in support of the existing terms and conditions, including Pacific Investment Management Co., Goldman Sachs Asset Management, and MetLife Inc.

    Let`s get in touch!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

    Please select a category(s) below: