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NEW YORK (Reuters) – A advocate for an broker accumulation on Monday apprenticed a adjudicator to accept Coffer of America Corp’s (BAC.N) proposed $8.5 billion (£5.27 billion) adjustment over mortgage-backed balance that soured in the cyberbanking crisis, acquainted that not one broker testified adjoin the accordance in a nine-week proceeding.



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A woman walks accomplished as barter use ATMs at a Coffer of America cyberbanking centermost in New York’s cyberbanking commune January 17, 2013. REUTERS/Brendan McDermid



Kathy Patrick, a advocate for a accumulation of institutional investors who entered into the settlement, was accretion up the case in New York accompaniment cloister in Manhattan.

Bank of America agreed to the adjustment in June 2011 to boldness claims over base mortgage-backed balance issued by Countrywide Cyberbanking Corp, which the coffer acquired in 2008.



Twenty-two institutional investors, including BlackRock Inc (BLK.N), MetLife Inc (MET.N) and Allianz SE’s (ALVG.DE) Pacific Investment Management Co, active assimilate the accord.

Opponents of the settlement, whose numbers accept dwindled, are led by American International Accumulation Inc (AIG.N).

Justice Barbara Kapnick of New York Accompaniment Supreme Cloister charge adjudge whether to accept the deal, which would be bounden on all investors. It is cryptic back she will rule.

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In cloister on Monday, Patrick acicular out that, afterwards nine weeks of testimony, no broker had taken the angle and asked the adjudicator not to accept the settlement.

“How could you possibly adios this adjustment as absurd back not one of the investors has testified that it is,” Patrick, a accomplice with Houston-based Gibbs & Bruns, implored the judge.

Patrick’s closing account followed a accretion by Matthew Ingber, a advocate apery Coffer of New York Mellon, the trustee administering the securities, which additionally entered into the accord.

Objectors to the adjustment will present their closing arguments on Tuesday.

“Approval of this adjustment is a win for all affidavit holders,” Ingber told the judge. He said the proceeding had provided “overwhelming support” for the trustee’s accommodation to accede to the deal.

The $8.5 billion was “almost double” what Countrywide could possibly accept paid if the case was litigated, said Ingber, of the all-around law close Mayer Brown.

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Countrywide had a best of $4.8 billion in assets for a acumen on any claims, and some two dozen cloister decisions appearance Coffer of America acceptable would not be captivated amenable for Countrywide’s liability, Ingber said.

“If we didn’t lock in $3.7 billion added than Countrywide could pay beneath the best case scenario, we’d be lining up with every added plaintiff adjoin Countrywide,” Ingber said.

The adjustment additionally calls for some $3 billion account of improvements in accommodation servicing, including appointment high-risk loans to subservicers, Ingber said.

Opponents to the accordance now cardinal 15, bottomward from 44, Ingber said, and aggregate beneath than 7 percent of affidavit holders in the 530 trusts covered by the accord. The blow abutment the accordance through the trustee and broker group, he said.

In added words, 93 percent of balance holders abutment the settlement, the advocate argued.

The Federal Home Accommodation Banks of Boston, Chicago and Indianapolis withdrew their action on November 1, as did barrier armamentarium Cranberry Park.

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The attorneys accepted of New York and Delaware, who intervened in the case two years ago, said in May they would not block the deal.

Twenty-two assemblage testified and 235 abstracts were entered into affirmation during the nine-week proceeding, which has taken abode intermittently back June.

The $8.5 billion accordance has been beheld as a arrangement for added banks to put abaft them claims that they biased the affection of mortgages basal balance in the countdown to the cyberbanking crisis.

JPMorgan Chase & Co (JPM.N) on Friday said it agreed to pay $4.5 billion to achieve claims by investors who absent money on mortgage-backed balance issued by the coffer and Bear Stearns, which it took over in 2008.

The case is In re Coffer of New York Mellon New York Accompaniment Supreme Court, New York County, No. 651786/2011.

Reporting by Karen Freifeld; Editing by Phil Berlowitz and David Gregorio

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