Home Equity Mortgage Trust Series 2006-1 et al. v. DLJ Mortgage Capital, Inc. (“HEMT”) and U.S. Bank Nat’l Ass’n v. DLJ Mortgage Capital, Inc. (“HEAT 2007-1”)
Published on:
March 12, 2021
Committee:
Court:
New York Court of Appeals
Amicus Issue:
Whether the doctrine of “relation back” permits plaintiffs to proceed on repurchase claims as to untimely noticed loans.
Whether RMBS plaintiffs may demonstrate notice, liability, and damages using a “sampling” approach, rather than on a loan-by-loan basis (at issue in HEMT).
Counsel of Record:
Hughes Hubbard & Reed LLP
Shahzeb Lari
Hannah Miller
Other Amici:
None.