SECURITIES AND EXCHANGE COMMISSION FORM 8-K FOR Third QUARTER 2008 EARNINGS RELEASE

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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported):    October 22, 2008

DOWNEY FINANCIAL CORP.
(Exact name of registrant as specified in its charter)

Delaware
(State or other jurisdiction
of incorporation)

1-13578
(Commission File Number)

33-0633413
(IRS Employer Identification Number)

3501 Jamboree Road
Newport Beach, California
(Address of principal executive offices)

92660
(Zip Code)

Registrant’s telephone number, including area code:   (949) 854-0300

Not Applicable
(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

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Item 2.02  Results of Operations and Financial Condition.

On October 22, 2008, Downey Financial Corp. issued a press release reporting its results of operations during the three and nine months ended September 30, 2008. A copy of the press release is furnished as exhibit 99.1 of this report.

Item 9.01  Financial Statements and Exhibits.

(c) Exhibits

99.1  Press release dated October 22, 2008 reporting results of operations during the three and nine months ended September 30, 2008.

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

DOWNEY FINANCIAL CORP.
(Registrant)

 

 

Date:   October 22, 2008

By           /s/ Brian E. Côté            
Brian E. Côté
Chief Financial Officer

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EXHIBIT
NUMBER


DESCRIPTION

99.1

Press release dated October 22, 2008 reporting results of operations during the three and nine months ended September 30, 2008.