NEW YORK, Dec 9 (Reuters) - Baupost Group, the
Boston-based hedge fund run by Seth Klarman, told clients Friday
that it is
"Walnut Place," a group of undisclosed investors who oppose
Bank of America Corp's $8.5 billion mortgage bond settlement,
according to a person familiar with a memo the fund sent.
Baupost denied in the memo that it had shorted Bank of
America stock, the person said, as a blog post alleged.
"From time to time and for a variety of reasons," the memo
said, Baupost "forms legal entities to consolidate investments.
Walnut Place is such an example," according to the person.
Walnut Place had brought actions against the originator of
the loans underlying certain of its residential mortgage backed
securities because of "egregious deficiencies in the
underwriting of mortgages," the person said, citing the memo.
It said the litigation is intended to protect the interests
of its investors, the person said.
A call to Klarman for comment was not returned.
Like most hedge funds, Baupost doesn't usually disclose its
earnings or investments, but was reported to have $23 billion in
assets last year.
The memo was sent to investors a day after a Reuters story
identifying Walnut Place as Baupost. After the story appeared,
a blog post claimed Baupost held a short position in Bank of
America, or long beneficiaries if litigation is successful
against banks who underwrote mortgage-backed securities, such
as
bond insurer MBIA Inc.
Baupost called the blog's allegations false.
"We currently have no long or short position in equity,
corporate debt, or credit default swaps of Bank of America or
MBIA," the memo said, according to the person. "We have on
occasion owned a small amount of default protection on Bank of
America debt as part of our overall portfolio hedging strategy
through which we hold credit default swaps on a diverse group of
financial institutions and other corporate issuers."
Walnut Place sued Bank of America and Bank of New York
Mellon, as trustee, over mortgage-backed securities
trusts. The suit accuses Countrywide Home Loans, which Bank of
America bought in 2008, of breaching agreements governing the
trusts.
At a hearing on that lawsuit in New York state Supreme Court
on Thursday, Theodore Mirvis, an attorney who represents Bank of
America, said "Walnut Place" was a "made up name," and that
Baupost, which he described as a distressed debt or vulture
fund, was behind the suit.
"We believe we presented compelling grounds for the
dismissal of their case," Lawrence Grayson, a spokesman for Bank
of America, said in an interview today. He declined comment on
Baupost's disclosure of its identity, pointing to statements
made by Mirvis at the hearing and court filings.
Buried in a May filing in the case, Bank of America said
that Baupost sent letters to the Bank of New York Mellon,
claiming it was a certificate holder and that loans in two
trusts did not comply with representations and warranties made
by Countrywide Home Loans. It said appraisals were inflated and
other information had been misrepresented.
Baupost demanded the trustee give notice of the alleged
breaches to Countrywide, according to the document, and require
Countrywide to repurchase the loans. On Dec. 21, 2010, the
trustee received a letter concerning one of the trusts from
entities including the "Walnut Place" entities.
"The Walnut Place entities claimed to have been assigned
Baupost's interest in that trust," the document said.
In August, 11 Walnut Place entities also filed to remove the
global $8.5 billion settlement case to federal court, citing its
size and complexity. Bank of New York Mellon, the trustee for
530 mortgage securitization trusts covered by the proposed
agreement had sought approval from a New York state judge. The
decision to remove the case to U.S. District Court for the
Southern District of New York is on appeal to the U.S. Court of
Appeals for the 2nd Circuit.
Klarman, a value investor, is the author of the out-of-print
book, "The Margin of Safety."
The case in state court Thursday was Walnut Place LLC v.
Countrywide Home Loans Inc, 650497/2011, New York state Supreme
Court (Manhattan).
The federal case for the $8.5 billion proposed settlement is
Bank of New York Mellon v. Walnut Place LLC, 11-cv-05988, U.S.
District Court, Southern District of New York.
(Reporting by Karen Freifeld and Alison Frankel)
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