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  • Article

    Ambac Sues Countrywide For Alleged Fraud In Connection With $1.7 Billion In RMBS

    On December 27, Ambac Assurance Corporation filed a complaint against several Countrywide entities and Bank of America Corporation in New York state court...
    United StatesFinance and Banking
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  • Article

    Appellate Court Affirms Dismissal Of Certain Claims Against Trustee

    On July 5, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York affirmed the partial grant of Bank of New York Mellon's ("BNY") motion to dismiss certain claims...
    United StatesFinance and Banking
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  • Article

    Bank Of America’s US$8.5 Billion RMBS Settlement Approved

    On January 31, Justice Barbara R. Kapnick of the Supreme Court of New York for New York County approved, with one exception, an US$8.5 billion settlement between Bank of America and a group of RMBS investors.
    United StatesFinance and Banking
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  • Article

    Bank Of New York Mellon's Motion To Dismiss Denied In Part In Trustee RMBS Suit By Royal Park Investments

    On March 2, Judge Gregory H. Woods of the United States District Court for the Southern District of New York issued an Opinion and Order denying in part and granting in part the Bank of New York Mellon's motion to dismiss an action brought by Royal Park Investments SA/NV.
    United StatesFinance and Banking
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  • Article

    Breach Of Contract Claims Against J.P. Morgan And EMC Dismissed As Time-Barred

    Vice Chancellor J. Travis Laster of the Delaware Chancery Court dismissed as time-barred loan repurchase claims brought by U.S. Bank JPMorgan and EMC Mortgage.
    United StatesFinance and Banking
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  • Article

    CFPB Proposes To Provide Flexibility In Collecting Information

    On March 24, 2017, the Consumer Financial Protection Bureau ("CFPB") released a proposal to amend Equal Credit Opportunity Act regulations.
    United StatesFinance and Banking
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  • Article

    CFTC Implements Standard Approach For CPO Delegated Investment Management Authority

    The CFTC announced the implementation of a standardized, streamlined approach for processing requests for relief where a CPO that has delegated investment management authority.
    United StatesFinance and Banking
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  • Article

    CFTC Unanimously Passes Final Rule Affecting Formulation, Amendment Or Repeal Of Commission's Rules And Regulations

    On December 10, the U.S. Commodity Futures Trading Commission (CFTC) approved a final rule eliminating the provisions of the Commission's Regulations that established the formulation
    United StatesFinance and Banking
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  • Article

    Court Grants HSBC's Motion To Dismiss Trustee Repurchase Action

    Justice Friedman granted the Trustee leave to amend to assert a claim for breach of representations and warranties.
    United StatesFinance and Banking
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  • Article

    Deutsche Bank Settles Two BlackRock RMBS Suits

    Deutsche Bank settled with BlackRock and other RMBS investors in New York federal (BlackRock Balanced Capital Portfolio (Fi) v. Deutsche Bank National Trust Company, S.D.N.Y., No. 1:14-cv-09367) ...
    United StatesFinance and Banking
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  • Article

    FMLC Publishes Response On Bail-In Powers

    The UK’s Financial Markets Law Committee published a letter on June 4 relating to the bail-in powers introduced by the Financial Services (Banking Reform) Act 2013.
    United StatesFinance and Banking
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  • Article

    Goldman Sachs Wins Summary Judgment In CDO Class Action

    On September 8, 2015, the Southern District of New York granted summary judgment in favor of Goldman Sachs Group, Inc. in a class action lawsuit concerning the sale of two collateralized debt obligations.
    United StatesFinance and Banking
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  • Article

    Homeward Residential's RMBS Claims Against Sand Canyon Dismissed In Part

    On February 14, Judge Analisa Torres of the United States District Court for the Southern District of New York granted in part defendant Sand Canyon Corporation's motion to dismiss the amended complaint of plaintiff Homeward Residential related to Option One Mortgage Loan Trust 2006-3.
    United StatesFinance and Banking
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  • Article

    HSBC Motion To Dismiss Denied In Part In Trustee RMBS Suits By Blackrock, Royal Park Investments, And Phoenix Light

    Judge Scheindlin gave the plaintiffs 30 days to amend their complaint to attempt to cure the deficiencies in their dismissed claim.
    United StatesFinance and Banking
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  • Article

    Judge Dismisses Federal Securities Claims From NCUA Action Against Morgan Stanley

    On January 22, Judge Denise Cote of the U.S. District Court for the Southern District of New York trimmed claims from a lawsuit brought by the National Credit Union Administration Board.
    United StatesFinance and Banking
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  • Article

    Judge Scheindlin Denies Motion To Dismiss NCUA Claims

    NCUA alleges that HSBC failed to perform its duties as the indentured trustee for 37 RMBS trusts.
    United StatesFinance and Banking
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  • Article

    Morgan Stanley And Natixis Win Dismissal Of RMBS Claims

    Justice Friedman ruled that all claims against Natixis were barred by the statute of limitations for fraud in New York, finding that Plaintiffs could have discovered the alleged fraud at least two years prior to filing.
    United StatesFinance and Banking
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  • Article

    Morgan Stanley Settles RMBS Litigation With FDIC For $63M

    On January 29, Morgan Stanley and the Federal Deposit Insurance Corporation agreed to settle five suits encompassing state and federal claims...
    United StatesFinance and Banking
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  • Article

    New York Appellate Court Affirms Motion To Dismiss RMBS Complaint Against Morgan Stanley

    The Appellate Division, First Department, of the New York State Supreme Court affirmed a trial court order granting Morgan Stanley's motion to dismiss claims brought by Dexia SA's subsidiary FSA Asset Management LLC.
    United StatesFinance and Banking
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  • Article

    New York Appellate Court Holds Repurchase Demand Analysis Is Not Protected Work Product

    The First Department of the Appellate Division of the Supreme Court of the State of New York decided an appeal in an action brought by Bank of New York Mellon, as RMBS Trustee...
    United StatesFinance and Banking
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