Category Archives: gatekeeper litigation
Wells Fargo Asks Court to Reject JPMorgan’s “Ostrich Defense” to CMBS Representation and Warranty Breaches, as Additional Putback Litigation Hits Civil Dockets
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 Actual Knowledge, CMBS Fraud, Knowledge Qualifier, Ostrich Defense
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Upcoming Presentation: Trends in MBS Litigation
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
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