On September 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in HSBC Bank USA, N.A. v. Nomura Credit & Capital, Inc., 2023 NY Slip Op. 33361(U), dismissing an RMBS loan servicer’s claim for
ABS Update
ABS Update, published by Lundin PLLC, focuses on legal developments and court decisions related to asset-backed securities (ABS) litigation, particularly in the context of residential mortgage-backed securities (RMBS). The blog covers topics such as enforcement of indenture provisions, notice requirements for put-back claims, trustee obligations regarding representations and warranties breaches, limitations on champerty claims, and procedural issues like statute of limitations and notice timing in RMBS litigation. It analyzes rulings from New York courts, including the Commercial Division and appellate courts, providing insights into contractual interpretation, trustee duties, and litigation strategy in ABS and RMBS contexts.
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Where Servicer and Originator Were the Same, Originator’s Failure to Cure Defective Loans Constituted Servicer Failure to Perform Event of Default
On September 21, 2023, Judge Engelmayer of the S.D.N.Y, issued a decision in Ambac Assurance Corporation v. U.S. Bank, 17 Civ. 2614 (PAE) (KHP), holding that where the servicer and originator were the same, the originator’s failure to cure…
Court Dismisses Claim Against Servicer for Failing to Give Notice of Representation and Warranty Breaches Because Originator Would Have Ignored Any Demand Made on It
On September 19, 2023, Justice Crane of the New York County Commercial Division issued a decision in HSBC Bank USA, N.A. v. Nomura Credit & Capital, Inc., 2023 NY Slip Op. 33252(U), dismissing a claim against Ocwen for failing…
Court Rejects Champerty Defense Where Plaintiffs Had Purchased Defaulted Bonds with the Intention of Suing to Collect on Them
On August 28, 2023, Justice Crane of the New York County Commercial Division issued a decision in Fortelus Funds Invs. Trust v. Hellas Telecom. (Luxembourg) II SCA, 2023 NY Slip Op. 32978(U), rejecting a champerty defense where the plaintiffs…
No-Action Clause Cannot Bar Claim Against RMBS Trustee
On June 15, 2023, the Court of Appeals issued a decision in IKB Intl., S.A. v. Wells Fargo Bank, N.A., 2023 NY Slip Op. 03302, holding that a no-action clause cannot bar a claim against an RMBS trustee, explaining:…
First Department Issues New Decision Relating to Claims Against RMBS Trustees
On March 30, 2023, the First Department issued a decision in MLRN LLC v. U.S. Bank, N.A., 2023 NY Slip Op. 01748, deciding several issues relating to investor claims against RMBS trustees.
Among the court’s holdings were:
- “[P]laintiff has
…
No-Action Clause Bars Suit
On March 17, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Antara Capital Master Fund LP v. Bombardier Inc., 2023 NY Slip Op. 50206(U), holding that a no-action clause barred suit when the…