August 16, 2016
Loan Mod Racketeering?
Bloomberg BNA Banking quoted me in BofA Must Face RICO Claims on Loan Modifications (behind paywall). It opens, Bank of America must face claims that it and another company violated federal anti-racketeering laws by denying loan modifications to eligible borrowers, a … Continue reading
August 16, 2016 in Upstream litigation by date | Permalink | No Comments
May 24, 2016
FIRREA Blanks
The Court of Appeals for the Second Circuit reversed the District Court’s judgment (SDNY, Rakoff, J.) against Bank of America defendants for actions arising from Countrywide’s infamous “Hustle” mortgage origination program. The case has a lot of interesting aspects to it, … Continue reading
May 24, 2016 in Upstream litigation by date | Permalink | No Comments
April 18, 2016
Goldman’s $5B Mortgage Settlement: If They Only Knew
The news reports about Goldman’s $5 billion settlement over its boom-time securitization practices have focused on whether Goldman would really have to pay all $5 billion at the end of the day. It is important to focus on the size … Continue reading
April 18, 2016 in Upstream litigation by date | Permalink | No Comments
December 3, 2015
Reps and Warranties Mean What They Say
The New York Appellate Division, 1st Department, issued a ruling in Bank of New York Mellon v. WMC Mortgage, 654464/12 (Dec. 1, 2015) that stands for the proposition that representations and warranties regarding mortgage-backed securities mean what they say and say … Continue reading
December 3, 2015 in Upstream litigation by date | Permalink | No Comments
August 27, 2015
Shaking up the Title Industry
The United States Court of Appeals for the 9th Circuit issued an opinion in Edwards v. The First American Corporation et al., No. 13-555542 (Aug. 24, 2015) that may shake up how the title insurance industry works. As the court … Continue reading
August 27, 2015 in Upstream litigation by date | Permalink | No Comments
August 14, 2015
Smoldering FIRREA
American Banker quoted me in Banks Take Losses in MBS Case Appeals; Is Supreme Court Next? (behind a paywall) The story reads, in part, Banks that sold faulty mortgage-backed securities right before the crisis have suffered a string of legal defeats … Continue reading
August 14, 2015 in Upstream litigation by date | Permalink | No Comments
August 7, 2015
What To Do With MERS?
Bloomberg BNA quoted me in More Policy Queries As MERS Racks Up Court Wins (behind a paywall). The article further discusses the case I had blogged about earlier this week. It reads, in part, Mortgage Electronic Registration Systems, Inc. (MERS), the keeper of … Continue reading
August 7, 2015 in Upstream litigation by date | Permalink | No Comments
