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Loan Modification and the Failure to Mitigate Damages

Freddie Mac has announced the immediate implementation of its Streamlined Modification program, a no-document modification program offered to severely delinquent borrowers. The implementation of the program, originally set to...more

5/20/2013 - Borrowers Freddie Mac Loan Modifications Mitigation

Bank of America Settles Class Action Brought By Mortgage Investors

Bank of America has agreed to settle a class-action lawsuit brought by investors who claimed they were misled by its Countrywide unit into buying risky mortgage securities. Bank of America acquired Countrywide Financial, a...more

4/22/2013 - Bank of America Class Action Investors Mortgages Settlement

Big Banks Fail 2012 Fannie Mae Star Program

According to a report released Tuesday by Fannie Mae, the big banks who love to act like “injured innocents” when it comes to making mortgage repurchase and indemnification demands on loan originators had their own...more

4/12/2013 - Bank of America Citigroup Fannie Mae Indemnification JPMorgan Chase Mortgage Loan Originators Mortgages Repurchases Settlement

DOJ Lawsuit Against S&P and McGraw Hill

Last week, the Department of Justice (DOJ) filed a civil suit in the Central District of California against Standard & Poor’s Financial Services (S&P) and its parent company McGraw-Hill. The suit alleges that S&P engaged in a...more

2/14/2013 - CDOs DOJ Fraud Investment Schemes McGraw Hill RMBS S&P

New Precedent that Holds Banks Responsible?

The legal press is abuzz with reports of a New York federal judge’s award of a $90.1 million judgment to mortgage insurer Assured Guaranty Corp. after a lengthy trial in its suit against Flagstar Bank FSB....more

2/11/2013 - Assured Guaranty Corp. Banks Flagstar Bank Misrepresentation Mortgage-Backed Securities RMBS

Important Buyback Victory

There was a very favorable development recently in one of my buyback cases. The federal district court in Miami issued a final order that has great potential application to other buyback suits, whether already pending or...more

1/17/2013 - Buyback Litigation Lehman Brothers Loans Offer of Proof

Mortgage Foreclosure Settlement

We have long been skeptical of most loan “repurchase” or “indemnification” demands made by big banks against the third-party originators (i.e., correspondent lenders) who sold those loans to the big banks many years ago....more

1/10/2013 - Aurora Bank of America Chase Bank Citibank Countrywide Foreclosure Mortgages Settlement SunTrust US Bank Wells Fargo Wrongful Foreclosures

Countrywide’s Dilemma

How can Countrywide/B of A even keep a straight face when it argues that correspondent lenders need to pay it outrageous amounts of money to settle claims for actual or potential losses?...more

12/17/2012 - Countrywide Loans RMBS

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