Fannie Mae Class Action Lawsuit Filed for Investors

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A lawsuit has been filed against four former executives of Fannie Mae, claiming that they made false statements and failed to disclose material facts during the months leading up to the U.S. government’s seizure of the company last week. The Fannie Mae lawsuit seeks class action status on behalf of all investors who purchased securities between November 16, 2007, and September 5, 2008.

Fannie Mae is a government sponsored company that was privately owned and operated until last week when the federal government seized control to prevent the collapse of the mortgage industry. Along with Freddie Mac, another similar company, Fannie Mae owns or guarantees about half of the $12 trillion U.S. home loan market by providing mortgages for properties.

On Sunday, September 7, 2008, Fannie Mae was taken over and put under a conservatorship of the Federal Housing Finance Agency. Following the action, shares are now trading at less than $1, which is more than an 80% drop from Friday’s closing price.

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The Fannie Mae class action suit, which was filed in the U.S. District Court for the Southern District of New York , alleges that the former chairman of the company, former chief executive officer, former chief financial officer and former chief business officer made false and misleading statements about the financial condition of Fannie Mae to create inflated stock prices and protect their substantial financial compensation packages.

According to the lawsuit, CEO Daniel Mudd received over $14 million in compensation in 2006 and $12 million in 2007; chief business officer Robert Levin received over $9.5 million in 2006 and over $8.4 million in 2007; CFO Stephen Swad received over $4.8 million in 2007; and chairman of the board Stephen Ashley received over $500,000 in 2007.

Fannie Mae was severely affected by the sub-prime mortgage crisis in late 2007 and early 2008. Borrowers with poor credit defaulted on mortgages, leading to a sharp fall in demand for mortgage-backed securities that were not backed by Fannie Mae or Freddie Mac. This led to the companies becoming responsible for nearly 80% of all new mortgages.

A decline in home prices resulted from increasing foreclosures on mortgaged homes and stricter lending requirements made borrowing money for housing purchases more difficult. Fannie Mae suffered huge financial losses as its stock value fell more than 90% in August 2008 from the one year previous level.

The class action Fannie Mae lawsuit alleges that the four executives made false statements about the company’s financial position and the capital raised in Fall 2007 and Spring 2008. It also claims that they failed to disclose adverse facts to the public, deceived investors about the company’s business and prospects and artificially raised the company’s publicly traded securities, causing investors to buy stock at the inflated prices.

Tags: Fannie Mae, Freddie Mac, Mortgage Crisis
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87 Comments

