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ABS Update

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

Servicers Not Subject to Professional Malpractice Claim
ABS Update

Servicers Not Subject to Professional Malpractice Claim

I recently came across a case involving (among other things) a professional malpractice claim against an auto loan servicer. The court held that loan servicers are not in the category Continue reading Servicers Not Subject to Professional Malpractice Claim

Champerty Defense Defeats Trustee Action Claims
ABS Update / Champerty

Champerty Defense Defeats Trustee Action Claims

The SDNY recently dismissed a lawsuit by Phoenix Light against U.S. Bank on champerty grounds. That is, the court found that the assignment of claims to Phoenix Light was illegal Continue reading Champerty Defense Defeats Trustee Action Claims

Recent Trustee Action Settlement
ABS Update / Claims Against Trustees

Recent Trustee Action Settlement

Royal Park v. BoNYM, 14-cv-06502-GHW, appears to have settled.

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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