Bank of America's Countrywide Problem

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MarketWatch First Take

Dec. 16, 2010, 11:39 a.m. EST

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Mark Zuckerberg: "?Person of the Year'

The Countrywide albatross at B of A

By MarketWatch

NEW YORK (MarketWatch) "� Bank of America Corp. and its investors continue to deal with the recurring nightmare of its acquisitive history.

Reports earlier this week revealed that Bank of America /quotes/comstock/13*!bac/quotes/nls/bac (BAC 12.58, +0.29, +2.36%)  has entered in settlement talks with at least 17 investors who have sued the bank over flawed mortgages. Read Wall Street Journal report.

Reuters President and CEO of the Bank of America Brian Moynihan

At first glance, the takeaway suggests B. of A. and its chief executive, Brian Moynihan, are backing down from earlier tough talk that the bank would put up a fight on every mortgage challenged. Read earlier report on Moynihan's remarks.

But, if anything, the talks shouldn't come as a surprise given the possibility of a protracted and costly fight in the courts and the muscle of the investors challenging the bank. Among them: Blackrock Inc. /quotes/comstock/13*!blk/quotes/nls/blk (BLK 181.82, +0.92, +0.51%)  , Pimco, Freddie Mac and the Federal Reserve. Read MarketBeat post on market reaction today.

Taking a step back, one has to wonder if this effort to end the hostilities represents the end of post-acquisition problems following the bank's troubled acquisitions of Countrywide Financial, where the mortgages in question were serviced or originated, and Merrill Lynch.

The Countrywide deal has turned especially sour. B. of A. paid $4 billion in stock for the mortgage company in 2008. Since then, the unit has shed more than 7,000 jobs along with revenue and net income. It's been a target of activists who say the bank lags when it comes to mortgage modification.

Merrill and Countrywide, deals made when the bank appeared to underappreciate the gravity of the financial crisis, continue to be an enduring legacy of the wrong kind at B. of A.

The talks may lead to resolution of this issue, but will it ever be over?

"� David Weidner

Merrill and Countrywide, deals made when the bank appeared to under appreciate the gravity of the financial crisis, continue to be an enduring legacy of the wrong kind at B. of A.

11:39 a.m. Today11:39 a.m. Dec. 16, 2010

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