News & Analysis as of

Breach of Contract Mortgage-Backed Securities

Freiberger Haber LLP

Conflicts of Interest and No-Action Clauses

Freiberger Haber LLP on

In Finkelstein v. U.S. Bank, N.A., 2025 N.Y. Slip Op 32882(U) (Sup. Ct., July 30, 2025) (here), plaintiff alleged that he was underpaid on his investment in a residential mortgage-backed securities (“RMBS”) trust due to the...more

A&O Shearman

New York Court Of Appeals Dismisses Contractual Claims Against Nomura In Four RMBS Suits

A&O Shearman on

On December 12, 2017, the New York Court of Appeals dismissed certain breach of contract claims brought by HSBC Bank USA, N.A. (“HSBC”) against Nomura Credit & Capital, Inc. (“Nomura”), in four separate actions related to...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

FCA has Published a Consultation Paper on Regulatory Fees and Levies for 2015/16 - ?On November 27, the Financial Conduct Authority (FCA) published for comment a consultation paper on its fees and levies as part of...more

Orrick - Finance 20/20

NY Court Dismisses Repurchase Suit Against Nomura In Part

On June 26, 2014, Justice Friedman of the Supreme Court of the State of New York partially granted Nomura Credit & Capital Inc.’s (Nomura) motion to dismiss a repurchase suit brought by Nomura Asset Corporation Alternative...more

Orrick - Finance 20/20

District Judge Reaffirms Denial of Motion to Dismiss RMBS Repurchase Suit

Orrick - Finance 20/20 on

On January 7, Judge Alvin K. Hellerstein of the United States District Court for the Southern District of New York denied WMC’s motion to reconsider the denial of its motion to dismiss in light of the intervening New York...more

Orrick - Finance 20/20

Judge Denies Dexia’s Bid to Dismiss MBS Claims as Time-Barred

Orrick - Finance 20/20 on

On June 6, Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York denied Dexia Real Estate Capital Markets’ (Dexia) motion to dismiss breach of contract claims brought by U.S. Bank National...more

Orrick - Finance 20/20

RMBS Claims Against U.S. Bank National Association Dismissed in Part

Orrick - Finance 20/20 on

On May 31, Judge John G. Koeltl of the United States District Court for the Southern District of New York granted in part and denied in part a motion to dismiss claims brought against U.S. Bank National Association (U.S....more

Orrick - Finance 20/20

MBIA and Bank of America Settle MBS Litigation for $1.7 Billion

Orrick - Finance 20/20 on

On May 6, monoline insurer MBIA announced that it had reached a $1.7 billion settlement with Bank of America in connection with alleged fraud and breach of contract claims related to Countrywide-issued mortgage-backed...more

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