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The TIA and REMIC securitizations: one year after Policemen’s Annuity

Alston & Bird LLP
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USA
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April 4 2013

In April 2012, U.S. District Court Judge William Pauley concluded that mortgage-backed pass-through certificates issued pursuant to pooling and

The Consumer Financial Protection Bureau defines “qualified mortgage” for residential loans what implications will this definition have for RMBS “put-back” litigation?

Alston & Bird LLP
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USA
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March 12 2013

The Consumer Financial Protection Bureau (the "CFPB") has amended Regulation Z with respect to the Truth in Lending Act, which regulates a lender's

RMBS “put-back” litigation: is the assured guaranty decision a game-changer?

Alston & Bird LLP
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USA
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February 11 2013

Based on a recent bellwether federal court decision, plaintiffs in mortgage loan put-back litigations may now have a roadmap to establish pool-wide

The impact of Cherryland and Chesterfield on new CMBS loan originations

Alston & Bird LLP
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USA
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May 11 2012

Two recent court decisions and a new piece of legislation from Michigan have spurred a ruckus over the relationship between the single-purpose entity (SPE)separateness covenant on solvency and the typical CMBS non-recourse carve-out guaranty

Recent decisions on non-recourse carve-outs in CMBS loans

Alston & Bird LLP
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USA
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March 19 2012

Recent court decisions in the state of MichiganWells Fargo Bank, NA v. Cherryland Mall, ____ N.W.2d _____, 2011 WL 6785393 (Mich.App. 2011) (Cherryland) in the Michigan intermediate appellate court and 51382 Gratiot Avenue Holdings Inc. v. Chesterfield Development Company, 2011 U.S. Dist. LEXIS 142404 (E.D. Mi. Dec. 12, 2011) (Chesterfield) in a federal district courthave presented lenders, master and special servicers with new considerations in enforcing their rights and remedies, but confronted borrowers and guarantors in real estate finance markets with vastly different legal liability and unexpected economic consequences than had previously been understood or thought to have been documented in CMBS mortgage transactions

REMIC tax concerns surrounding foreclosures

Alston & Bird LLP
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USA
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March 6 2012

A Real Estate Mortgage Investment Conduit (REMIC) is an entity employed to securitize loans secured by real property and that has been granted tax-favored status

New CREFC mediation proposal: a response to SEC’s proposed breach enforcement regulation

Alston & Bird LLP
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USA
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October 4 2011

In response to the growing proliferation of CMBS mortgage loan put-back litigation for loan seller breaches of representations and warranties and the SEC’s new focus on issuerseller disregard (as well as some purchaser litigation abuse) of requests for repurchase, the Commercial Real Estate Finance Council has proposed a Model Dispute Resolution and Remedies Provision (“Model Provision”) to be incorporated into Mortgage Loan Purchase Agreements (MLPAs) and Pooling and Servicing Agreements (PSAs) industry-wide to provide consistency and transparency to a process that many CMBS investors have lost confidence in as a protection against poor originator loan underwriting

SEC re-proposes transaction and registrant shelf eligibility requirements for asset-backed securities and requests comment on other outstanding rule proposals

Alston & Bird LLP
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USA
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August 4 2011

On July 26, 2011, the U.S. Securities and Exchange Commission (the “Commission”) re-proposed for public comment rules that seek to enhance the disclosure, reporting and shelf eligibility requirements for issuers of asset-backed securities (ABS

SEC proposes rules regarding third-party due diligence reports and certifications for asset-backed securities

Alston & Bird LLP
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USA
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June 1 2011

As part of its continuing efforts to implement the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), on May 18, 2011, the U.S. Securities and Exchange Commission (the “Commission”) unanimously approved for public comment proposed rules that would require nationally recognized statistical rating organizations (NRSROs), issuers and underwriters to make public the findings and conclusions of any due diligence reports prepared by a third-party service provider in an asset-backed securities transaction

SEC adopts first rules required by Dodd-Frank

Alston & Bird LLP
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USA
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January 24 2011

On Thursday January 20, 2011, the Securities and Exchange Commission (SEC) approved a set of final rules required by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) for asset-backed securities (ABS

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