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Stanford Law School


HarborView Mortgage Loan Trust
Summary: This lawsuit, originally filed on May 15, 2008 in the New York Supreme was removed to the federal district court on June 2, 2008. The class action charges violations of the 1933 Act.

As summarized in Kevin LaCroix’s D&O Diary blog, the three trusts were issuers of mortgage pass-through certificates created by Royal Bank of Scotland’s subsidiaries, Greenwich Capital, and collateralized with loans underwritten by Countrywide Home Loan. The complaint alleges that the Registration Statement issued in connection with the offerings failed to disclose “the true impaired and defective quality of the loans collateralizing the Bonds” and that the “loans were not originated pursuant to the underwriting guidelines stated in the Registration Statement.”

The complaint also alleges that the rating agency defendants “failed to conduct due diligence and willingly assigned the highest ratings to such impaired instruments since they received substantial fees from the issuer.” The complaint alleges further that the rating agencies “issued the ratings based on an outdated methodology designed in about 2002.” The ratings were alleged to be misleading because the rating agencies “presumed that the loans were of high credit quality issues in compliance with the stated underwriting guidelines, when, in fact, Countrywide had systematically disregarded its stated Underwriting Guidelines.”

Mr. LaCroix notes in his blog, “As far as I am aware, the plaintiffs’ complaint in the HarborView Mortgage Loan Trust lawsuit represents the first occasion as part of the current subprime litigation wave where subprime investors have sought to hold the rating agencies liable for their ratings.”

On December 03, 2008, an Appellate Order was granted allowing the plaintiff to petition for leave to appeal is Plaintiffs' motion to remand.

On October 2, 2008, an Order was granted allowing plaintiff leave to petition the order denying motion to remand.

On September 24, 2008, an Opinion and Order was entered by the court denying the Plaintiffs' motion to remand.

On May 19, 2009, a Consolidated First Amended Securities Class Action Complaint and a Stipulation And Proposed Order Regarding Briefing Schedule was filed with the court.

INDUSTRY CLASSIFICATION:
SIC Code: 6189
Sector: Financial
Industry: Other (Mutual Fund)


COMPANY/ISSUER NAME: HarborView Mortgage Loan Trust
COMPANY/ISSUER TICKER:
COMPANY WEBSITE:

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
New Jersey Carpenters Vacation Fund, et al. v. HarborView Mortgage Trust, et al.
 COURT: S.D. New York  DOCKET NUMBER: 08-CV-5093
 JUDGE NAME: Hon. Harold Baer
 DATE FILED: 06/02/2008  SOURCE: 
 CLASS PERIOD START: 04/26/2006  CLASS PERIOD END: 10/03/2006
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Schoengold Sporn Laitman & Lometti PC
      19 Fulton Street, Suite 406, New York, NY, 10038
       (voice) (212) 964-0046, (fax) (212) 267-8137, shareholderrelations@spornlaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint For Violations Of The Federal Securities Laws
    Type: Complaint Date on the document: 6/2/2008
    Opinion and Order
    Type: Order Date on the document: 09/24/2008
    Order
    Type: Order Date on the document: 10/02/2008
    Appellate Order
    Type: Order Date on the document: 12/03/2008
    U.S. District Court Docket
    Type: Docket Date on the document: 12/03/2008

    REFERENCE COMPLAINT
    New Jersey Carpenters Vacation Fund And Boilermaker Blacksmith National Pension Trust, et al. v. HarborView Mortgage Loan Trust 2006-4, et al.
     COURT: S.D. New York  DOCKET NUMBER: 08-CV-5093
     JUDGE NAME: Hon. Harold Baer
     DATE FILED: 05/19/2009  SOURCE: 
     CLASS PERIOD START:   CLASS PERIOD END: 
     TYPE OF COMPLAINT: First Amended and Consolidated
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Cohen Milstein Sellers & Toll PLLC (New York)
      150 East 52nd Street, Thirtieth Floor, New York, NY, 10022
       (voice) 212.838.7797, (fax) 212.838.7797,
  • Cohen Milstein Sellers & Toll PLLC (Washington DC)
      1100 New York Avenue, N.W., Suite 500, West Tower, Washington, DC, 20005
       (voice) 202.408.4600, (fax) 202.408.4600,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Consolidated First Amended Securities Class Action Complaint
    Type: Complaint Date on the document: 05/19/2009
    Stipulation And Proposed Order Regarding Briefing Schedule
    Type: Other Date on the document: 05/19/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 09/21/2009

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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