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ABS Update

ABS Updates are brief notes on developing events relating to structured finance litigation

First Department Approves Sampling in Monoline Cases
ABS Update / Sampling

First Department Approves Sampling in Monoline Cases

On September 17, 2019, the First Department issued a decision in Ambac Assur. Corp. v. Countrywide Home Loans Inc., 2019 NY Slip Op. 06570 [175 AD3d 1156], approving sampling in monoline cases. Continue reading First Department Approves Sampling in Monoline Cases

Sole Remedy Provision Applied Only to Breach of Representation and Warranty Claims
ABS Update / Put-Back Actions

Sole Remedy Provision Applied Only to Breach of Representation and Warranty Claims

On September 17, 2019, the First Department issued a decision in HSBC Bank USA v. Merrill Lynch Mtge. Lending, Inc., 2019 NY Slip Op. 06567 [175 AD3d 1149], holding that a PSA’s sole remedy provision allied only to claims for breach of representations and warranties. Continue reading Sole Remedy Provision Applied Only to Breach of Representation and Warranty Claims

New First Department Put-Back Action Decision and New Settlement
ABS Update

New First Department Put-Back Action Decision and New Settlement

The First Department unanimously affirmed Justice Scarpulla’s January 9, 2019, partial summary judgment order in HEMT 2006-5 et al vs. DLJ MORTGAGE CAPITAL, INC., et al, Index No. 653787/2012. Continue reading New First Department Put-Back Action Decision and New Settlement

New Put-Back Actions and Another Royal Park Settlement
ABS Update

New Put-Back Actions and Another Royal Park Settlement

Here are the complaints in two recent put-back actions (here and here) and a letter to the court in Royal Park v. HSBC indicating that the parties have settled their Continue reading New Put-Back Actions and Another Royal Park Settlement

Recent Posts

  • First Department Issues Latest Guidance on Notice Relating to Put-Back Claims
  • Court Upholds RMBS Failure to Notify Claims
  • First Department Clarifies Limits of Champerty Claims
  • Assignment of Claims Regarding Defaulted Bonds Not Champertous
  • In RMBS Put-Pack Action, Court Leaves Open Possibility of Post-Suit Notice of Breaches

Abs Update Categories

  • Champerty (5)
  • Claims Against Trustees (19)
  • Cleanup Calls (6)
  • CMBS (1)
  • LIBOR Transition (2)
  • Put-Back Actions (23)
  • Sampling (3)
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