Hilda
In today’s Washington Post Fannie Mae has earned ‘big bucks…in the billions. What about us…the preferred bondholders who lost our money…mine in a 3 month period. This money was supposed to be safe and secure.
Chester
I have Losses in both Fannie Mae and Freddie Mac ,I would Like to recover my loss +any other damages we can find.
ronald
what happ to the help on saving homeowners from losing there home……i lost mine
stephanie
This has been a problem long before 2007-2008 or what have you,I bought a trailer back in 2002 and Fannie Mae was dealing with Bank of America I had a $80,000 Dollar trailer with a $669.00 a mth and the trailer looked as if it wasn’t as much as they charged me.I didn’t know who to contact at that time and I was a single parent with two kids and had to pay for this myself,I had to try and struggle for 30yrs. to pay this off,but ended up losing my home I couldn’t afford to pay it off,I was promised that my payments would be $425.00 a month but my payments kept going up and went all the way to $669.oo a month i hope fannie Mae get what they deserves and the people get what they need,I wish I could have gotten in on the deal.
Carrie J
I and my husband invested $95,000.00 of our life’s saving-retirement into Fannie Mae because we listen to a Bank of America Financial Advisor who should have known May 14, 2008.
ed
Where is contact info for current class action against FRE and FNM? Thanks.
James
When are we all going to get together in a civil suit against these crooks? How can the retail investors who relied on their public statements recover part of their losses?
andrew
i bought 100,000 worth of fannie mae stock back in 08 now its worthless thanks to my broker how can i get involved in the class action lawsuite that i am hearing about
JAACK
No one on Washington cares one TINY LITTLE bit about anyone who lost money on FMA; FRE nor SAL MAE. They turn their backs on investors and care NOTHING about us the people keeping these Crooks in office. We need to clean house and bring REAL ETHICS back to government!
joshua
I have just bought a home a month ago and just found it was contaminated by methand was not anywhere in the paper when i bought the house it was bought from fanny mae/ freddie mac and nobody will do anything to help the loan is now with utah housing and they will not help there was a drug bust in 2008 that was not reported to the heath department it did not make it past west valley pd what what has happend to our government and how did this get missed
Shirley
I purchased FNM PRS April 2008. Does anyone know the current status of the class action suit and who I can call to participate in the suit?
bob
I have a arbitration hearing acussing the boker of selling me a insporptste invrstment and agaist Wells fargo for non supevisions as the investment was not suitable for someone on SSD. And based on their telling me it was backed by the Govt. Also that the underwriters should have been aware that they where undercapilize and there were flase statements made. Anyone who can send me a smilar story will help my case- which if I win will open the door for everyone else to sue.
Julia
I purchased 1200 shares of fanny mae and freddie mac stock trough Wells Fargo Investment in 2008. I was ashured that this was a sound investment and my retirement funds would yeild a 7.25% dividend that I could count on to live on. Iwas mislead by Wells Fargo personel, being led to believe that my investment was insured and that I could not loose my money. It seems Wells Fargo has used both selling stock and loaning money to take advantage of unwarry citizens and rob them of their hard earned retirement money. Please include me in any future class action suit. The banks are not to big to fail, they need to be accountable for their incompitancs!
Raj
I also bought Fannie Mae Preferred stock back in 08 and wek later went to $1.00. How can I become part of the law suit
Bonnie
As other comments posted my Broker assured me my investments in Fannie & Freddie were secure and backed by the government – needless to say over 1/3 of my savings went out the window. I feel that the goverment should have bailed out the preferred stockholders instead of paying legal fees, bonuses, etc. to the people responsible for this fiasco. My grandaughter has lost her house to foreclosure and looks like the same is going to happen to my daughter even though both have been involved in every program out there to save their homes – I am 70 – widowed and cannot help them financially – can’t sell the real estate I still own because of the downturn – I would definetely join in a class action suit.
Richard
I would like to Government to reset my mortgage lower by just the money they took from me by nationalizing my FRE and FNM. That is only fair since they too my 401k to zero. I am not delinquent on my payments yet. Such a decision by President and Congress would be a true step forward in helping real American home buyers and reducing mortgage debt. Why must we sue honest investment companies like Edward Jones and not the Government who misled us? Where is the real Government help for us relayed on its integrity?
David
I purchased 790 shares plus 445 shares of FNMA 8.25% Pfd stock in two separate transactions on 12/26/07. Is there a way for me to recover my losses?
howard
I do the investing for my elderly parents who are no longer able to make any rational decisions for themselves. They have 24 hour home care which is very expensive. I was advised by our Morgan Stanley broker that the 2000 shares of FNM preferred bought May 2008 were safe,triple A rated and the dividend was safe. The investment is now virtually worthless. Would be interested in joining any class action suit.
J. Hanson
would like to be included in the class action litigation
Gerald
We lost 40K by owning FANNIE MAE series S preferred stock. How do we join a class action law suite? I’ve tried to locate an attorney on several occasions over the last couple of years and we’ve found no one willing to assist us. What is the status of those that were able to file a couple of years ago?
Jack
