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
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
2/18/2022
/ Article III ,
Breach of Contract ,
Breach of Duty ,
Consumer Financial Products ,
Deutsche Bank ,
Fiduciary Duty ,
Financial Services Industry ,
Investors ,
Mortgages ,
Representations and Warranties ,
RMBS ,
Standing ,
Statute of Limitations ,
Time-Barred Claims
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
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
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