Victories on Dispositive Motions in High-Stakes Mortgage Litigation

Various Mortgage Companies
Defense of mortgage loan originators against claims brought throughout the country asserting over $500 million in cumulative damages. The cases were initiated by major financial institutions seeking repurchase of or indemnification for large volumes of residential mortgage loans sold before the 2008 financial crisis. We won eight summary judgments and motions to dismiss in federal and state courts in cases of this type from 2013 through 2015. Six of the victories, the only ones appealed, were affirmed on appeal in January 2016 by the United States Court of Appeals for the Tenth Circuit.
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Enza G. Boderone
Of Counsel
Philip R. Stein
Practice Group Leader, Litigation
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Experience
Defense of ten loan originators and sellers in the RFC and ResCap Liquidating Trust Litigation. More than eighty suits comprising the consolidated action were brought by the successor to one of the largest private purchasers of mortgage loans, seeking repurchase and indemnification arising out of th...
Experience
Representation of homebuilder captive mortgage company in litigation brought by the FDIC, demanding repurchase of or indemnification for mortgage loans sold to IndyMac Bank. The FDIC settled all loans at issue, as well as almost 2,000 other loans allegedly subject to breaches of representations and ...
Experience
Representation of mortgage company in its defense against a $270 million breach of contract and indemnification action. After defeats in similar cases in other federal and state courts, Lehman Brotherssought recourse for new lawsuits in the Southern District of New York. Over 100 companies are being...
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