After hearing about the Ibanez case (link to search on TT4L), every lender or loan servicer who holds an assigned note and real property lien is now tasking staff to evaluate their own risk on the key issue in the case: locating documents that prove ownership of both the note (a UCC question) AND the… Continue Reading
Tag Archives: CMBS Chain of Title
Fallout From the Ibanez case for CMBS? One State Already Fixed; But Federal Fix Needed For CMBS 2.0
Posted in Covered Bonds, Good Times for Lenders, Market Trends, Tough Times for LendersOne outcome from the Ibanez case: comments made by Yves Smith at Naked Capitalism and by Adam Levitin at Credit Slips are now receiving renewed attention: So What Else Has the American Securitization Forum Said That is Wrong? (Smith) ASF Lies Yet Again, Brazenly Asserts That Ibanez Ruling Validates Reliance on PSA for Transfers, Blank… Continue Reading
Lender Liability Returns: Sample Cases and Situations
Posted in Lender Liability, Tough Times for LendersIt has been a long, long time since claims of lender liability received any real attention. Indeed, Mike Baggett co-authored a book in the early ’90s on lender liability. Mike’s book was somewhat of a best seller among the tough time for lender crowd (which is tough for me to admit, since I went to… Continue Reading