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 commentary | Permalink | No Comments
February 1, 2016
Rigged Justice
The Office of Senator Elizabeth Warren has released Rigged Justice: 2016 How Weak Enforcement Lets Corporate Offenders Off Easy. The Executive Summary states, When government regulators and prosecutors fail to pursue big corporations or their executives who violate the law, … Continue reading
February 1, 2016 in Upstream litigation commentary | Permalink | No Comments
December 7, 2015
Equitable Subrogation in Mortgage Refinancing
I am speaking on Equitable Subrogation in Mortgage Refinancing and Land Purchase Transactions in an ABA Professor’s Corner webinar on Wednesday with Professor Wilson Freyermuth of the University of Missouri School of Law. If this sounds like an esoteric topic, it is! … Continue reading
December 7, 2015 in Upstream litigation commentary | Permalink | No Comments
July 17, 2015
Bank Break-ins
Chris Odinet has posted Banks, Break-Ins, and Bad Actors in Mortgage Foreclosure to SSRN. The abstract reads, During the housing crisis banks were confronted with a previously unknown number mortgage foreclosures, and even as the height of the crisis has passed … Continue reading
July 17, 2015 in Upstream litigation commentary | Permalink | No Comments
April 9, 2015
Foreclosures and the Fair Debt Collection Practices Act
Bloomberg BNA quoted me in Third Circuit Says Foreclosure Complaint May Serve as Basis for Claims Under FDCPA (behind a paywall). The article opens, A foreclosure complaint may form the basis of a Fair Debt Collection Practices Act (FDCPA) claim, the … Continue reading
April 9, 2015 in Upstream litigation commentary | Permalink | No Comments
January 29, 2015
Krimminger and Calabria on Conservatorships
By Michael Krimminger and Mark Calabria have shared The Conservatorships of Fannie Mae and Freddie Mac: Actions Violate HERA and Established Insolvency Principles. The paper opens, When the Federal Housing Finance Agency (“FHFA”) was appointed conservator for Fannie Mae and … Continue reading
January 29, 2015 in Upstream litigation commentary | Permalink | No Comments
November 5, 2014
GSE Nationalization and Necessity
Nestor Davidson has posted Nationalization and Necessity: Takings and a Doctrine of Economic Emergency to SSRN. This essay will be of interest to those following the Fannie/Freddie shareholder litigation. The abstract reads, Serious economic crises have recurred with regularity throughout … Continue reading
November 5, 2014 in Upstream litigation commentary | Permalink | No Comments
