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Partners Mortgage Corporation Investors Look to Trustees to Make Good On Promissory Notes

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Case ID: 2994 | Stocks | 07/28/2004

A class action has been filed against funding trustees Northwestern Trust and Investors Advisory Company and U.S. Bank, NA, by all persons who purchased securities in the form of promissory notes issued by Partners Mortgage Corporation (PMC) between November 7, 1997, and September 1, 2003. The action alleges that the trustees violated Washington-state securities laws by breaching their fiduciary duties to investors and allowing Partners to violate its own contracts. The investors seek to recover compensatory damages for the loss of value of their stock.

PMC was incorporated in Washington in 1995 to engage in the business of real estate investment. PMC Owner Gary L. Craig and his associates allegedly solicited purchasers and sold promissory notes pursuant to a private placement memorandum signed by the parties to the sale. Investors’ checks were made payable either to Northwestern Trust or U.S. Bank, NA. Investors were specifically assured in the memorandum that funds invested with PMC would be placed in trust and invested in real estate only if the investment properties in question met specific requirements.

The action alleges that the money was not invested in real estate that met the strict specifications of the memorandum. Instead, the funds were invested in highly speculative and high-risk real estate transactions which failed to perform. Northwestern Trust and U.S. Bank provided material assistance to Craig and his associates by allowing him access to the funds even though they allegedly knew that the investments he and his associates were making violated the memorandum’s specifications. The trustees allegedly allowed Craig to continue to sell promissory notes even though they were aware that he was making damaging breaches of investment promises and conditions.

On September 26, 2003, PMC filed for bankruptcy prior to the filing of this action. The action alleges that investors lost approximately $25 million, with individual losses ranging anywhere from a few thousand dollars to more than $1 million.


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