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Volume 2014 - Number 45

November 26, 2014

Court Victories for Homeowner Associations May Heighten Risk in Non-Agency MBS, Provide More Legal Clarity

Recent court rulings in Washington, DC, and Nevada allowed foreclosures brought by homeowner associations over unpaid dues to extinguish mortgage liens, increasing the risk of loss for investors in non-agency MBS and single-family rental securitizations, according to Moodyís Investors Service. Although both jurisdictions are relatively small in the grand scheme of things, other courts could adopt the same interpretations, the rating service said. Nevada has already seen some 1,000 similar cases, and more homeowner and condo associations are like to bring similar lawsuits. In Nevada, the court decided...

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This weekly covers the secondary mortgage market, including mortgage-backed securities and asset-backed securities.

 

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