Bernstein Litowitz Berger & Grossmann filed three suits
Thursday that could be the beginning of a whole new, and huge,
wave of litigation against the U.S. banks that issued
mortgage-backed securities. One complaint is for Landesbank
Baden-Wurttemberg, asserting losses on $500 million in Bear
Stearns MBS. The others were filed for Sealink and allege losses on $1.6 billion in Bank of America MBS and on $2.4 billion in Bear Stearns MBS. Sealink is an Irish corporation,
but it was set up to hold MBS owned by the German bank Sachsen,
according to the complaint.
So all three suits are really on behalf of German MBS
investors, and they're the first straight MBS fraud suits to be
filed. (There have been previous Landesbank suits involving
CDOs.) That's hugely significant because German investors have
experience tens of billions of dollars in MBS losses. An
article in Der Spiegel in April of 2008 estimated that German
losses as a result of the U.S. subprime mortgage crisis were
already 30 billion euros, and mounting. A National Mortgage News article last January said German and other foreign
investors own hundreds of billions of dollars in U.S.
mortgage-backed securities.
Bernstein Litowitz, meanwhile, is advising more than a
half-dozen additional German institutions on potential MBS
suits, which means that Thursday's three complaints are
probably not the last we'll see on behalf of German investors
-- particularly because Bernstein has already assembled so much
evidence of the conduct of MBS issuers for the securities suits
they've filed on behalf of U.S. investors.
With the clock ticking on MBS securities claims, it looks
like the sleeping giant of German exposure may have finally
awakened.
(Reporting by Alison Frankel) Follow Alison on Twitter: @AlisonFrankel
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