JSArbitrage, you make some fair points.
I find it unfortunate that the government has taken little civil and criminal action. I think that would be for the good of the country.
Here's a good article on the case:
http://newsandinsight.thomsonreuters.com/Legal/News/ViewNews.aspx?id=34198
And a recent Walnut Place court filing which includes their legal argument:
http://newsandinsight.thomsonreuters.com/uploadedFiles/Reuters_Content/2011/12_-_December/walnutvcountrywide--MTDresponse.pdf
I'm not so sure whether much good for the country will come out of this legal battle. I read through the above filing and was left with the feeling it just seems to come down to lawyers using very fine legalese to battle over money. One excerpt from page 6 of the Walnut Place argument:
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The Walnut Place entities own securities issued by two of Countrywide's trusts. Concerned by widespread reports about the poor quality of Countrywide's loans, Walnut Place spent many hundreds and thousands of dollars to investigate the true quality of the loans in the two trusts. It found that hundreds of loans in each trust were not of good quality and breached several of the representations and warranties that countrywide had made about them.
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At this point I wish they had inserted, "We were shocked, I tell you, shocked!"
On page 12 of the document a crucial argument is discussed, which is what comprises an "Event of Default." I'm no expert, but on a cursory reading I don't buy the Walnut Place argument on that question from a "common sense" reading of the paragraph, which is not to say that they can't prove their point with enough legal argument, which they provide aplenty.