Contact Information: CONTACT: Bernstein Litowitz Berger & Grossmann LLP David R. Stickney (858) 793-0070 Timothy A. DeLange (858) 793-0070
Bernstein Litowitz Berger & Grossmann LLP & Pond, Gadow & Tyler, P.A. Announce Filing of Class Action Suit Involving Mortgage Pass-Through Certificates of Merrill Lynch
NEW YORK, NY--(Marketwire - February 17, 2009) - Bernstein Litowitz Berger & Grossmann LLP
("BLB&G") and Pond, Gadow & Tyler, P.A. today announced that they filed a
class action lawsuit in the United States District Court for the Southern
District of New York on behalf of their client the Public Employees'
Retirement System of Mississippi and similarly situated purchasers of
Merrill Lynch Mortgage Investors, Inc. ("Merrill Lynch") Mortgage
Pass-Through Certificates (collectively, the "Certificates") pursuant
and/or traceable to the false and misleading December 21, 2005 Registration
Statement and Prospectus Supplements or the false and misleading February
2, 2007 Registration Statement and Prospectus Supplements.
The class includes purchasers of the following Certificates: First
Franklin Mortgage Loan Trust, Series 2007-Ffc; Merrill Lynch Alternative
Note Asset Trust, Series 2007-A2; Merrill Lynch Alternative Note Asset
Trust, Series 2007-A3; Merrill Lynch Alternative Note Asset Trust, Series
2007-Af1; Merrill Lynch Alternative Note Asset Trust, Series
2007-Oar2; Merrill Lynch Alternative Note Asset Trust,
Series 2007-Oar3; Merrill Lynch Alternative Note Asset Trust, Series
2007-Oar4; Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar5;
Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-1; Merrill
Lynch First Franklin Mortgage Loan Trust, Series 2007-2; Merrill Lynch
First Franklin Mortgage Loan Trust, Series 2007-3; Merrill Lynch First
Franklin Mortgage Loan Trust, Series 2007-4; Merrill Lynch First Franklin
Mortgage Loan Trust, Series 2007-5;Merrill Lynch First Franklin Mortgage
Loan Trust,
Series 2007-A; Merrill Lynch First Franklin Mortgage Loan Trust, Series
2007-H1; Merrill Lynch Mortgage Backed Securities Trust, Series 2007-2;
Merrill Lynch Mortgage Backed Securities Trust, Series 2007-3; Merrill
Lynch Mortgage Investors Trust, Series 2007-He2; Merrill Lynch Mortgage
Investors Trust, Series 2007-He3; Merrill Lynch Mortgage Investors Trust,
Series
2007-Mln1; Merrill Lynch Mortgage Investors Trust, Series 2007-Sd1; Merrill
Lynch Mortgage Investors Trust, Series 2007-Sl1; Merrill Lynch Mortgage
Investors Trust, Series Mlcc 2007-2; Merrill Lynch Mortgage Investors
Trust, Series Mlcc 2007-3; Specialty Underwriting And Residential Finance
Trust, Series 2007-Bc2; 2006-CB8 Trust; 2006-CB4 Trust; First Franklin
Mortgage Loan Trust, Series 2006-Ff18; First Franklin Mortgage Loan Trust,
Series 2007-Ff1; First Franklin Mortgage Loan Trust, Series 2007-Ff2; First
Franklin Mortgage Loan Trust, Series 2007-Ffa; Merrill Lynch Alternative
Note Asset Trust Series 2007-A1; Merrill Lynch Alternative Note Asset
Trust, Series 2007-F1; Merrill Lynch Alternative Note Asset Trust, Series
2007-Oar1; Merrill Lynch Mortgage Investors Trust, Series 2006-A2; Merrill
Lynch Mortgage Backed Securities Trust, Series 2007-1; Merrill Lynch
Mortgage Investors Trust, Series 2006-Sd1; Merrill Lynch Mortgage Investors
Trust Series 2006-A3; Merrill Lynch Mortgage Investors Trust Series
2006-A4; Merrill Lynch Mortgage Investors Trust Series 2006-Af1;Merrill
Lynch Mortgage Investors Trust, Series 2006-He5; Merrill Lynch Mortgage
Investors Trust, Series 2006-Mln1; Merrill Lynch Mortgage Investors Trust,
Series 2006-Opt1; Merrill Lynch Mortgage Investors Trust, Series 2006-Rm4;
Merrill Lynch Mortgage Investors Trust, Series 2006-Sd1; Merrill Lynch
Mortgage Investors Trust Series Mlcc 2006-3; Merrill Lynch Mortgage
Investors Trust Series Mlcc 2007-1; Merrill Lynch Mortgage Investors Trust,
Series
2006-Fm1; Merrill Lynch Mortgage Investors Trust Series 2006-Af2; Merrill
Lynch Mortgage Investors Trust, Series 2006-F1; Merrill Lynch Mortgage
