Show Me the Note, Again …

Years ago, “show me the note” contagion took hold in the subprime mortgage market. Borrowers launched widespread attacks on foreclosure actions once tales of successful early challenges were reported in the media. With the recent reports in The New York Times about National Collegiate Student Loan Trusts’ problems enforcing student loans due to incomplete documentation, the same contagion could...

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CFPB Arbitration Rule Could Fuel Litigation, Impair Securitization Market Liquidity

Joseph Cioffi was quoted in an Inside MBS & ABS article, “CFPB Arbitration Rule Could Fuel Litigation, Impair Securitization Market Liquidity.”

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On the Dark Side of Automation: Borrowers Will be Affected but Marketplace Lending is a Potential Bright Spot

As lenders lean on data, algorithms and automation for more efficient loan underwriting, observers have noted that these largely untested tools have yet to go through an economic cycle. The greatest challenge for automated lending, however, may lie in the very technology that drives it. Artificial intelligence and automation aren’t just for lenders, after all—and as companies across industries...

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The Dark Side of Automation: Impact on Subprime Auto Borrowers

Joseph Cioffi’s article, “The Dark Side of Automation: Impact on Subprime Auto Borrowers” was published in ValueWalk.

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On The Dark Side of Automation: Impact on Subprime Auto Borrowers

Self-driving cars, car sharing and subscription-based vehicle services: these are destined to affect the auto industry in ways that will make the current sales slump and shift from cars to SUVs seem like a bump in the road. Predictions vary widely as to when the sea change in how we think about cars and how they fit into our lives will come, but its inevitable arrival is often portrayed as part...

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Oh, The Indemnity! New Claims May Follow RMBS Settlements

Joseph Cioffi and Seiji Newman’s article, “Oh, The Indemnity! New Claims May Follow RMBS Settlements” was published in Law360.

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Oh, the Indemnity! Claims for Reimbursement May Follow RMBS Litigation Settlements

When the Roman philosopher, Seneca, said, “Every new beginning comes from other beginning’s end,” he probably didn’t have litigation cycles in mind, but the quote is apropos of recent actions by defendants in RMBS litigation on the heels, or in anticipation, of their concluding litigation. The statute of limitations may have expired on new claims for repurchase or fraud based on alleged loan...

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