Goldstone/Simmons Response to SEC Charges

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    FORMER TMST, INC. (f/k/a THORNBURG MORTGAGE) EXECUTIVES

    RESPOND TO SEC LAWSUIT

    Santa Fe, New Mexico, March 13, 2012 Larry Goldstone and Clay

    Simmons, the former CEO and CFO of TMST, Inc., (formerly known as

    Thornburg Mortgage), respectively, responded today to the filing of a civil

    lawsuit against them by the U.S. Securities and Exchange Commission.

    Goldstone and Simmons believe the action is wholly without merit. They have

    refused to settle the matter with the SEC, as they do not believe that their

    actions or the factual record support the SECs allegations. Instead, they will

    vigorously defend themselves in court, certain they will prevail. TMST was the

    nations second largest independent mortgage originator and became a

    casualty of the 2008 financial crisis when it was forced to file for bankruptcy in

    May 2009 after its lenders refused to continue to extend credit because of

    their own financial difficulties.

    We are profoundly disappointed by the SECs lawsuit, which is based on

    unfounded claims, emails taken out of context and inaccurate interpretations

    of managements actions surrounding the companys financial filings at the

    height of the financial crisis in February and March 2008. The SECs case

    singles out and punishes us for not having the clairvoyance to anticipate an

    unprecedented financial system crisis. It is worth noting that this same crisis

    was not foreseen by two Secretaries of the Treasury, two Chairmen of the

    Federal Reserve, the Chairman of the SEC, and the heads of major public and

    private financial institutions across the globe. Any fair and objective

    assessment of our actions during that time shows that the SECs allegations

    against us have no merit, said Goldstone and Simmons. In its zealousness to

    find people to blame for the financial crisis, the SEC has brought a case based

    on hindsight that is not supported by the facts, unwinnable in court, and

    profoundly unfair.

    The key facts include the following:

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    The Companys 2007 10-K filing fully disclosed all relevant

    information in clear terms, providing robust and extraordinary

    disclosure about the margin calls that TMST had received, and more

    importantly, about the risks of future margin calls and the possible

    need to sell assets. The Recent Developments section of the 10-K

    was highly unusual because of its explicit disclosures about the

    threats to the companys business from unprecedented market

    events. The market clearly understood the gravity of TMSTs

    disclosure; there was a precipitous drop in stock price that day.

    KPMG, the companys auditor, conducted a review of the

    circumstances surrounding TMSTs financial statements at the time

    and stated that it had no concerns about managements integrity,

    that it had found no material weaknesses in the companys internal

    controls, and that the restatement of TMSTs financials resulted from

    an error in judgment about the impact of rapidly changing and

    illiquid credit markets on the companys financial condition and not

    from fraud on the part of management.

    Goldstone and Simmons communicated candidly and forthrightly with

    investors while they waged an 18-month battle to save the company

    and hundreds of jobs in New Mexico during a period of

    unprecedented market turmoil. In fact, under their leadership, TMST

    explicitly warned investors about the volatility of the mortgage

    securities market and the threats to its business from highly

    uncertain market conditions at that time.

    Goldstone and Simmons share a long-standing reputation as industry

    leaders who conducted themselves at all times with integrity,transparency, and good corporate stewardship. Under their

    leadership, TMST became an industry leader renowned for its high

    quality lending, which created a portfolio of loans and mortgage

    securities of outstanding credit quality whose delinquency rates

    remain well below the industry average.

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    Goldstone and Simmons were so well respected by the industry and

    the investment community that they raised nearly $2 billion through

    a series of stock and bond offerings even as other larger mortgage

    companies and global financial institutions collapsed around them.

    The SECs charges focus solely on one filing and a two-week period in

    late February and early March 2008, and rests on hindsight judgment

    about what Goldstone and Simmons supposedly should have

    disclosed in the midst of an historic market collapse. Within days

    after the events at issue, the Vice Chair of the Federal Reserve

    testified that the problems in the mortgage and housing markets

    were highly unusual and that in general these market

    circumstances should not threaten their viability. And the

    Chairman of the SEC, in discussing investment banks, said We have

    a good deal of comfort about the capital cushions at these firms at

    the moment. Five days later, Bear Stearns collapsed.

    Neither Goldstone nor Simmons profited from the financial

    statements that the SEC claims were false. Indeed, Goldstone has

    never sold a single share of TMST stock, while Simmons sustained

    losses on the small number of shares he sold. Both men lost

    substantial sums as a result of their efforts to save the company.

    Messrs. Goldstone and Simmons are represented by Wilmer Cutler Pickering

    Hale and Dorr LLP.

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