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valuecfa

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The first major ruling from the courts should be coming sometime very soon. AGO vs Flagstar, judge Rakoff said he should have his ruling by the end of January. If the ruling is to AGO's benefit, it seems to be then next big catalyst, as we may finally have a precedent set in putback cases that go the distance.

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The first major ruling from the courts should be coming sometime very soon. AGO vs Flagstar, judge Rakoff said he should have his ruling by the end of January. If the ruling is to AGO's benefit, it seems to be then next big catalyst, as we may finally have a precedent set in putback cases that go the distance.

 

 

Valuecfa, I didn't know that AIG is suing BAC for the fraud loans too. Do you know anything about this? The impact of this on AIG is much smaller than MBI, but still big.

http://www.cogonews.com/bank-of-america-corp-nysebac-and-american-international-group-inc-nyseaig-need-to-produce-evidence-from-their-bailout-says-court/122156/

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Rakoff:

 

http://newsandinsight.thomsonreuters.com/uploadedFiles/Reuters_Content/2013/02_-_February/11%20CV%202375%20Opinion.pdf

 

In  conclusion,  the  Court  hereby  grants  judgment  in  favor  of  Assured  on  its  claims  for  breach  of  contract  against  Flagstar  in  the  amount  of  $90.1  million  plus  contractual  interest  and attorneys'  fees  and  costs  to  be  determined  hereafter.

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Rakoff:

 

http://newsandinsight.thomsonreuters.com/uploadedFiles/Reuters_Content/2013/02_-_February/11%20CV%202375%20Opinion.pdf

 

In  conclusion,  the  Court  hereby  grants  judgment  in  favor  of  Assured  on  its  claims  for  breach  of  contract  against  Flagstar  in  the  amount  of  $90.1  million  plus  contractual  interest  and attorneys'  fees  and  costs  to  be  determined  hereafter.

 

;D

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Rakoff:

 

http://newsandinsight.thomsonreuters.com/uploadedFiles/Reuters_Content/2013/02_-_February/11%20CV%202375%20Opinion.pdf

 

In  conclusion,  the  Court  hereby  grants  judgment  in  favor  of  Assured  on  its  claims  for  breach  of  contract  against  Flagstar  in  the  amount  of  $90.1  million  plus  contractual  interest  and attorneys'  fees  and  costs  to  be  determined  hereafter.

 

;D

 

Jed has spoken.

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Next up is the news media noting how banks are woefully under-reserved for their respective reps & warranties exposures... And will the auditors follow suit?

 

Auditors? Good victory valuecfa but don't overreach. This is a MONOLINE exposure, and you actually don't know BAC's number (undisclosed reserve).

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Next up is the news media noting how banks are woefully under-reserved for their respective reps & warranties exposures... And will the auditors follow suit?

 

Auditors? Good victory valuecfa but don't overreach. This is a MONOLINE exposure, and you actually don't know BAC's number (undisclosed reserve).

 

I didn't say BAC. And i didn't say anything about non-monoline exposure (different kinds of law).

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Next up is the news media noting how banks are woefully under-reserved for their respective reps & warranties exposures... And will the auditors follow suit?

 

Auditors? Good victory valuecfa but don't overreach. This is a MONOLINE exposure, and you actually don't know BAC's number (undisclosed reserve).

 

In fact, in my opinion, the private label claims are much weaker than contract/insurance claims (in regards to BAC).

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Yeah! nice!

The litigation momentum is getting stronger. I hope we would see MBI jump up 100-200% this year. ;D

I long both AGO and MBI. Mr. Market is so unpredictable for the short term. Why is AGO down today? MBI initiated the $1 bn lawsuit with FlagStar. This trial's result will have a big impact on that one, and a lot of other R&Ws too. Maybe folks are taking profits on AGO and buying more MBI? But how come FlagStar jumped up 1.6% today? ::)

 

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Flagstar, which had net income of $223.7 million for 2012, said Jan. 23 that it had reserved $82.7 million for pending and threatened litigation, including Assured's lawsuit.

The litigation reserves also cover another bondholder lawsuit launched earlier this month by MBIA, which sued after paying out $165 million on claims related to two mortgage-backed transactions it insured.

 

Flagstar had separately agreed in February 2012 to pay $132.8 million to settle claims by the U.S. Department of Justice that it improperly approved mortgages for government insurance.

 

Flagstar's reserves vs Actual:

 

$90 million plus interest & attorney's fees going to AGO. Plus, whatever MBI will (or may) recover. Flagstar's reserves didn't even fully cover AGO's claims, whereas MBI's damages are higher. I haven't checked with Flagstar yet to see what other suits they may be fending off, if any.

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Judge Rakoff Delivers Big Blow to Bank of America and JP Morgan in Flagstar Mortgage Putback Ruling

Read more at http://www.nakedcapitalism.com/2013/02/judge-rakoff-delivers-big-blow-to-bank-of-america-and-jp-morgan-in-flagstar-ruling.html#qCwhjPCkXoD4sYVT.99

 

So the judge's ruling is only for the compensation of the existing losses? I don't see anywhere about commutation, so probably AGO still insures the low quality loans. What happens if there is future losses on the loans?

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Judge Rakoff Delivers Big Blow to Bank of America and JP Morgan in Flagstar Mortgage Putback Ruling

Read more at http://www.nakedcapitalism.com/2013/02/judge-rakoff-delivers-big-blow-to-bank-of-america-and-jp-morgan-in-flagstar-ruling.html#qCwhjPCkXoD4sYVT.99

 

So the judge's ruling is only for the compensation of the existing losses? I don't see anywhere about commutation, so probably AGO still insures the low quality loans. What happens if there is future losses on the loans?

 

There's a portion in the ruling where the experts indicated that there would likely not be any losses over the long-term, but the judge wanted to settle the potential losses up front, rather than wait and hope.  It seemed like the money might go back if the losses don't ultimately happen.  I may be mistaken on this, as I was reading through it at a rapid pace.

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Next up is the news media noting how banks are woefully under-reserved for their respective reps & warranties exposures... And will the auditors follow suit?

 

Auditors? Good victory valuecfa but don't overreach. This is a MONOLINE exposure, and you actually don't know BAC's number (undisclosed reserve).

 

Analyst research note out today:

 

AGO’s victory positions it for significantly greater upside. The win should enable the company to present the victory to the auditors of Credit Suisse (CS) and UBS as Exhibit A in its argument that the banks are not recognizing potential putback liabilities sufficiently (UBS) or at all (Credit Suisse) in their financial statements.

 

 

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Judge Rakoff Delivers Big Blow to Bank of America and JP Morgan in Flagstar Mortgage Putback Ruling

Read more at http://www.nakedcapitalism.com/2013/02/judge-rakoff-delivers-big-blow-to-bank-of-america-and-jp-morgan-in-flagstar-ruling.html#qCwhjPCkXoD4sYVT.99

 

So the judge's ruling is only for the compensation of the existing losses? I don't see anywhere about commutation, so probably AGO still insures the low quality loans. What happens if there is future losses on the loans?

 

There's a portion in the ruling where the experts indicated that there would likely not be any losses over the long-term, but the judge wanted to settle the potential losses up front, rather than wait and hope.  It seemed like the money might go back if the losses don't ultimately happen.  I may be mistaken on this, as I was reading through it at a rapid pace.

 

Yeah... It is confusing to me. valuecfa, do you have any thoughts on this?

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