United States District Court for the Southern District of Ohio

Bank of America and Countrywide Sued By Purchasers of $619 Million in RMBS

On April 27, 2011, a group of insurers owned by Western & Southern Financial Group filed a lawsuit in the United States District Court for the Southern District of Ohio against Countrywide, various former Countrywide officers, and Bank of America, as successor to Countrywide, in connection with the sale of RMBS between 2005 and 2007. The plaintiffs allege that the Countrywide defendants were responsible for misrepresentations and omissions in offering materials, pursuant to which plaintiffs purchased approximately $619 million in RMBS. Plaintiffs allege misrepresentation and omissions regarding Countrywide’s underwriting guidelines, owner-occupancy status, appraisals, and exceptions to low-documentation loan procedures. Plaintiffs assert federal law claims for violations of Sections 11, 12(a)(2), and 15 of the ’33 Act, and Sections 10(b) and 20(a) of the ’34 Act. They also assert state law claims for negligent misrepresentation, fraud, aiding and abetting fraud, and various violations of the Ohio Securities Act. Complaint.