Category Archives: The Subprime Shakeout

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

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

Posted on May 20, 2026 by Isaac Gradman

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

Posted on March 23, 2026 by Isaac Gradman

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

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

Investor End Games: All Is Not Well in the Garden

Posted on August 29, 2012 by igradman

“As long as the roots are not severed, all is well.  And all will be well in the garden.” – Chance the Gardener, Being There (1979) With Judge Barbara Kapnick announcing earlier this month that the approval hearing in Bank … Continue reading →

Posted in AIG, allocation of loss, ASF, Attorneys General, Bank of New York, banks, BlackRock, Bloomberg, BofA, bondholder actions, causes of the crisis, conflicts of interest, consitutionality, contract rights, costs of the crisis, Countrywide, damages, Deutsche Bank, discovery, eminent domain, fiduciary duties, foreclosure crisis, fraud, global settlement, Grais and Ellsworth, impact of the crisis, incentives, investors, irresponsible lending, Judge Barbara Kapnick, Judge Eileen Bransten, junior liens, Kathy Patrick, lawsuits, lenders, lending guidelines, liabilities, LIBOR manipulation, liquidity, litigation, litigation costs, lobbying, MBIA, MBS, misrespresentation, monoline actions, monolines, mortgage fraud, mortgage insurers, mortgage market, negative equity, Neil Barofsky, private label MBS, procedural hurdles, putbacks, recession, rep and warranty, repurchase, Residential Capital, responsibility, restructuring, RMBS, securities, securitization, sellers and sponsors, settlements, standing, statistical sampling, statutes of limitations, successor liability, summary judgment, The Subprime Shakeout, too big to fail, toxic assets, Treasury, Trustees, underwriting guidelines, underwriting practices, US Bank, vicarious liability, waiver of rights to sue, Wall St., Walnut Place, Way Too Big to Fail, Wells Fargo, William Frey | 2 Comments