Hedge Funds Win Court Fight Involving BofA Mortgage-Bond Settlement -- 2nd Update
April 04 2017 - 7:08PM
Dow Jones News
By Serena Ng and Christina Rexrode
A pair of New York hedge funds won a legal dispute that clears
the way for them to collect a potential windfall on investments in
a batch of crisis-era mortgage securities.
A decision by a New York judge could also enable other investors
to collect payouts on defaulted mortgage bonds that were issued
before the 2007 housing downturn.
The hedge funds, Prosiris Capital Management L.P. and Tilden
Park Capital Management L.P., had placed a wager that some
beaten-down mortgage bonds with unusual wording in their contracts
were in line to receive millions of dollars from a 2011 Bank of
America Corp. mortgage settlement.
Both hedge funds are run by former Goldman Sachs Group Inc.
mortgage debt traders who in recent years had scooped up junior
slices of over two dozen mortgage securities. Last year, their
lawyers asked a judge to rule on whether they were entitled to a
portion of the bank settlement. The size of the hedge funds' wager
isn't known, but they stood to earn double-digit returns on the
bonds if the court ruled in their favor.
Investors including BlackRock Inc. and insurers American
International Group Inc. and Aegon NV, which owned more-senior
slices of the same mortgage securities, had challenged the hedge
funds. They argued that the hedge funds' interpretation was unfair
and contrary to the settlement's original intent to pay the
more-senior bondholders first. They had also argued that the
contracts governing the bonds bought by the hedge funds were
ambiguous.
The money at the center of the dispute is left over from an $8.5
billion settlement that Bank of America agreed to pay. The money
was to go to investors who bought shoddy mortgage securities from
Countrywide Financial Corp., which Bank of America now owns.
The agreement covered 530 mortgage-backed securities trusts,
some with varying fine print in their contracts. Most of the
settlement money was distributed last year.
In a ruling dated March 31 and released Tuesday, Justice Saliann
Scarpulla of New York State Supreme Court agreed with AIG and the
other large institutional investors that some features of the
bonds' contracts "are designed to protect senior investors and
ensure that they are paid their principal first."
"However," she added, "the parties plainly understood" when they
negotiated the $8.5 billion settlement "that there could be
instances" where that principle didn't apply.
"We are delighted that the court applied the strict terms of the
contracts to determine the distribution," said Steve Molo, a lawyer
representing the hedge funds. "My clients' close reading and savvy
analysis of the complex financial instruments prevailed."
An AIG spokesman said: "We respectfully disagree with the
decision and are considering an appeal."
Write to Serena Ng at serena.ng@wsj.com and Christina Rexrode at
christina.rexrode@wsj.com
(END) Dow Jones Newswires
April 04, 2017 18:53 ET (22:53 GMT)
Copyright (c) 2017 Dow Jones & Company, Inc.
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