News & Analysis as of

Residential Mortgage-Backed Securities Breach of Warranty

Residential Mortgage-Backed Securities are financial instruments consisting of residential mortgages pooled together to form larger more complex financial commodities.
Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

ESMA Q& A on Application of the AIFMD - On December 2, 2015 the European Securities and Markets Authority (ESMA) published an updated Question and Answer document in relation to the Alternative Investment Fund Managers...more

Orrick - Finance 20/20

$600 Million RMBS Repurchase Suit Against J.P. Morgan Dismissed

Orrick - Finance 20/20 on

On September 18, 2015, Justice Shirley Kornreich of the Supreme Court of the State of New York dismissed a $600 million suit brought by Bank of New York Mellon, as securitization trustee (“BNYM”), against WLM Mortgage, LLC,...more

Burr & Forman

NY High Court Boots Mortgage Repurchase Case on Limitations

Burr & Forman on

In a ruling that may signal the end to much of the litigation over mortgage-backed securities, New York’s highest court held limitations for breach of warranty litigation over portfolio loans run from the MLSA closing date...more

Morgan Lewis

N.Y. Court of Appeals Resolves Statute of Limitations Accrual For Putback Claims

Morgan Lewis on

Court holds that claims begin to accrue at the time contracts were executed and there is no separate claim for failure to cure or repurchase. On June 11, New York State’s highest court, the Court of Appeals, rendered a...more

Orrick - Finance 20/20

Homeward Residential’s RMBS Claims Against Sand Canyon Dismissed in Part

Orrick - Finance 20/20 on

On February 14, Judge Analisa Torres of the United States District Court for the Southern District of New York granted in part defendant Sand Canyon Corporation’s motion to dismiss the amended complaint of plaintiff Homeward...more

Orrick - Finance 20/20

New York Appellate Court Orders Dismissal of Repurchase Claims Against DB Structured Products as Time-Barred

On December 19, the Appellate Division, First Department of the New York Supreme Court held that repurchase claims brought by an RMBS trust against DB Structured Products were barred by the statute of limitations, reversing...more

Orrick - Finance 20/20

Trustee Sues Deutsche Bank Over $89 Million in RMBS Securities

On January 28, HSBC Bank USA, acting in its capacity as Trustee for a single home equity loan trust, filed a complaint in the Supreme Court for the State of New York against DB Structured Products Inc., an affiliate of...more

Orrick - Finance 20/20

RMBS Trustee Sues GE Subsidiaries for $356 Million

Orrick - Finance 20/20 on

On November 30, Deutsche Bank National Trust Company (Deutsche Bank), acting as trustee for the Securitized Asset Backed Receivables L.L.C. Trust 2006-WM3 (the “Trust”), filed a complaint against General Electric Capital...more

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