Goldman (NYSE:GS) Wins Dismissal of $450-M Mortgage-Bond Suit

Posted by: : Paul EbelingPosted on: June 16, 2014 Goldman (NYSE:GS) Wins Dismissal of $450-M Mortgage-Bond Suit

Goldman (NYSE:GS) Wins Dismissal of $450-M Mortgage-Bond Suit


Goldman Sachs Group Inc. (NYSE:GS) won dismissal of a suit over $450-M in residential mortgage-backed securities, a New York judge saying that the firms that bought the bonds should have done more research beforehand.

State Supreme Court Justice Charles Ramos dismissed the claims against Goldman Sachs, saying the investors only reviewed data presented in offering documents for the securities and never asked to review files for the underlying loans.

“The true nature of the risk being assumed could, admittedly, have been ascertained from reviewing these loan files and plaintiffs never asked for them,” Judge Ramos wrote.

Goldman Sachs was among financial firms including Bank of America Corp (NYSE:BAC), and JPMorgan Chase & Co.(NYSE:JPM) sued over more than $1.8-B in mortgage-backed securities in Y 2012 by Phoenix Light SF Ltd., a company based in Dublin that inherited claims from six legal entities “that collapsed or nearly collapsed,” according to court filings.

The entities include WestLB, the 180-yr-old German state-owned lender, based in Dusseldorf, that ceased operations in Y 2012 as part of European Union (EU) conditions tied to a EUR 17-B ($23-B) bailout after the Y 2008 financial crisis, according to a complaint.

Note: Pools of home loans securitized into bonds were a central part of the housing bubble that helped send the US into the worst recession since the 1930s. The housing market collapsed, and the market for the securities evaporated.

The plaintiffs said Goldman Sachs did not share the files for the loans underlying the securities. Judge Ramos said there were no allegations that they asked for them and Goldman Sachs denied access.

“It does not matter if the failure to seek this information was because of blind faith in the process of origination and/or securitization, or if it was attributable to the desire to quickly get on board of what the investors thought was a profitable bandwagon,” the judge wrote. “The obligation of a sophisticated investor to inquire cannot be merely excused.”

Nathan Lindell, an attorney with Robbins Geller Rudman & Dowd LLP representing the plaintiffs in the case, did not immediately respond to a phone message seeking comment on the ruling.

A spokesman for Goldman Sachs, did not immediately respond to an e-mail seeking comment on the ruling.

The case is Phoenix Light SF Ltd. v. Goldman Sachs Group Inc., 652356/2013, New York State Supreme Court, New York County (Manhattan).


HeffX-LTN Analysis for GS: Overall Short Intermediate Long
Bullish (0.30) Very Bullish (0.62) Neutral (0.10) Neutral (0.19)

Stay tuned…


Paul Ebeling

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Paul Ebeling

Pattern Recognition Analyst, equities, commodities, forex
Paul Ebeling is best known for his work as writer and publisher of “The Red Roadmaster’s Technical Report” on the US Major Market Indices™, a highly-regarded, weekly financial market letter, where he enjoys an international audience among opinion makers, business leaders, and respected organizations. Something of a pioneer in online stock market and commodities discussion and analysis, Ebeling has been online since 1994. He has studied and worked in the global financial and stock markets since 1984.

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