REFinBlog

Editor: David Reiss
Brooklyn Law School

August 20, 2013

Judge Rakoff Is All FIRREA-ed Up

By David Reiss

Law360 quoted me in a story, Rakoff Gives DOJ License To Be Bold In Bank Crackdown (behind a paywall), that reads in part, U.S. District Judge Jed S. Rakoff’s expansive Monday opinion backing the federal government’s $1 billion mortgage fraud … Continue reading

August 13, 2013

Originator’s Repurchase Obligation Triggered by Loans’ Purchaser Sole Discretion

By David Reiss

Professors  Wilson Freyermuth and Dale Whitman posted this summary of the Eighth Circuit’s opinion Residential Funding Co., LLC v. Terrace Mortg. Co., — F.3d —-, 2013 WL 4007552 (Aug. 7, 2013), to the DIRT listserv.  Residential Funding held that held … Continue reading

August 8, 2013

Underwater Mortgages Eminent Domain Battle Gears up

By David Reiss

I was quoted in a recent story in www.thestreet.com, Eminent Domain Mortgage Battle Is a Lose-Lose Situation.  It reads in part, The move by Richmond, Calif., to seize “underwater mortgages” from private investors using its powers of eminent domain has drawn … Continue reading

August 6, 2013

MBS Representations Regarding Ratings Based on False Data Are Actionable

By David Reiss

In Capital Ventures International v. UBS Securities LLC et al., No. 11-11937 (D. Mass. July 22, 2013), Judge Casper held that the inclusion of credit ratings based upon “false data” in offering materials for mortgage-backed securities “constitutes an actionable misrepresentation … Continue reading

July 29, 2013

Fannie/Freddie Take Down 3: Washington Federal v. The U.S. of A.

By David Reiss

This should catch us up on the Fannie/Freddie preferred stock Takings litigation (see here and here for two other suits).  Washington Federal et al. v. United States was filed June 10, 2013 and is a class action complaint. The theories … Continue reading

July 26, 2013

The Taking of Fannie and Freddie 2

By David Reiss

Today, I look at one more complaint filed in response to the federal government’s amendment to its Preferred Stock Purchase Agreements with Fannie and Freddie (the PSPAs).  Cacciapelle et al. v. United States, filed July 10, 2013, is another takings … Continue reading

July 25, 2013

Federal Government’s a Fairholme-weather Friend?

By David Reiss

Following up on my posts (here and here) about other suits against the federal government over its amendment of the terms of the distribution of dividends and other payments by Fannie Mae and Freddie Mac, I now look at Fairholme … Continue reading