Bank of America Stakes Claim On Colonial BancGroup Assets
August 13 2009 - 12:28PM
Dow Jones News
Bank of America Corp. (BAC) filed a lawsuit against Colonial
BancGroup Inc. (CNB) to protect its claim on Colonial loans in the
face of the Alabama bank's struggle to survive.
Bank of America, of Charlotte, acted as trustee for parties that
provided funding for Colonial's mortgage business, which is deeply
entangled with Taylor, Bean & Whitaker Mortgage Corp., a
Florida home-loan provider that ceased most operations last
week.
In a complaint filed Wednesday with the U.S. District Court of
the Southern District of Florida, in Miami, Bank of America said
Colonial received from Freddie Mac (FRE) proceeds in excess of $1
billion from loans funded with the help of Bank of America.
At the heart of Bank of America's complaint is Taylor Bean unit
Ocala Funding LLC. Ocala holds residential mortgages that are sold
to Freddie Mac, and Bank of America is Ocala's custodian, indenture
trustee, and collateral agent.
Give the doubts about Colonial's ability to fend off bankruptcy
protection, Bank of America demanded the Ocala loans, financed
through Colonial, as collateral for the proceeds Colonial allegedly
didn't pay. Colonial has so far refused to provide the loans, the
complaint alleges.
Bank of America isn't looking for cash, but wants to secure the
loans as collateral in case of Colonial's bankruptcy. "We are doing
our job as trustee," a Bank of America spokesman said.
Lisa Free, Colonial's director of investor relations, refused to
comment.
Bank of America alleges, among other claims, breach of contract,
unjust enrichment, and civil theft against Colonial and 10
individuals collectively referred to as John Doe.
Colonial is crucially short of capital, facing criminal charges
by the Department of Justice, and acting under cease-and-desist
orders from its regulators, which are deciding whether the Federal
Deposit Insurance Corp. should take the bank into receivership.
Over the past decade, Colonial grew from a small regional bank
to one of the nation's largest provider of funds for real estate
loans originated by other banks and mortgage firms. It forged a
close relationship with Taylor Bean, which earlier this year was
willing to provide Colonial with a capital infusion. The deal fell
apart, and last week Taylor Bean closed its mortgage-lending
business.
Colonial shares were down 2 cents at 50 cents around midday
Thursday in New York. Bank of America shares were up 4.8% at $16.69
amid a general increase for banking sector stocks.
-By Matthias Rieker, Dow Jones Newswires; 212-416-2471;
matthias.rieker@dowjones.com
(Marshall Eckblad contributed to this report.)