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 2015 | 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 2015 | 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 2015 | 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 2015 | Permalink | No Comments
August 4, 2015
MERS Victorious
The U.S. Court of Appeals for the Third Circuit ruled in favor of MERS in Montgomery County v. MERSCORP, (August 3, 2015, No. 15-1219) (Barry, J.). MERS, for the uninitiated, is a national electronic loan registry system that permits its members to freely … Continue reading
August 4, 2015 in 2015 | Permalink | No Comments
May 27, 2015
Seeking Justice Through Litigation
Judge Caproni (SDNY) issued an Opinion and Order in Adkins v. Morgan Stanley, No. 12-CV-7667 (May 14, 2015). It opens, This is one of many cases arising out of the collapse of the housing market. This one comes with a twist: … Continue reading
May 27, 2015 in 2015 | Permalink | No Comments
May 12, 2015
FHFA’s $500MM Win
Bloomberg quoted me in Nomura, RBS Defective-Bond Suit Loss Seen Spurring Deals. It reads, in part, Nomura Holdings Inc. and Royal Bank of Scotland Group Plc may face $500 million in damages for what a judge called an “enormous” deception in … Continue reading
May 12, 2015 in 2015 | Permalink | No Comments