Category Archives: Chetrit

Wells Fargo Borrows Heavily from RMBS Greatest Hits to Prevail in First Major Test for CMBS Putbacks

Wells Fargo has prevailed over JPMorgan in one of the first major tests for CMBS putback litigation involving the repurchase of an allegedly defective commercial mortgage loan. Continue reading

Posted in allocation of loss, banks, bondholder actions, bondholders, borrower fraud, Certificateholders, Chetrit, CMBS, contract rights, CRE, discovery, fraud, investors, JPMorgan, Judge Dale Ho, Judicial Opinions, lawsuits, lenders, liabilities, litigation, loss causation, MBS, misrespresentation, mortgage fraud, motions to dismiss, PIMCO, pooling agreements, private label MBS, putbacks, quinn emanuel, rep and warranty, repurchase, RMBS, securities, securitization, sellers and sponsors, The Subprime Shakeout, Trustees, underwriting practices, Wall St., Wells Fargo | Tagged , , , | Leave a comment

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 , , , | 2 Comments