Lawsuit Overview
Settlement Overview
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Please be advised that your rights may be affected by this class action lawsuit if you purchased or otherwise acquired certificates pursuant or traceable to certain offerings and were damaged thereby if: (i) prior to December 2, 2008, you purchased or otherwise acquired any 2006 Certificates pursuant or traceable to the 2006 Offerings and were damaged thereby; or
(ii) prior to May 7, 2009, purchased or otherwise acquired any 2007 Certificates pursuant or traceable to the 2007 Offerings and were damaged thereby.
“2006 Offerings” means Morgan Stanley Mortgage Loan Trust 2006-4SL, Morgan Stanley Mortgage Loan Trust 2006-5AR, Morgan Stanley Mortgage Loan Trust 2006-6AR, Morgan Stanley Mortgage Loan Trust 2006-7, Morgan Stanley Mortgage Loan Trust 2006-8AR, Morgan Stanley Mortgage Loan Trust 2006-9AR, Morgan Stanley Mortgage Loan Trust 2006-10SL, Morgan Stanley Mortgage Loan Trust 2006-11, Morgan Stanley Mortgage Loan Trust 2006-12XS, Morgan Stanley Mortgage Loan Trust 2006-13ARX, Morgan Stanley Mortgage Loan Trust 2006-14SL, Morgan Stanley Mortgage Loan Trust 2006-15XS, and Morgan Stanley Mortgage Loan Trust 2006-16AX.
“2007 Offerings”3 means Morgan Stanley Mortgage Loan Trust 2006-17XS, Morgan Stanley Mortgage Loan Trust 2007-1XS, Morgan Stanley Mortgage Loan Trust 2007-2AX, Morgan Stanley Mortgage Loan Trust 2007-3XS, Morgan Stanley Mortgage Loan Trust 2007-4SL, Morgan Stanley Mortgage Loan Trust 2007-5AX, Morgan Stanley Mortgage Loan Trust 2007-6XS, Morgan Stanley Mortgage Loan Trust 2007-7AX, Morgan Stanley Mortgage Loan Trust 2007-8XS, Morgan Stanley Mortgage Loan Trust 2007-9SL, Morgan Stanley Mortgage Loan Trust 2007-10XS, Morgan Stanley Mortgage Loan Trust 2007-11AR, Morgan Stanley Mortgage Loan Trust 2007-12, Morgan Stanley Mortgage Loan Trust 2007-13, Morgan Stanley Mortgage Loan Trust 2007-14AR, and Morgan Stanley Mortgage Loan Trust 2007-15AR.
December 19, 2014 - The court approved the settlement, entered the orders approving the plan of allocation, the motion for attorneys' fees and expenses and dismissed the action with prejudice.
September 10, 2014 - The court preliminarily approved the settlement.
September 8, 2014 - Parties filed a stipulation of settlement.
January 31, 2013 - The lead plaintiff filed a fourth amended complaint.
January 11, 2013 - The court granted the lead plaintiff's motion for reconsideration and leave to file an amended complaint.
September 20, 2012 - The lead plaintiff filed a motion for reconsideration and for leave to amend.
July 16, 2012 - The court denied the defendants' motions to dismiss.
October 17, 2011 - The defendants filed motions to dismiss.
September 30, 2011 - The lead plaintiff filed a third amended complaint.
September 15, 2011 - The court granted in part and denied in part the defendants' motion to dismiss and granted lead plaintiff leave to file an amended complaint.
October 11, 2010 - The defendants filed a motion to dismiss.
September 10, 2010 - The lead plaintiffs filed a second amended complaint.
August 17, 2010 - The court granted in part and denied in part the defendants' motion to dismiss and granted lead plaintiff leave to file an amended complaint.
November 18, 2009 - The lead plaintiff filed a notice of dismissal of all claims against the 31 various trusts are hereby dismissed without prejudice.
November 16, 2009 - The remaining defendants filed a motion to dismiss.
November 12, 2009 - The defendants filed a notice of voluntary dismissal. According to the notice, the action is voluntarily dismissed, without prejudice against the various named Morgan Stanley Mortgage Loan Trust defendants.
September 15, 2009 - The lead plaintiff filed an amended consolidated complaint.
