Lenders, servicers and others regulated by consumer protection statutes may be able to rest a bit easier following the U.S. Supreme Court’s recent decision in TransUnion LLC v. Ramirez (Ramirez), where the Court filtered out over 75% of claimants in a consumer class action because they did not suffer actual harm from the alleged statutory violations. The Ramirez decision is also potentially...
Residential mortgage lending has seemed to fare reasonably well in the thick of the pandemic due to stimulus and relief programs, but as pandemic-era relief recedes and foreclosures rise, hidden threats to a lender’s first priority lien status may become apparent and require resolution. With foreclosures up 9% in the first quarter of 2021 versus the prior quarter, several recent cases highlight...
Joseph Cioffi was quoted in an Asset-Backed Alert article, "End In Sight for Crisis-Era Case.”
2020 (and, by the looks of it, 2021) has taught us that predicting the future is no longer merely a fool’s errand as not even Nostradamus would find success in the prognostication business these days. Yet, as we said in our similar post on the subprime auto industry, we can’t let the uncertainty of the times prevent us from preparing for what may lie ahead in policy and programs from the...
Joseph Cioffi and Joel Melendez's article, “The Next Strain of Repo Litigation,” was published in The Real Estate Finance Journal. Click here to view the full article.
Joseph Cioffi was quoted in a Structured Credit Investor article, "Seeking Clarity."
As the economic crisis impairs the value of commercial mortgage-backed securities (CMBS) that collateralize loans to real estate investment trusts (REITs) to finance their investments, there is the prospect of increased margin calls, requiring REITs to provide additional funds to make up shortfalls in value. The case of AG MIT CMO, LLC et al. v. Royal Bank of Canada et al., No. 20-2547...
