Category Archives: Complaints

Wells Fargo Asks Court to Reject JPMorgan’s “Ostrich Defense” to CMBS Representation and Warranty Breaches, as Additional Putback Litigation Hits Civil Dockets

Posted on October 2, 2026 by Isaac Gradman

UPDATE: Following the publication of this post, on October 5, 2026, Judge Ho entered an Order (Dkt. 115) denying both parties’ requests for leave to file summary judgment motions, noting that summary judgment would be “inappropriate in these circumstances.” Order … Continue reading →

Posted in allocation of loss, banks, bondholders, Chetrit, CMBS, Complaints, contract rights, CRE, discovery, fraud, gatekeeper litigation, improper documentation, investors, irresponsible lending, JPMorgan, Judicial Opinions, junior liens, knowledge qualifiers, lawsuits, lenders, lending guidelines, litigation, misrespresentation, mortgage fraud, negligence and recklessness, Ostrich Defense, private label MBS, putbacks, rep and warranty, repurchase, responsibility, securitization, sellers and sponsors, summary judgment, underwriting guidelines, underwriting practices, Wells Fargo | Tagged , , , | Leave a comment

Federal Bar Association to Host Exciting Panel this Week – The Next Commercial Mortgage-Backed Securities Reckoning: Enforcement, Whistleblowers, and Putback Litigation

Posted on June 15, 2026 by Isaac Gradman

This Thursday, June 18, I’m excited to join an extremely knowledgeable panel hosted by the Federal Bar Association entitled, “The Next Commercial Mortgage-Backed Securities Reckoning: Enforcement, Whistleblowers, and Putback Litigation.” I’d be honored to have any fans of The Subprime … Continue reading →

Posted in allocation of loss, Attorneys General, banks, bondholder actions, bondholders, borrower fraud, Certificateholders, CMBS, Complaints, contract rights, CRE, damages, fraud, impact of the crisis, investigations, investors, irresponsible lending, JPMorgan, lawsuits, lenders, liabilities, litigation, MBS, MCLE, mortgage fraud, mortgage market, oversight, Presentations, probes, putbacks, regulation, Regulators, rep and warranty, repurchase, RMBS, SEC, securities, securities fraud, securitization, sole remedy, statutes of limitations, The Subprime Shakeout, underwriting practices | Tagged , , , , , , , , , | Leave a comment

Upcoming Presentation: Trends in MBS Litigation

Posted on November 14, 2012 by igradman

I am pleased to announce that I will be speaking in and presenting at an upcoming Strafford live phone/web seminar, “Mortgage-Backed Securities Litigation: Latest Developments” scheduled for tomorrow, Thursday, November 15, 1:00pm-2:30pm EST. This will be largely geared towards attorneys … Continue reading →

Posted in bondholder actions, broader credit crisis, class actions, Complaints, conflicts of interest, contract rights, costs of the crisis, counterparty risk, damages, derivative lawsuits, discovery, education, fraud, gatekeeper litigation, global catastrophe defense, global settlement, impact of the crisis, investors, irresponsible lending, Judicial Opinions, jury trials, lawsuits, liabilities, litigation, loss causation, MBS, misrespresentation, monoline actions, pooling agreements, Presentations, private label MBS, putbacks, rep and warranty, repurchase, research, responsibility, RMBS, securities, securities laws, securitization, sellers and sponsors, settlements, standing, statistical sampling, statutes of limitations, summary judgment, The Subprime Shakeout, Trustees, underwriting practices | 1 Comment

The Top 5 RMBS Cases to Watch this Summer: No. 4 – Retirement Board v. Bank of New York Mellon

Posted on June 12, 2012 by igradman

Yesterday, I kicked off a countdown of the top 5 RMBS cases to watch this summer with a post about Syncora v. EMC and the impending summary judgment decision on loss causation.  Today, I’d like to talk about another case … Continue reading →

Posted in allocation of loss, appeals, Attorneys General, Bank of New York, bondholder actions, chain of title, Complaints, contract rights, costs of the crisis, fiduciary duties, improper documentation, investors, Judge William Pauley, Judicial Opinions, lawsuits, liabilities, litigation, litigation costs, MBS, motions to dismiss, pooling agreements, private label MBS, procedural hurdles, putbacks, responsibility, RMBS, SEC, securitization, TIA, Trustees | 8 Comments

My Take On Newly Filed AG Foreclosure Settlement: As Bad As We Thought It Was

Posted on March 12, 2012 by igradman

“They are who we THOUGHT they were — and we let ’em off the hook!” This famous postgame rant from former Arizona Cardinals coach Denny Green after his team’s epic meltdown on Monday Night Football against the Bears could just … Continue reading →

Posted in allocation of loss, Ally Bank, Attorneys General, bailout, bankruptcy, banks, Bloomberg, BofA, broader credit crisis, chain of title, Citigroup, Complaints, contract rights, costs of the crisis, damages, foreclosure crisis, global settlement, Government bailout, homeowner relief, Hope For Homeowners, impact of the crisis, improper documentation, incentives, interest rates, investigations, investors, JPMorgan, Judge Jed Rakoff, judicial momentum, junior liens, lawsuits, liabilities, litigation, loan modifications, loss causation, LTV, MBS, misrespresentation, mortgage fraud, negative equity, oversight, Regulators, Residential Capital, RMBS, robo-signers, SEC, securities, securitization, servicer defaults, servicers, settlements, stipulated judgments, waiver of rights to sue | 7 Comments