June 5, 2009 - A lead plaintiff motion was filed.
July 17, 2009 - The lead plaintiff and lead counsel were appointed and two cases were consolidated.
March 9, 2009 - The court granted the defendants' motion to transfer the case to the U.S. District Court for the Southern District of New York.
January 30, 2009 - The plaintiffs moved to remand to case back to the Superior Court of the State of California, County of Orange, but the defendants moved to transfer the case to the U.S. District Court for the Southern District of New York.
December 31, 2008 - The class action was removed from Orange County Superior Court to the U.S. District Court for the Central District of California.
December 2, 2008 - An investor in Morgan Stanley Capital I Inc Mortgage Pass-Through Certificates filed a proposed securities class action lawsuit in the Superior Court of the State of California, County of Orange, on behalf of all persons or entities who acquired the below stated Mortgage Pass-Through Certificates of Morgan Stanley Capital I Inc against Morgan Stanley over alleged violations of Federal Securities Laws. Investors of the following Morgan Stanley Capital Mortgage Pass-Through Certificates are affected:
Morgan Stanley Mortgage Loan Trust 2006-5AR
Morgan Stanley Mortgage Loan Trust 2007-2AX
Morgan Stanley Mortgage Loan Trust 2006-4SL
Morgan Stanley Mortgage Loan Trust 2007-1XS
Morgan Stanley Mortgage Loan Trust 2006-6AR
Morgan Stanley Mortgage Loan Trust 2007-3XS
Morgan Stanley Mortgage Loan Trust 2006-7
Morgan Stanley Mortgage Loan Trust 2007-5AX
Morgan Stanley Mortgage Loan Trust 2006-8AR
Morgan Stanley Mortgage Loan Trust 2007-4SL
Morgan Stanley Mortgage Loan Trust 2006-10SL
Morgan Stanley Mortgage Loan Trust 2007-6XS
Morgan Stanley Mortgage Loan Trust 2006-9AR
Morgan Stanley Mortgage Loan Trust 2007-7AX
Morgan Stanley Mortgage Loan Trust 2006-11
Morgan Stanley Mortgage Loan Trust 2007-8XS
Morgan Stanley Mortgage Loan Trust 2006-13ARX
Morgan Stanley Mortgage Loan Trust 2007-9SL
Morgan Stanley Mortgage Loan Trust 2006-12XS
Morgan Stanley Mortgage Loan Trust 2007-11AR
Morgan Stanley Mortgage Loan Trust 2006-14SL
Morgan Stanley Mortgage Loan Trust 2007-10XS
Morgan Stanley Mortgage Loan Trust 2006-15XS
Morgan Stanley Mortgage Loan Trust 2007-12
Morgan Stanley Mortgage Loan Trust 2006-16AX
Morgan Stanley Mortgage Loan Trust 2007-13
Morgan Stanley Mortgage Loan Trust 2006-17XS
Morgan Stanley Mortgage Loan Trust 2007-14AR
Morgan Stanley Mortgage Loan Trust 2007-15AR
According to the complaint the plaintiff alleges that Morgan Stanley Capital I Inc. and certain of its officers and directors, the issuers and underwriters of the above stated certificates and the rating agencies that rated these Certificates violated the Securities Act of 1933. The complaint alleges that on December 23, 2005 (with amendments on February 17, 2006 and March 14, 2006), Morgan Stanley Capital and the defendant issuers caused the Registration Statement to be filed with the SEC in connection with the issuance of billions of dollars of Certificates. And the Registration Statement omitted and/or misrepresented the fact that the sellers of the underlying mortgages to Morgan Stanley Capital were issuing many of the mortgage loans to borrowers who did not meet the prudent or maximum debt-to-income ratio purportedly required by the lender, did not provide adequate documentation to support the income and assets required for the lenders to approve and fund the mortgage loans pursuant to the lenders’ own guidelines, were steered to stated income/asset and low documentation mortgage loans by lenders, lenders’ correspondents or lenders’ agents, such as mortgage brokers, because the borrowers could not qualify for mortgage loans that required full documentation, and did not have the income required by the lenders’ own guidelines to afford the required mortgage payments which resulted in a mismatch between the amount loaned to the borrower and the capacity of the borrower, so the lawsuit.