Investors Trust, Series 2006-Ff1; Merrill Lynch Mortgage Investors Trust,
Series
2006-He6; Merrill Lynch Mortgage Investors Trust, Series 2006-Rm2; Merrill
Lynch Mortgage Investors Trust, Series 2006-Rm5; Merrill Lynch Mortgage
Investors Trust, Series 2006-Sl2; Merrill Lynch Mortgage Investors Trust,
Series
2007-He1; Merrill Lynch Mortgage Investors Trust Series Mlcc 2006-2; Ownit
Mortgage Loan Trust, Series 2006-4; Ownit Mortgage Loan Trust, Series
2006-5; Specialty Underwriting And Residential Finance Trust, Series
2006-Ab2; Merrill Lynch Mortgage Investors Trust, Series 2006-Ahl1; Merrill
Lynch Mortgage Investors Trust, Series 2006-Ar1; Merrill Lynch Mortgage
Investors Trust, Series 2006-He2; Merrill Lynch Mortgage Investors Trust,
Series
2006-He3; Merrill Lynch Mortgage Investors Trust, Series 2006-He4; Merrill
Lynch Mortgage Investors Trust, Series 2006-Rm3; Ownit Mortgage Loan Trust,
Series 2006-7; Ownit Mortgage Loan Trust, Series 2006-3; Ownit Mortgage
Loan Trust, Series 2006-6; Specialty Underwriting And Residential Finance
Trust, Series 2006-Ab3; Specialty Underwriting And Residential Finance
Trust, Series 2006-Bc4; Specialty Underwriting And Residential Finance
Trust, Series 2006-Bc3; Specialty Underwriting And Residential Finance
Trust, Series 2006-Bc5; Specialty Underwriting And Residential Finance
Trust, Series 2007-Ab1; and Specialty Underwriting And Residential Finance
Trust, Series 2007-Bc1.
The complaint alleges that on December 21, 2005, and February 2, 2007,
defendants caused two Registration Statements to be filed with the SEC in
connection with and for the purpose of issuing billions of dollars of
Certificates. The Certificates were issued pursuant to the Prospectus
Supplements, each of which was incorporated into one of the Registration
Statements. The Certificates were supported by pools of mortgage loans.
According to the complaint, the Offering Documents included false
statements and/or omissions about: (i) the underwriting standards used by
the loan originators; (ii) the standards and guidelines used by Merrill
Lynch when evaluating and acquiring the loans; (iii) the appraisal
standards used to value the properties collateralizing the loans, and the
corresponding loan-to-value ratios of the loans; (iv) the credit
enhancement supporting the loan securitization process; and (v) the
pre-established ratings assigned to each tranche of Certificates issued
pursuant to the offering documents.
Ultimately, the truth about the performance of the mortgage loans that
secured the Certificates began to be revealed to the public, increasing the
risk of the Certificates receiving less cash flow in the future and the
likelihood that investors would not receive it on a timely basis. The
credit rating agencies also began to put negative watch labels on the
Certificates, ultimately downgrading many. As a result, the Certificates
are no longer marketable at prices near the price paid for them, and the
holders of the Certificates are exposed to much more risk with respect to
both the timing and absolute cash flow to be received than the Offering
Documents represented.
The complaint alleges that Merrill Lynch, certain of its officers and
directors and the issuers and underwriters of the Certificates violated
Sections 11, 12 and 15 of the Securities Act of 1933. Plaintiff seeks to
recover damages on behalf of all purchasers of the Certificates listed
above (the "Class").
If you wish to serve as lead plaintiff, you must move the Court no later
than 60 days from today. If you wish to discuss this action or have any
questions concerning this notice or your rights or interests, please
contact David R. Stickney or Timothy A. DeLange of BLB&G at (858) 793-0070
or via e-mail at davids@blbglaw.com or timothyd@blbglaw.com. You can view
a copy of the Complaint as filed and this notice online at
http://www.blbglaw.com. Any member of the class may move the Court to
serve as lead plaintiff through counsel of their choice, or may choose to
do nothing and remain a member of the proposed class.