It’s a situation that, at least theoretically, could happen many times every business day, all across the country, given how often businesses choose to have Delaware law apply to their contracts. A party (the seller or...more
3/18/2022
/ Breach of Contract ,
Business Disputes ,
Commercial Litigation ,
Contract Terms ,
Delaware General Corporation Law ,
Fraud ,
Misrepresentation ,
Purchase Agreement ,
Representations and Warranties ,
Sandbagging ,
Transfer of Assets
As originators and brokers of mortgage loans continue to get served with new lawsuits (or threatened with potential suits) related to loans that they conveyed to aggregators prior to the financial crisis of 2008, questions...more
2/13/2019
/ Appeals ,
Breach of Contract ,
Contract Disputes ,
Financial Crisis ,
Financial Services Industry ,
Indemnification ,
Misrepresentation ,
Mortgage Brokers ,
Mortgage Loan Aggregators ,
Mortgage Loan Originators ,
Mortgages ,
Real Estate Transactions ,
Repurchases ,
Statute of Limitations
On December 19, 2013, correspondent lenders were the beneficiaries of a long-awaited common sense ruling on when the statute of limitations begins to run under New York law for purposes of a mortgage buyback claim. The...more
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