Category Archives: MBS
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 CMBS, loss causation, motion to dismiss, putback litigation
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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 CMBS, CRE, market distress, putback litigation
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Who’s Watching the Watchmen? RMBS Trustees Come Under Fire as Investors Launch Next Wave of Lawsuits
“When one door closes, another door opens; but we so often look so long and regretfully upon the closed door, that we do not see the ones which open for us.” ― Alexander Graham Bell The face of RMBS litigation … Continue reading
Posted in ACE, Alt-A, appeals, Bank of New York, Bank of New York Mellon, banks, Bernstein Litowitz, BlackRock, BofA, bondholders, Certificateholders, Citigroup, Commerce Bank, Countrywide, Credit Unions, DB Structured Products, Deutsche Bank, Doubleline Capital, Federal Home Loan Banks, fiduciary duties, global settlement, HSBC, Institutional Investors, investors, JPMorgan, Justice Kornreich, Kathy Patrick, lawsuits, liabilities, litigation, MBS, New York State Supreme Court, Paul Clement, PIMCO, pooling agreements, putbacks, repurchase, RMBS, SEC, servicers, settlements, statutes of limitations, subprime, TIA, Trustees, US Bank, Wall St., Wells Fargo
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