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Ruling in Student Loan ABS Case Has Broad Legal Implications

February 10, 2022
Sam Manas
The decision, in a case pitting the CFPB against a student loan securitization trust, opens up the defendants to enforcement actions brought under federal law.
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Court Says CFPB Lawsuit Involving Student Loan ABS Can Proceed

December 23, 2021
Sam Manas
The defendants said the case was not timely and the bureau’s allegations didn’t apply to them because of statutory wording. The judge, using dictionary definitions and SCOTUS precedent, rejected those claims.
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New York Court Dismisses Usury Claims Against Chase

October 8, 2020
Yemeng Yang
The ruling partially lifts the cloud surrounding a 2015 ruling over the valid-when-made doctrine, providing banks with legal arguments to defend their securitization trusts against state usury laws.
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California Allows Electric Utilities to Securitize Undercollections

September 24, 2020
Brandon Ivey
With revenue lower than expected due to the coronavirus pandemic, California is allowing electric utilities to use securitization to avoid sharp rate increases for customers.
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Colorado Court Says Banks Cannot Pass Interest to Nonbanks

June 18, 2020
Yemeng Yang
The court declined to consider updates on the so-called valid-when-made doctrine. But the ruling is still subject to reconsideration.
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Court Rejects CFPB’s Settlement with Student Trusts

June 11, 2020
Yemeng Yang
A federal judge in Delaware rejected the CFPB’s $19.1 million proposed consent decree with 15 student loan trusts because the law firm that signed on behalf of the defendants lacked authority.
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Morningstar Settles Conflict-of-Interest Charges

May 21, 2020
Brandon Ivey
Ratings analysts at Morningstar allegedly engaged in sales and marketing activities in 2015 and 2016, a big no-no.
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Auto ABS Market Could See Wave of Putback Litigation

April 2, 2020
Brandon Ivey
During the 2008 financial crisis, investors in non-agency MBS sought repurchases from issuers, citing faulty underwriting and disclosures. A similar surge in putbacks could be on the way for the auto ABS market.
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Reforms Suggested to Attract Investors to Non-Agency MBS

March 12, 2020
Brandon Ivey
A longer statute of limitation and increased disclosure requirements could help attract long-term investors in the MBS and ABS market, industry experts recommend.
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Court Rules MBS Could be Subject to ERISA Standards

April 9, 2019
Brandon Ivey

A recent court ruling in the case of Powell v. Ocwen Financial could significantly expand liability for non-agency MBS participants by subjecting MBS transactions to the Employee Retirement Income Security Act. 

 


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