Monthly Archives: June 2012

Insurer Gets Early Win on Buy-Back Causation

Proof of Causation Not Required for Insurer to Trigger Repurchase Demands On June 19, 2012, Judge Paul Crotty of the Southern District of New York provided a boon to monoline insurance provider Syncora Guarantee Inc. in its protracted litigation with JPMorgan Chase & Co. unit EMC Mortgage Corp. The focus of the litigation is a … Continue Reading

The FHFA’s New Buy-Back Statement

Higher Degree of Certainty and Clarity? The Federal Housing Finance Agency, the regulator of Fannie Mae and Freddie Mac, released a statement yesterday saying it was working with those two entities, which are the nation’s major government-backed mortgage securities investors, to “provide lenders a higher degree of certainty and clarity around repurchase exposure and liability … Continue Reading

New York Attorney General: Foreclosure Fraud and “Robosigning”

New York Attorney General Takes On Foreclosure Fraud, Including “Robosigning” New York Attorney General, Eric T. Schneiderman,  has announced the introduction of a bill that would protect New Yorkers from fraudulent business practices in the foreclosure process, including “robosigning.” The Foreclosure Fraud Prevention Act of 2012  imposes new criminal penalties for those who intentionally engage … Continue Reading

Residential Capital Files Bankruptcy: Part 2 of 2

ResCap and Ally Will Not Challenge Repurchase Claims In Part 1 of this series, we discussed the circumstances leading to the bankruptcy filing of Residential Capital (ResCap) , a residential mortgage loan originator and a subsidiary of Ally Financial Inc. (formerly GMAC.) In anticipation of the bankruptcy filing, ResCap’s board had approved the bankruptcy filing … Continue Reading

Residential Capital Files Bankruptcy: Part 1 of 2

Subsidiary of Ally Financial Inc. Files Chapter 11 Bankruptcy Residential Capital, a residential mortgage loan originator and a subsidiary of Ally Financial Inc. (formerly GMAC), filed for Chapter 11 bankruptcy protection in New York on May 14, 2012. Ally Financial was the financial arm of General Motors and, while taxpayers currently own only approximately 25% … Continue Reading

Credit Rating Agencies’ Opinions Are Not Immune

Recently, U.S. District Judge Shira A. Scheindlin, Southern District of New York, rejected the contentions of Morgan Stanley & Co. Inc. and several ratings agencies, including Standard & Poor’s, Moody’s and Fitch, that credit ratings are merely “predictive opinions” that cannot give rise to actions for negligence. The suit involves a consolidation of two lawsuits brought … Continue Reading