Author Archives: Isaac Gradman

Cracks in Commercial Real Estate Market Usher in All-Too-Familiar CMBS Putback Litigation and Risk of Broader Distress

It has been said that history repeats itself. This is perhaps not quite correct; it merely rhymes. – Theodor Reik, 1965, Curiosities of the Self: Illusions We Have about Ourselves  I am reminded frequently of the above quote when I … Continue reading

Posted in allocation of loss, banks, bondholder actions, bondholders, borrower fraud, broader credit crisis, Certificateholders, Chetrit, CMBS, contract rights, CRE, Deloitte and Touche, Fannie Mae, fraud, Freddie Mac, interest rates, investors, JPMorgan, lawsuits, liabilities, litigation, MBS, misrespresentation, mortgage fraud, mortgage market, pre-investment due diligence, putbacks, re-underwriting, rep and warranty, repurchase, responsibility, securities, securitization, sellers and sponsors, servicers, statutes of limitations, The Subprime Shakeout, underwriting practices | Tagged , , , | Leave a comment

Federal Regulators Pick Fight with Banks Over Collapsed Credit Unions

Just when you thought the hubbub surrounding mortgage backed securities (MBS) was starting to subside, federal regulators have taken their most aggressive stance yet against the banks that sold toxic loans as investment grade securities, according to an article in … Continue reading

Posted in BofA, bondholder actions, Citigroup, Credit Unions, FDIC, Goldman Sachs, JPMorgan, Kathy Patrick, litigation, Merrill Lynch, misrespresentation, NCUA, private label MBS, Regulators, securities fraud | Leave a comment

Midwinter Conference Sparks Lively Discourse, Focuses on Servicing Deficiencies

I just returned from my first Midwinter Housing Finance Conference in Park City, Utah.  Though the conference, organized by Brian Hershkowitz, has been an annual favorite of snow-loving housing professionals for decades, it tends to receive far less publicity than … Continue reading

Posted in ASF, conflicts of interest, Fannie Mae, Freddie Mac, incentives, investors, litigation, Midwinter Conference, Presentations, Winding Down GSES | 1 Comment

Commentators Concur: Trustee Involvement Signals Shift in RMBS Litigation

A few weeks ago, I published an article suggesting that the increased cooperation of MBS trustees may signal the turning point in bondholder litigation.  It seems I’m not alone in reaching this conclusion. The following week, on January 27, Adam … Continue reading

Posted in allocation of loss, bondholder actions, chain of title, emc, investors, loan files, servicers, TIAA-CREF, Trustees, Wells Fargo | 3 Comments

Ambac Drops Bombshell Proposed Amended Complaint on JP Morgan, EMC

In a pleading filled with allegations that can only be described as shocking, Ambac has accused Bear Stearns and its former subsidiary EMC Mortgage (both now owned by JP Morgan) of a parade of horribles in its proposed amended complaint … Continue reading

Posted in accounting fraud, Ambac, bad faith, Bear Stearns, Complaints, discovery, due diligence firms, emc, JPMorgan, monoline actions, rep and warranty, repurchase, RMBS, securities fraud | 12 Comments