- Union pension funds have filed a petition for cert in the U.S. Supreme Court to consider whether Bank of New York Mellon Corp. is liable for failure in oversight of 26 trusts of over $30 billion in residential mortgage-backed securities.
- S. Securities and Exchange Commission rejects claims that its in-house court is unconstitutional in suit against Atlanta investment adviser, Timbervest LLC.
- The D.C. Circuit allows reconsideration of HUD’s disparate-impact defense in American Insurance Association case, where the lower court had interpreted the Fair Housing Act to allow suits in which seemingly neutral actions have a discriminatory impact.
Tag Archives: trusts
Wednesday’s Academic Roundup
- Mortgage Finance and Technological Change, Robin Döttling & Enrico C. Perotti, Tinbergen Institute Discussion Paper 15-079/IV.
- Sustaining Neighborhoods of Choice: From Land Bank(ing) to Land Trust(ing), James J. Kelly Jr., Washburn Law Journal, Vol. 54, No. 3, 2015.
- President Eisenhower’s 1956 Prediction Becomes a Reality: The New Art of the REIT Spin, Katherine Riano, May 29, 2015.
- A Tale of Two Tensions: Balancing Access to Credit and Credit Risk in Mortgage Underwriting, Marsha Courchane, Leonard C. Kiefer & Peter M. Zorn, Real Estate Economics, Forthcoming.
- Loan Originations and Defaults in the Mortgage Crisis: Further Evidence, Manuel Adelino, Antoinette Schoar & Felipe Severino, June 21, 2015.
- How to Kill a Zombie: Strategies for Dealing with the Aftermath of the Foreclosure Crisis, Judith L. Fox, Notre Dame Legal Studies Paper No. 1519.
Monday’s Adjudication Roundup
- NY Federal Court ended the suit against US Bank and Bank of America brought by Blackrock and NCUA for failure to properly oversee residential mortgage-backed security trusts finding that most of the trusts fell under state law.
- Deutsche Bank, Morgan Stanley and UBS Securities have settled with Federal Home Loan Bank of Boston for misleading it to purchase $5.9 billion in bad mortgage-backed securities.
- Associated Bank agrees to $200 million, record-breaking settlement with US Department of Housing and Urban Development in discriminatory lending suit.
Monday’s Adjudication Roundup
- Ocwen and Assurant settle with homeowners for $140 million in class action suit, in which the homeowners alleged that Ocwen received kickbacks by inflating premium costs for forced-placed insurance.
- New York’s Appellate Division, First Department, affirmed dismissal of suit against UBS AG for $30 million, brought by Hanwha Life Insurance Co. (a Korean corporation) claiming that NY courts do not have an interest in adjudicating the suit. Hanwha purchased $30 million in credit-linked notes from UBS that turned out to be worthless. It was trying to recover its losses because it relied on UBS’s advice in purchasing the notes.
- CFPB and the Maryland Attorney General filed suit and settlement consent orders against a title company and participants in an alleged illegal mortgage-kickback scheme.
- After the National Credit Union Administration Board (NCUA) filed a complaint against HSBC for failing as trustee of $2 billion in residential mortgage-backed securities trusts, HSBC claims that the regulator lacks standing to represent the trusts and is barred by Delaware’s three-year statute of limitations.
- Wells Fargo and Deutsche Bank moved to dismiss fives suits from BlackRock Inc., Pacific Investment Management Co. and NCUA for allegedly failing to watch over 850 RMBS trusts as the trustees.
Monday’s Adjudication Roundup
- HSBC facing suit for breaching its duties as trustee for 271 residential mortgage-backed securities trusts.
- The US Supreme Court considered whether debtors should have an absolute right to appeal denial of proposed bankruptcy plan after three circuit courts have found that debtors can automatically can appeal, while in other jurisdictions, the bankruptcy judge must permit the appeal.
- BNP Paribas Mortgage Corp. suit from 2009 regarding Bank of America’s mishandling of hundreds of millions of dollars of mortgage-backed notes issued by Taylor Bean & Whitaker Mortgage Corp. finally settles.