A California appellate court reversed a 2010 state court decision that dismissed claims against Countrywide Financial Corp. on the grounds of a jurisdiction dispute. The ruling allows the case to proceed in state court. Investor David Luther, a number of pension funds and other institutions sued Countrywide alleging the lender issued mortgage-backed securities between 2005 and 2007 with false and misleading statements as stipulated under the federal Securities Act of 1933. The act was designed to provide investors with full disclosure of material information concerning these offerings. But Countrywide argued the state court had no jurisdiction under the law. The argument was sustained and the case was dismissed in 2010. But on appeal, Emilie Elias, an appellate judge in California, found the lower trial court misinterpreted the act, ruled the investors had the ability to file a class action in state court and allowed the class action to proceed on the state level. Securities law firm Kessler Topaz Meltzer & Check is co-lead counsel for the investors and expects the court of appeals to send the case back to Los Angeles County Superior Court to proceed with the litigation. Write to Jon Prior. Follow him on Twitter @JonAPrior.
California MBS suit against Countrywide allowed to proceed in state court
May 19, 2011, 5:39pm
Jon Prior was a reporter with HousingWire through late 2012.see full bio
Most Popular Articles
Latest Articles
From resilience to antifragility: Rethinking cybersecurity for real estate and mortgage professionals
In information security, we’ve long spoken about resilience. The goal has been to withstand an attack, recover quickly, and return to business as usual. But in today’s environment—where attackers adapt and evolve daily—resilience is no longer enough. We must go further. We must embrace antifragility.
-
From local to global: RE/MAX’s Chris Lim on the next era of real estate relationships
-
Stop marketing like it’s 2008: You’re invisible
-
RE/MAX accelerates real estate innovation with AI and technology
-
Retirement plans for small-business owners have visible generational gaps
-
VA loans rise as housing market shifts toward buyers
Jon Prior was a reporter with HousingWire through late 2012.see full bio
