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File photo: WaMu. REUTERS Robert Sorbo

Judge narrows MBS lawsuit against WaMu

10/24/2011 COMMENTS (0)

Oct 24 (Reuters) - A federal judge narrowed a lawsuit brought by buyers of mortgage-backed securities from Washington Mutual Inc who alleged they were misled on the quality of the underlying loans, according to a ruling.

The decision released last week finds that plaintiff pension funds have the right or standing to proceed on 13 tranches of MBS, but dismisses from the lawsuit claims related to 110 other tranches.

A tranche is a piece of a securities offering.

U.S. District Judge Marsha Pechman in Seattle also granted class certification for the 13 remaining tranches in the case.

Plaintiff attorney Steven Toll said he was pleased about the class action ruling.

"While we are disappointed that the court did not uphold our standing to represent those who filed similar claims against WaMu, this is very good news for investors in the class," Toll said in a statement.

Washington Mutual filed for Chapter 11 bankruptcy when regulators seized its savings and loan institution in September 2008 in the biggest bank failure in U.S. history. The thrift was sold to JPMorgan Chase & Co and the parent company landed in bankruptcy.

Andrew Siegel, a spokesman for Washington Mutual Inc, said on Monday that the company is reviewing the order and "assessing potential impact, if any, on its Chapter 11 proceedings."

Pechman ruled that the plaintiffs only have the right to pursue claims on tranches that they actually purchased, but not others that were sold in the same offering.

Pechman's ruling is similar to a separate opinion last year from a federal judge in Los Angeles, who dismissed MBS claims involving Bank of America's Countrywide unit.

The WaMu case in U.S. District Court, Western District of Washington, is In Re Washington Mutual Mortgage-Backed Securities Litigation, 09-37.

For plaintiffs and proposed class: Kim Stephens and Janissa Strabuk of Tousley Brain Stephens.

For Washington Mutual: Louis Peterson of Hillis Clark Martin & Peterson and David Balabanian, John Pernick, Jee You, Frank Busch and Theo Robins of Bingham McCutchen.

(Reporting by Dan Levine)

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