D. Revelations Subsequent to the Offerings Show That the Originators
VIII. THE OFFERING DOCUMENTS CONTAINED UNTRUE STATEMENTS
235. The Offering Documents included material untrue statements or omitted facts
necessary to make the statements made, in light of the circumstances under which they were made, not misleading.
236. For purposes of Section 11 liability, the prospectus supplements are part of and
included in the registration statements of the offerings pursuant to 17 C.F.R. §§ 230.158, 230.430B (2008). See also Securities Offering Reform, 70 Fed. Reg. 44,722-01, 44,768-69 (Aug. 3, 2005).
237. Statements in the Offering Documents concerning the following subjects were
material and untrue at the time they were made: (1) the Originators’ evaluation of the borrower’s likelihood and capacity to repay the loan through application of the stated underwriting standards, including the calculation and use of an accurate “debt-to-income” ratio and the frequency and use of exceptions to those standards (2) adherence to stated underwriting
value” ratio for the mortgaged property and the accuracy of appraisals; and, (4) the existence of credit enhancement to minimize the risk of loss.
238. American Home Mortgage was the sole originator of loans in the HarborView
2006-14 and HarborView 2006-6 offerings. See HarborView 2006-14 Prospectus Supplement, Dec. 20, 2006, at S-3; HarborView 2006-6 Prospectus Supplement, June 27, 2006, at S-4. American Home Mortgage’s systematic disregard of its underwriting standards is detailed in Section VII.D.2 (supra).
239. First Franklin was the sole originator of loans in the First Franklin Mortgage Loan
Trust, Series 2006-FF16 offering. See First Franklin Mortgage Loan Trust, Series 2006-FF16 Prospectus Supplement, Nov. 16, 2006, at S-5.
240. Fremont was the primary originator of the loans in the Fremont Home Loan Trust
2006-3 and Fremont Home Loan Trust 2006-D offerings. See Fremont Home Loan Trust 2006-3 Prospectus Supplement, Sept. 29, 2006, at S-63; Fremont Home Loan Trust 2006-D Prospectus Supplement, July 11, 2006, at 40. Fremont’s systematic disregard of its underwriting standards is detailed in Section VII.D.4 (supra).
241. Countrywide originated all of the loans in the HarborView 2006-12 and
HarborView 2006-11 offerings. See HarborView 2006-12 Prospectus Supplement, Dec. 11, 2006, at S-25; HarborView 2006-11 Prospectus Supplement, Nov. 10, 2006, at S-33. Countrywide’s systematic disregard of its underwriting standards is detailed in Section VII.D.3 (supra).
242. IndyMac, BankUnited FSB, and American Home Mortgage originated a
substantial majority of the loans in the HarborView 2006-14 offering. No other originators contributed more than 10% of the loans to the offering. See HarborView 2006-14 Prospectus
Supplement, Dec. 20, 2006, at S-25. IndyMac’s systematic disregard of its underwriting standards is detailed in Section VII.D.6 (supra).
243. BankUnited, Paul Financial, and Residential Mortgage Capital originated a
substantial portion of the loans in the HarborView 2006-10 offering. See HarborView 2006-10 Prospectus Supplement, Nov. 10, 2006, at S-24.
244. Secured Bankers Mortgage Co. originated all of the loans in the HarborView
2006-SB1 offering. See HarborView 2006-SB1 Prospectus Supplement, Oct. 30, 2006, at S-20.
245. American Home, Countrywide, and Downey Savings & Loan originated a
substantial majority of the loans in the HarborView 2006-6 offering. No other lenders contributed more than 10% of the loans to the offering. See HarborView 2006-6 Prospectus Supplement, June 27, 2006, at S-23.
246. Homecomings, a wholly-owned subsidiary of Residential Funding, was a major
originator of loans for the Home Equity Loan Trust 2007-HSA2 offering. No other originators were named in the Offering Documents. See Home Equity Loan Trust 2007-HSA2 Prospectus Supplement, Apr. 25, 2007, at S-39. Homecomings’ systematic disregard of its underwriting standards is detailed in Section VII.D.5 (supra).
247. IndyMac originated all of the loans in the IndyMac INDX Mortgage Loan Trust
2006-AR35 and IndyMac INDX Mortgage Loan Trust 2006-AR6 offerings. No other originators were named in the offerings. See IndyMac INDX Mortgage Loan Trust 2006-AR35 Prospectus Supplement, Nov. 29, 2006, at S-66; IndyMac INDX Mortgage Loan Trust 2006- AR6 Prospectus Supplement, Apr. 26, 2006, at S-50. IndyMac’s systematic disregard of its underwriting standards is detailed in Section VII.D.6 (supra).
248. Washington Mutual Mortgage Securities Corp., purchased all of the loans that made up the pool of loans backing the certificates purchased by U.S. Central in the Luminent Mortgage Trust 2007-1 offering. See Luminent Mortgage Trust 2007-1 Prospectus Supplement, Jan. 24, 2007, at S-1. WaMu’s systematic disregard of its underwriting standards is detailed in Section VII.D.10 (supra).
249. Countrywide Home Loans originated nearly 90% of the loans in the Luminent
Mortgage Trust 2006-2 offering. See Luminent Mortgage Trust 2006-2, Feb. 14, 2006, at S-4. Countrywide’s systematic disregard of its underwriting standards is detailed in Section VII.D.3 (supra).
250. First National Bank of Nevada (“FNBN”) and Silver State Financial were the
primary originators in the Nomura HELT, Series 2007-1 offering. No other lenders contributed more than 10% of the loans in the offerings. See Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2007-1, Jan. 29, 2007, at S-3.
251. NovaStar Mortgage, Inc., originated or purchased all of the mortgage loans in the
NovaStar Mortgage Funding Trust, Series 2006-5 offering. See NovaStar Mortgage Funding Trust, Series 2006-5 Prospectus Supplement, Sept. 22, 2006, at S-77. Novastar’s systematic disregard of its underwriting practices is detailed in Section VII.D.8 (supra).
252. Saxon Mortgage was the primary originator of the SAST 2006-3 offering. No
other originator contributed more than 10% of the loans to this offering. See SAST 2006-3 Prospectus Supplement, Oct. 5, 2006, at S-37.
253. Option One mortgage originated all of the loans in the Soundview Home Loan
Supplement, May 4, 2007, at S-71. Option One’s systematic disregard of its underwriting practices is detailed in Section VII.D.7 (supra).
254. Wells Fargo originated all of the loans in the Soundview Home Loan Trust 2006-
WF2 offering. See Soundview Home Loan Trust 2006-WF2 Prospectus Supplement, Dec. 12, 2006, at S-37.
255. National City contributed 65.93% of the loans to the offering. Accredited Home
Lenders contributed 18.88% of the loans to the offering. WMC contributed 12.44% of the loans to the offering. No other lender contributed more than 10% of the loans to the offering. See Wachovia Mortgage Loan Trust, Series 2006-ALT1 Prospectus Supplement, Dec. 19, 2006, at S-33.
256. Examples of material untrue statements and/or omissions of fact in the Offering
Documents of the RMBS listed above follow.
A. Untrue Statements Concerning Evaluation of the Borrower’s Capacity and