The Current State of Litigation Related to Repurchase/ Indemnification Demand

This article provides practical guidance for mortgage loan sellers and originators evaluating, responding to, and negotiating repurchase demands. It outlines steps sellers can take to respond without waiving any rights under a loan purchase agreement.

The rapid expansion of bank–fintech partnerships—particularly through banking-as-a-service (BaaS) models—has fundamentally reshaped the delivery of financial products. But as these relationships proliferate, so too does litigation risk. Many of the resulting disputes hinge on a fam...

Sellers of residential mortgage loans face serious financial risks if they sign purchase agreements without careful review. Key provisions on fraud, defaults, materiality, and survival periods can create unlimited liability well beyond any profit earned.