» RMBS/CMBS Litigation

New Guidance on Proof Required in RMBS Cases

Few RMBS cases have gone to trial. As a result, there is little clear guidance concerning the level of proof required to reach or avoid reaching a jury in an RMBS case, especially when the defendant is a trustee. A recent decision by Judge Valerie Ca… Read More
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Is Loan-by-Loan Proof of Breaches Really Required for all RMBS Claims?

Does the “sole remedy” provision set forth in PSAs require loan-by-loan proof of breaches and preclude the use of loan sampling for all RMBS claims? While case law has for some time been pointing in that direction, a recent holding from the Unite… Read More
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Investors Seek Class Certification in RMBS Lawsuits

Investors seeking recovery on RMBS claims have had mixed results pursuing their claims in class actions. Recently, an investor in two trusts involving Wells Fargo Bank N.A. as trustee requested class certification in a suit against the bank. Royal P… Read More
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