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ABS Update

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

SDNY Rejects Sampling in Put-back Action
ABS Update / Put-Back Actions / Sampling

SDNY Rejects Sampling in Put-back Action

On March 10, 2022, Judge Nathan of the S.D.N.Y. issued a decision in U.S. Bank v. Goldman Sachs, 19-cv-02305-AJN, rejecting the use of sampling in an RMBS put-back action. Continue reading SDNY Rejects Sampling in Put-back Action

FFMER 2007-3 TIP
ABS Update / Put-Back Actions

FFMER 2007-3 TIP

U.S. Bank filed a TIP in Ramsey County, MN regarding a settlement of a put-back action relating to FFMER 2007-3.  Here are the notice, settlement agreement and order setting a Zoom hearing for March 21.  Anyone wanting to respond to the petition must do so no later than March 16. Continue reading FFMER 2007-3 TIP

Upcoming Court of Appeals Argument of Interest to RMBS Investors
ABS Update / Put-Back Actions

Upcoming Court of Appeals Argument of Interest to RMBS Investors

On Tuesday, April 19, 2022, the Court of Appeals will hear argument in ACE Securities v DB Structured Prods., (No. 34), APL-2020-126. Continue reading Upcoming Court of Appeals Argument of Interest to RMBS Investors

A Busy Week in the ABS World
ABS Update

A Busy Week in the ABS World

This has been a busy week in ABS news. The Court of Appeals heard oral argument in U.S. Bank v. DLJ on Tuesday. I will post links to the video Continue reading A Busy Week in the ABS World

Court of Appeals to Hear Reargument in U.S. Bank v. DLJ
ABS Update / Commercial Case Notes / Put-Back Actions / Statute of Limitation/Laches

Court of Appeals to Hear Reargument in U.S. Bank v. DLJ

On February 8, 2022, the Court of Appeals will hear reargument in U.S. Bank National Association v DLJ, APL-2020-18. The case issue statement describes the issues as: Contracts–Breach or Performance Continue reading Court of Appeals to Hear Reargument in U.S. Bank v. DLJ

Phoenix Light v. BoNYM Dismissed for Lack of Standing
ABS Update / Claims Against Trustees

Phoenix Light v. BoNYM Dismissed for Lack of Standing

Relying on the Second Circuit’s October 2021 decision in Phoenix Light v. U.S. Bank, which held that Phoenix Light lacked standing to sue U.S. Bank, the S.D.N.Y. dismissed Phoenix Light’s Continue reading Phoenix Light v. BoNYM Dismissed for Lack of Standing

NCUA Settles with HSBC
ABS Update / Claims Against Trustees

NCUA Settles with HSBC

NCUA and HSBC have agreed to settle NCUA’s trustee claims against HSBC.

TIPs and a Trustee Decision
ABS Update / Claims Against Trustees

TIPs and a Trustee Decision

Here are two recently-filed TIP/Article 77 proceedings:Deutsche Bank has filed a trust instruction proceeding in Orange County, CA regarding the termination of seven INDX trusts: 2004-AR8, 2004-AR14, 2005-AR6, 2005-AR10, 2005-AR18, Continue reading TIPs and a Trustee Decision

RMBS Trustee Seeks Guidance on Forborne/Deferred Principal in Optional Terminations
ABS Update / Cleanup Calls

RMBS Trustee Seeks Guidance on Forborne/Deferred Principal in Optional Terminations

Maclean Amlalo of the Oakleaf Group recently published an analysis for a recent trust instruction proceeding brought by Deutsche Bank regarding optional terminations.

RMBS Optional Terminations: A Closer Look into Forbearance Underpayments
ABS Update / Cleanup Calls

RMBS Optional Terminations: A Closer Look into Forbearance Underpayments

Maclean Amlalo of the Oakleaf Group recently published an analysis of trust termination underpayments.

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  • 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

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