Bank of America readies for losses due to litigation

WASHINGTON — A U.S. attorney plans to recommend that the Justice Department file a civil lawsuit against Bank of America over its bundling of home loans into securities, the bank said Wednesday in a regulatory filing.

The disclosure is the latest sign that federal prosecutors remain steadfast in their efforts to hold big banks accountable for any misconduct. It arrives as the Justice Department is negotiating a possible $13 billion settlement with JPMorgan Chase over bad mortgages, according to people familiar with the discussions who were not authorized to speak publicly. The department plans to use the case as a blueprint for reaching similar deals with other banks.

In a quarterly filing Wednesday, Bank of America said a group of state and federal prosecutors is investigating its purchase, packaging and underwriting of home loans and residential mortgage-backed securities.

No formal charges have been filed against the bank, and the Justice Department and Bank of America declined to comment on whether a lawsuit is in the making.

The nation’s second-largest bank said it received a number of subpoenas in the third quarter from government authorities regarding its mortgage securities business. In light of the new legal troubles, the bank said losses tied to litigation could soar to as much as $5.1 billion, nearly double the $2.8 billion it projected previously.

Much of Bank of America’s legal troubles are tied to its $2.5 billion purchase in 2008 of Countrywide Financial, once one of the nation’s largest home lenders. Bank officials say the ailing lender has cost the bank $40 billion in mortgage litigation and repurchases of soured loans.

And Bank of America could face fines of up to $848.2 million after being found liable for fraud this past week over thousands of defective mortgages sold by Countrywide. U.S. District Judge Jed Rakoff must decide on the penalty. Officials at the bank said the company is evaluating its options for appealing that decision.