Bank of America Corp. on Wednesday said it shouldn't have to pay a $1.27 billion penalty over an old mortgage program known as the Hustle.

In an appeal filed in the Second U.S. Circuit Court of Appeals, the bank said it hadn't been allowed to present key evidence in the Hustle trial, making it impossible "to offer a meaningful defense."

The bank said the court didn't allow it to present evidence that the Hustle loans were of "at least as high quality as other loans." The bank also complained that the court had excluded testimony from witnesses who believed that the loan program in question "was proper and produced good-quality loans."

"From beginning to end, what took place in this case was not only unfair, but utterly unprecedented," the bank wrote.

The Hustle case revolves around a civil lawsuit that the U.S. Attorney's Office of Manhattan filed against Bank of America in 2012. It alleged that a pre-crisis Countrywide Financial Corp. program called Hustle had churned out shoddy mortgages with a focus on quantity, not quality, and then misrepresented those loans when selling them to Fannie Mae and Freddie Mac, which had to be propped up by government money in the financial crisis.

Bank of America purchased Countrywide in 2008.

The bank and the Justice Department went to trial over the Hustle allegations, rather than settling the case. A jury found the bank liable for fraud in 2013.

The bank's filing Wednesday also said the government had overreached in suing the bank. The lawsuit relied on a provision called the Financial Institutions Reform, Recovery and Enforcement Act, or Firrea, which allows the government to prosecute fraudulent conduct "affecting a federally insured financial institution." The bank said the Justice Department applied Firrea in a way that was never intended--by saying that the bank's conduct was "affecting" itself--in other words, making the bank both victim and perpetrator.

Bank of America has also contended that the Hustle program was shuttered by the time it bought Countrywide. It has also said it lost money on the loans in question.

Write to Christina Rexrode at christina.rexrode@wsj.com

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