News & Analysis as of

Representations and Warranties Residential Mortgage-Backed Securities

Kramer Levin Naftalis & Frankel LLP

New York Court of Appeals Tightens Notice Requirements in RMBS Litigation

On March 17, 2022, the New York State Court of Appeals issued a significant decision affecting RMBS putback litigation governed by New York law. The decision, U.S. Bank National Association v. DLJ Mortgage Capital, 2022 WL...more

Bilzin Sumberg

Rulings on Standing and Statute of Limitations Deliver Huge Blow to RMBS Investors

Bilzin Sumberg on

Last week, the U.S. District Court for the Southern District of New York dealt a major blow to mortgage investors in two parallel actions pending for the past few years. The impact proved to be fatal to one of the actions,...more

Bilzin Sumberg

Lehman Brothers Holdings Inc. Files New Adversary Proceedings Against Mortgage Brokers

Bilzin Sumberg on

If you thought Lehman Brothers Holdings Inc. (“LBHI”) was done suing lenders as a result of its settlements with RMBS trustees years ago, think again. ...more

Bilzin Sumberg

Still Litigating the 2007-08 Financial Crisis: The Claims Keep Coming

Bilzin Sumberg on

One would think that, as we approach 2021, litigation related to residential mortgage loans originated and sold well over a decade ago would be ancient history. Nevertheless, some suits filed years ago remain active, and,...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Trustee Duties Under Event of Default

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case brought by plaintiffs against Bank of New York Melon (BNYM) alleging that the firm breached its trustee duty to act prudently after the event of default. The court...more

Orrick - Finance 20/20

Appeals Court Affirms BNYM Defense Verdict in Trustee Litigation

Orrick - Finance 20/20 on

On February 9, the Court of Appeals of Ohio issued an order affirming a 2017 bench trial defense verdict for The Bank of New Mellon (“BNYM“) in a lawsuit filed by certain RMBS investors alleging that BNYM had breached its...more

Bilzin Sumberg

New York High Court Rules on Statute of Limitations

Bilzin Sumberg on

Over the last several years, we have posted several times about whether the statute of limitations bars remedies against lenders (and sometimes sponsors and trustees) of residential mortgages. ...more

Orrick - Finance 20/20

New York High Court Affirms Dismissal of Repurchase Claims As Untimely

Orrick - Finance 20/20 on

On October 16, the New York Court of Appeals affirmed the dismissal of the RMBS repurchase action brought by Deutsche Bank National Trust Company, in its capacity as Trustee of the Harborview Mortgage Loan Trust Series...more

Farrell Fritz, P.C.

Does "freedom of contract" really exist when it comes to statute of limitations in a mortgage-backed securities contract?

Farrell Fritz, P.C. on

Although we generally report on recent Commercial Division decisions, and sometimes commercial cases coming out of the Appellate Divisions, this time we go all the way to the top: the Court of Appeals. Not often do we see...more

Bilzin Sumberg

Jury, Not Judge, Must Decide Meaning of Representations

Bilzin Sumberg on

Last month, New York’s intermediate appellate court reversed a grant of summary judgment in favor of plaintiff MBIA Ins. Corp. MBIA, an insurer of RMBS trusts and a common plaintiff in this type of litigation, had sued Credit...more

Cadwalader, Wickersham & Taft LLP

Accrual Clauses in RMBS Contracts Violate New York Law and Public Policy

On October 16, 2018, the New York State Court of Appeals held that contractual attempts to extend the statute of limitations for causes of action involving breaches of contract are unenforceable because they violate New York...more

Orrick - Finance 20/20

New York Federal Court Upholds Privilege and Specificity Requirements Regarding Alleged Awareness of Rep Breaches

Orrick - Finance 20/20 on

U.S. District Court Judge Katherine Polk Failla denied Plaintiff-Investors’ attempts in Blackrock Allocation Target Shares et al. v. Wells Fargo et al., No. 1:14-cv-09371 (S.D.N.Y.) to overturn two magistrate judge decisions...more

