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Subprime Mortgage Meltdown: Is Litigation on its Way?

May 29, 2007

By Keith W. Miller and Matthew R. Paul

An institutional purchaser of mortgage-backed securities (MBS) recently brought an action against the MBS issuer and underwriter (among other parties) after the securities were downgraded and lost almost all of their value. This case, along with a recent Ninth Circuit decision upholding a jury verdict against a warehouse lender for aiding and abetting a subprime mortgage originators fraudulent sales practices, should serve as a warning of the types of claims warehouse lenders and MBS issuers and underwriters could face as a result of the recent meltdown of the subprime mortgage sector.