First National Bank and Trust Company of Rochelle

RMBS Claims Against Ratings Agencies Dismissed as Time-Barred

On March 27, 2015 Judge John Robert Blakely of the U.S. District Court for the Northern District of Illinois granted Standard & Poor’s Financial Services, LLC’s and Moody’s Investors Service, Inc.’s motion to dismiss claims brought by First National Bank and Trust Co. of Rochelle, Illinois arising out of First National’s purchase of certain RMBS certificates.  First National asserted causes of action under the Illinois Consumer Fraud and Deceptive Business Practices Act, the Uniform Deceptive Trade Practices Act, as well as other common law misrepresentation claims, alleging that it had been induced to purchase the certificates in reliance upon misstatements by the ratings agencies.  Judge Blakely dismissed the complaint as time-barred by the Illinois Securities Law’s five-year statute of repose.  He first concluded that the ISL’s statute of repose applied to First National’s claims because the facts alleged, if proven, would have established a violation of the ISL sections on fraud or deceit in connection with the purchase or sale of securities, and because the ISL specifically provided for the injunctive relief requested by First National.  Judge Blakely then found all claims untimely because the RMBS certificates at issue were purchased in February 2008, five years and four months before First National’s suit was filed.  Order.

Class Action Brought Against S&P and Moody’s in Illinois State Court

On July 3, First National Bank and Trust Company of Rochelle, Illinois (FNBR) filed a putative class action lawsuit against McGraw-Hill Companies Inc., Standard and Poor’s Rating Services (S&P) and Moody’s Corp. in Illinois state court.  FNBR alleges that the rating agencies knowingly or recklessly issued inflated RMBS ratings and failed to amend those ratings when the mortgages underlying the securities began to fail.  Plaintiff seeks to represent a class of all Illinois banks that purchased highly rated RMBS certificates between December 2007 and February 2008.  Plaintiff’s claims are for fraud, negligent misrepresentation and violations of the Illinois Consumer Fraud and Deception Business Practices Act and the Illinois Uniform Deceptive Trade Practices Act.  Complaint.