Orrick - Finance 20/20

U.S. Bank and UBS Reach $850M Settlement in RMBS Put-Back Action

On July 25, 2018, U.S. Bank NA and UBS AG announced they had reached an $850 million settlement in connection with a dispute over loans in three residential mortgage-backed securities trusts. ...more

Orrick - Finance 20/20

Lehman Brothers to Pay $2.38 Billion in Connection with RMBS Claims

Orrick - Finance 20/20 on

On March 8, 2018, Judge Shelley C. Chapman of the United States Bankruptcy Court for the Southern District of New York issued a decision from the bench valuing RMBS breach of representation and warranty claims against...more

Orrick - Finance 20/20

Court Denies Dismissal of RMBS Trustee’s Claim for Failure to Notify

Orrick - Finance 20/20 on

On March 7, 2018, New York Supreme Court Justice Marcy S. Friedman denied a motion by Morgan Stanley ABS Capital I Inc. (“Morgan Stanley”) to dismiss a claim by RMBS Trustee Deutsche Bank National Trust Company (the...more

Orrick - Finance 20/20

New York Appellate Court Reverse Lower Court, Allows RMBS Action to Proceed Against Morgan Stanley

Orrick - Finance 20/20 on

On August 11, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York reversed the lower court, allowing RMBS Trustee U.S. Bank to proceed with claims against Morgan Stanley in...more

Orrick - Finance 20/20

New York Intermediate Appellate Court Holds that Accrual Provision Does Not Save RMBS Trustee’s Time-Barred Putback Claim

Orrick - Finance 20/20 on

On August 11, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York affirmed dismissal of an action brought by Deutsche Bank National Trust Company, as RMBS Trustee, against...more

Orrick - Finance 20/20

Second Circuit Upholds Dismissal of RMBS Lawsuit as Time-Barred

Orrick - Finance 20/20 on

On November 16, the Second Circuit Court of Appeals affirmed the District Court’s dismissal of a lawsuit brought by Deutsche Bank National Trust Co. (acting as Trustee for RMBS Trust GSR 2007-OA1) against Quicken Loans,...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

EBA Updates Single Rulebook Q&As - On October 16, 2015, the European Banking Authority (EBA) updated its Q&As on the single rulebook, publishing four new questions. The single rulebook Q&As relate to the CRD IV package...more

Orrick - Finance 20/20

U.S. Bank Sues Countrywide for $178M in RMBS Losses

On June 25, 2015, U.S. Bank, in its capacity as Trustee for the LXS 2007-7N Trust, filed a summons with notice in New York Supreme Court against Countrywide Home Loans (“CHL”), Countrywide Home Loans Servicing LP...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

Fair and Effective Markets Review Publishes Final Report - On June 10, 2015, the Fair and Effective Markets Review (FEMR), established by the Chancellor in June 2014 to conduct a review of fixed income, currency and...more

Orrick - Finance 20/20

New York’s Highest Court Affirms Dismissal of RMBS Suit Against DB Structured Products as Time-Barred

Orrick - Finance 20/20 on

On June 11, 2015, the New York Court of Appeals issued its decision in the closely-followed case of ACE Securities Corp., Home Equity Loan Trust, Series 2006-SL2 v. DB Structured Products, Inc. New York’s highest court...more

Orrick - Finance 20/20

HSBC Motion to Dismiss Denied in Part in Trustee RMBS Suits by Blackrock, Royal Park Investments, and Phoenix Light

On June 1, 2015, Judge Shira Scheindlin of the United States District Court for the Southern District of New York issued a Decision and Order granting in part and denying in part HSBC Bank USA, National Association’s (“HSBC”)...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

European Commission Unveils Tax Transparency Package - The European Commission has laid out its plans in a new Tax Transparency Package to clamp down on tax deals made between EU governments and multi-national...more

Orrick - Finance 20/20

US Bank Cannot Revive Majority of MBS Suit Against Citigroup

Orrick - Finance 20/20 on

U.S. Bank NA v. Citigroup Global Markets Realty Corp., No. 1:13-cv-06989 (S.D.N.Y. Oct. 1, 2013) - On March 16, 2015, Judge George B. Daniels of the United States District Court for the Southern District of New York denied...more

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