NY's High Court Further Clarifies RMBS Legal Landscape

By Christopher Malloy Robert Fumerton, Alexander Drylewski and Maria da Silva (January 8, 2019, 1:41 PM EST) -- Over the 10 years since the financial crisis, New York state and federal courts have seen a surge in litigation involving residential mortgage-backed securities, or RMBS. These cases typically have involved RMBS investors, insurers or trustees asserting claims against the various entities involved in the mortgage origination and securitization process. Given the complexity of the underlying transactions, interpreting the governing agreements has been the subject of prolonged litigation. Moreover, because the agreements at issue typically predate the financial crisis, and are many times more than a decade old, the statute of limitations frequently is invoked as a defense....

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