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New York Federal Court Concludes That Choice-of-Law Clause Does Not Control Application of the Statute of Limitations

A New York federal court ruled that a pooling and servicing agreement (PSA) and mortgage loan purchase agreement (MLPA) that select New York as their governing law may not require application of New York’s statute of...more

Certificateholders in Article 77 Proceedings May Recover Attorney’s Fees in ‘Unique’ Cases

A New York court has determined that certificateholders in Article 77 proceedings may recover their attorney’s fees in “unique” cases where their efforts increase overall recoveries to the trust....more

2/2/2021  /  Attorney's Fees , Mortgages , Trusts

United States Supreme Court May Consider Constitutionality of Minnesota Trust Code

A Petition for Certiorari is pending before the Supreme Court of the United States in the case of Ambac Assurance Corporation v. U.S. Bank National Association, asking the Court to consider the constitutionality of whether...more

9/26/2019  /  Mortgages , Trustees , Trusts
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