30M in fnm losses I’ll sue Clinton bush Obama or any1 else responsible for my losses.
Ed
What is the status of the class action suit?
Frank
How can we contact someone to participate in the lawsuit against Freddie Mac and Fannie Mae?
Melissa
I also put much of my IRA and retirement savings into Fannie Mae, based on their special status as a government sponsored entity. I don’t see how the government takeover could possibly be legal, particularly when we see other entities, like the “too big to fail” banks which had no special status as GSE’s being at least allowed to potentially regain their shareholder’s value. I agree that the lawsuit should be against the U.S. Treasury, and I would like to join.
Constance
I had purchaced Fannie Mae which I was told was a secure government backed mortgage fund. I purchased it thinking it was secure because it was backed by our government. I put a lot of my money into it. And I have lost a lot.
Lenore
How do I get in on the class action lawsuit? I own preferred stock in Fannie Mae that is worth nothing now.
Gerald
We purchased 1600 shares of Fannie Mae preferred (FNMPRS) through our broker at Smith Barney in April 2008. We would like to join a class action lawsuit .
lola
I WOULD LIKE TO KNOW ABOUT ANY CLASS ACTION SUITS AGAINST FNM AND FRE THAT I CAN JOIN. I WAS ADVISED BY BROKER AT MORGAN STANLEY TO PURCHASE THESE AS THEY SAFE BECAUSE THEY WERE INSURED BY GOV.
Peter
After researching all aspects of the risk in purchasing FNM stock, including reviewing FNM’s financial statements and monthly progress report pointing to sound finical condition and adequate reserve, I purchased $50,000 worth of FNM stock only to see my investment declined in value to a mere $5000 on September 8 2008, after the previous days proclamation by Tresury Secretaty Paulson indicating the Tresury’s plan to take over FNM via a concervatorship. I would like to participate in any class action law suite
Gayle
Please let me know where or who to file with for shares of FNM.T Thanks
Art
I would like to join class action suits against FNM and FRE.
Linda
I would like to join class action suits against FNM and FRE.
antonio
I bought the FNMA 8.25% Pfd T. I havent received any information on the situation of this position. Could you help me and give me information on the status of this investment? Nobody in the FNMA office knows anything. Please advice, thanks, Antonio
Gary
I would like to be included in any lawsuits on behalf of preferred shareholders of FNM and FRE. I bought shares of FNM PRR on 4/1/08 and 1/23/08, and shares of FRE PRY on 4/28/08, relying on information that these companies had the full support of the US government and also from the credit rating agencies ratings of AAA.
Richard
I was encouraged by my broker to buy the FNMPFD. Obviously, Wachovia nor any of the mentioned above brokerages did any due diligence before touting those issues. Include me in any class action suit. That broker was first Prudential, then Wachovia and now Wells Fargo. Any chance they will change again. I would if i were them.
Hewitt
When I purchased bothFannie and Freddie preferred on Jan. 4, 2008 I was let to believe by my broker, Wachovia Secutities and by my belief that both Fannie Mae and Freddie Mac preferred stocks were underwritten by the federal govrernment of the United States of America. It certainly was implied and presented as a quasi-goverment instition. I feel as many other investors do that I have been deceived by these Federal agencies and by the Officiers of these Government Institutions. Please include me also in the class action lawsuit. Thank you.
Richard
Recently, I finally sold my 9700 common shares of FNM and FRE at a fraction of what I invested bringing my life savings and retirement down by over $80,000. I invested based on the statements that they would not be allowed to fail. I am a retired disabled veteran and federal civil servant now looking at a zero balance retirement savings in less that four years. Evidently there is no value in a government statement of not letting a fund fail and letting the investor equity go to zero. Thank you Barney Frankenstein. Please include me in the lawsuit as I do not plan to let the government help me fail either. N
Joan
We purchased 52K Fannie Mae 8.25% PFD in late May and early June 2008, with the assurance of our broker (Charles Schwab) that this was a totally safe investment. How it could it not be, since it was backed by the US government? By September 2008 we had lost not only the income from this investment, but our principal was worth 4K. We are Senior citizens and this was a huge part of our life savings. We are definitely interested in being a part of any class action lawsuit.
Robert
What is the current status of the class action lawsuit that was filed on Sept 8,2008 on behalf of all investors who purchased stock in fannie Mae during the period Nov 16,2007 and Sept. 5,2008 Is the suit still pending?
Robert
Having owned preferred stock in Fannie Mae during the period referenced in the Class Action suite, why wouldn’t I automatically be included as a Plaintiff in this suit?
ROBERT
on 9/5/09 I bought 1000 shs of FNA, “ASSN FOR FUTURE ISSUES SEE 31359C NON CUMUL” at $16.47. on 9/4/09 I bought 500 shs of FNMPRT preferred @ $13.52 “SERIES T 8.25% PERPETUA. In addtion I bought 700 shs of FNM @ $7.47 on 8/28/09. I would like to be included in any Class Action to have an opportunity to recover my investment.
simon
