Judge Rules Landmark Lawsuit, First to Link Bundling of Mortgage-Backed Securities and Racial Discrimination, Can Proceed
July 25, 2013
FOR IMMEDIATE RELEASE
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NEW YORK – A federal court today ruled that a landmark discrimination lawsuit against Morgan Stanley can move forward. Judge Harold Baer denied in part the investment bank’s motion to dismiss the case, which alleges Morgan Stanley violated the Fair Housing Act (FHA) by encouraging lenders to push high-risk mortgage loans on African-American borrowers.
The American Civil Liberties Union, the ACLU of Michigan, the National Consumer Law Center, and the firm of Lieff Cabraser Heimann & Bernstein filed the lawsuit in October on behalf of Michigan Legal Services and five African-American homeowners in Detroit who were victims of Morgan Stanley’s practice of purchasing and financing predatory mortgages, which were later bundled into mortgage-backed securities.
“Targeting communities of color with predatory loans is not acceptable. Morgan Stanley is not above the law,” said ACLU Executive Director Anthony D. Romero. “Today’s ruling affirms that Wall Street banks must comply with civil rights laws, and that they will be held accountable if they do not.”
The lawsuit is the first to connect racial discrimination to the securitization of mortgage-backed securities. It is also the first case where the plaintiffs, on behalf of themselves and an entire class of victimized homeowners, are suing an investment bank directly rather than the subprime lender whose loans the bank bought. Morgan Stanley was the principal financier of the now-defunct New Century Mortgage Corp., and orchestrated New Century’s focus on dangerous loans that placed many homeowners on a path to foreclosure.