Understanding the Hunstein Decision’s Impact on Debt Collection

In a recent Reuters Legal News article, Joseph Cioffi and Nicole Serratore discuss the Eleventh Circuit Hunstein case and the series of appeals which call into question debt collectors' routine practice of sharing consumer information with third-party vendors as part of collection activities.

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Refinancing Challenges and Litigations Put Focus on CMBS Valuation

The “Location, Location, Location” mantra intended to mean the three things that matter most in real estate should be replaced by “Valuation, Valuation, Valuation.” Valuation is the foundation of a successful CMBS deal and key to setting expectations, from cash flow to recovery. It should take paramount importance in times of economic flux because when, as now, there is uncertainty and the...

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Repurchase Agreement Redux: Mortgage Loan Originator Bankruptcies Are Back

Residential mortgage warehouse providers acting under repurchase or “repo” agreements as buyers should be assured that safe harbors under the Bankruptcy Code will permit them to enforce their rights under repurchase agreements when originators file for bankruptcy, but, in reality, third parties may interfere.

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Bank of America to Pay $1.84 Billion to Settle Last Major Mortgage-Crisis Suit

Joseph Cioffi was quoted in The Wall Street Journal, "Bank of America to Pay $1.84 Billion to Settle Last Major Mortgage-Crisis Suit."

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Five Things to Know to Prepare for Consumer ABS Litigation

As performance risk grows in consumer ABS, legal risks will ensue. To negotiate best terms and prepare for potential disputes, every investor and deal party should know the ways the law has been transformed by years of RMBS litigation. This new legal framework, which impacts when and how claims must be made in order to survive challenge, will ultimately determine who wins and who loses in any...

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How Rising Interest Rates Impact CMBS

Joseph Cioffi was quoted in a Commercial Property Executive article, "How Rising Interest Rates Impact CMBS."

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Maturing CMBS Loans Face Greater Refinancing Hurdles

Joseph Cioffi was quoted in a Wealth Management Real Estate article, "Maturing CMBS Loans Face Greater Refinancing Hurdles."

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