to all of the Investors on this page, We are homeowners who were ticked into a refinance by an overappraisal of our home.. The Lender sold our Note to an unnamed Investor – and Wells Fargo is trying to foreclose on us. We discovered the fraud, and rescinded the loan, but Wells Fargo did everything it could to damage our finances and credt so we could lose the home – we don’t qualify for legal help and we can’t afford an attorney. We are not eligible for Class Action under the Truth in Lending Act. We want the Investors to know that a corporation called MERSCORP is owned by the Banks and Fannie Mae, Freddie Mac, etc – every mortgage that names MERS as nominee was made under fraudulent misrepresentation. MERS is not just the nominee of the Lender as the borrowers agreed; MERS is the agent for every lender and Fannie Mae – if a borrower discovers fraud, MERS files instant assignment to whatever entity it choose, including itself, to be able to claim non-liability (assignees are not liable to the borrower for loan fraud or predatory lending). The Assignee then forecloses on the borrower or makes them sign up for a new loan under Fannie, Freddie, etc – but this new loan give no right to the borrowers under consumer laws. It is a scam, so many people lost and losing their homes. YOU, the Investor, are told that the reason the loans defaulted is because of the borrowers’ irresponsibility – it is not true. We are given no way to contact the Noteholders, only the MERS members like Fannie Mae, Wells Fargo, etc can contact you, and give you their untrue reasons behind why your securities are non-performing. The homeowners need help to bring the fraudsters to justice. If you happen to own a security that is non-performing and know if it was mortgage-backed, please try to get in touch with the borrowers on the notes – we cannot contact you, the Note sellers won’t give us any information – please don’t blame the borrowers, it was the banks that wanted your money so bad that they were willing to risk peoples’ homes for it. If you are an investor and have a MERS mortgage, get out of it asap – we think the investors’ home are next.
Neal
My experience is the same as many of you. Purchased thousands of preferred shares for retirement (A+ rating) then lost virtually everything during a single weekend when the government decided to take over and stop the dividend. Nothing like this has ever happened in modern times and there had to be incompetence/ corruption involved throughout the system from the rating agencies, to company officers, brokers and even government officials. I’ve written congressmen but no replies. I think the Fannie/Freddie debockle in many ways was as bad as Maddorf but no one in gov. seems to care.
Kent
Lack of oversight did a huge disservice to the investments of thousands of investors. Those responsible for this need to be held responsible, and the losses need to be compensated for.
leslie
my broker told me I’d have goood income if I switched from my solid mutual fund to Fannie Mae Preffered . Within 352- a week, everything was GONE. My life savings.He said it was GUARANTEED by the government, or I would have never considered it. I want to sue whoever I can!!!!!!
Rich
My wife and I purchased 4000 shares during this time period. We put half of our life savings in Fannie Mae and were assure by Raymond James that we would not lose our investment because it was backed by the government. They said the principal could fluctuate a little but it always paid the interest since it was a preffered stock and basically a loan to Fannie Mae for a fixed period and for a fixed interest rate. I believe it was illegal for the government to stop paying this interest when they took over. I could understand the normal stocks for not paying interest because they are based on the profitability of the company. The coruption that was going on made it look like it was a good investment. In the mean time, political donations where being made to made to politicians and ungodly salaries were being paid to company executives. It all seems like a cover up to me since everyone who was getting money was not going to say anything. We would like to be a part of a class action that seeks to recover funds from these illegal activities.
Bruce
Bill from 7/17 makes reference to a blog I wrote Re: the Agencies. Here are two more for interested parties. They are buying in Subordinated notes that have a legal standing not far from the Preferred stock. This is most unusual. The second is a discussion about market activity in the Preferred shares. This is speculation on my part, so please do not get excited. Moodys did a report this week and said that it was their expectation that FNM/FRE would be shuttered in less than 18 months. The say that debt obligations of the Agencies are ‘money good’ (they are). There is no comment on what may happen to the common and pref holders if and when they are merged with Fannie Mae/FHA. On an economic basis the Pref and Common shares have no value. But this is not your everyday bankruptcy. As many of the comments indicate the holders of the equity of the Agencies were misled by management and gvmt officials. I think it is possible that D.C. Will through a bone to shareholders when the Agencies are shuttered. Beware, it is likely to be a small bone. http://brucekrasting.blogspot.com/2009/07/freddie-buys-in-its-sub-debt-heinous.html http://brucekrasting.blogspot.com/2009/07/agency-preferred-stock-whos-buying.html
RAYMOND
I PURCHASED 4500 SHS OF FNM and 5000 SHS OF FRE ON JULY 23,2008 BASED UPON US TREASURY SECRETARY HENRY PAULSON’S STATEMENT,”HE’S BEEN ASSURED BY THE REGULATOR FOR FANNIE MAE AND FREDDIE MAC THAT THE TWO GOVERNMENT CHARTERED MORTGAGE COMPANIES HAVE ENOUGH CAPITAL AND THEY ARE ADEQUATELY CAPITALIZED.” JULY 10 (BLOOMBERG)
Bill
I hold 2000 shares of 8.25% preferred acquired @ par just a few months prior to Fannie going into receivership. I recommend that you look at a recent article on the Seeking Alpha website by Bruce Krasting. He suggests that the last $2 bil offering was sold with a “wink and a nod. (“the governments behind it and the yield is super!”)” He notes that the underwriting fees were .7874% ($63mm), two years earlier the fees were .25% for a similar offering. It is not likely that the underwriters kept much of this stuff, and is also unlikely that it was sold to in-house customers.
Sherre
I don’t see where anyone has found out how to get on this lawsuit if they were advised by broker to buy Fannie Mae Preferred stock as “guaranteed” 11% yield just before it tanked. The broker contacted me for this transaction and it was a substantial part of my portfolio. I look at this transaction for me as the Madoff was to his clients.
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