Bank of America Corp. (BAC)’s board and some officers were sued by shareholders claiming they were hurt by false and misleading statements that hid defects in mortgage recording and foreclosure paperwork.
Bank of America “did not properly record many of its mortgages when originated or acquired, which severely complicated the foreclosure process when it became necessary,” according to the complaint filed today in New York state Supreme Court in Manhattan. The bank also concealed that it didn’t have adequate personnel to process the large numbers of foreclosed loans in its portfolio, the shareholders said.
The bank’s stock traded at inflated prices, reaching a high of $19.48 on April 15, 2010, and fell almost 42 percent after the problems were disclosed, according to the complaint.
The directors and officers also hid the bank’s involvement in “dollar rolling,” omitting billions of dollars in debt from its balance sheet, according to the complaint. Bank of America later admitted it wrongly classified the transactions as sales when they were secured borrowing, according to the complaint.
In October, after news of improprieties at Bank of America and other large banks, the Charlotte, North Carolina-based lender temporarily halted foreclosures and admitted to possible irregularities.
The investors accused the board and senior management of a breach of fiduciary duty, abuse of control, a waste of corporate assets, gross mismanagement and unjust enrichment.
Lawrence Grayson, a spokesman for Bank of America, had no immediate comment.
The case is Thomas O’Hare v. Brian T. Moynihan, 103729/2011, New York state Supreme Court (Manhattan).
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