BuyBackLitigation™

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BANKING & MORTGAGE LENDING LITIGATION | SETTLEMENTS:

  • BuyBack Repurchase Litigation | Assignee Trust Loan Liability |
    BuyBack Negotiation | BuyBack Settlement
    Warnings re Best Practices re Insurance Coverage
    Warnings re Best Practices re The Zone of Insolvency & Bankruptcy

    "Secondary Market Liability for Originating Predatory Loans, Refis, or Modifications

    Warning! Before you Deny the Debt, Seek Expert Legal Insurance Counsel!

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    Zone of Coverage™
    The Mortgage Industry Insurance Coverage Debate Site
    By Invitation Only

    Industry News:

    * On June 17, 2008, The Coalition for Mortgage Industry Solutions will hold its
    Executive Leadership Summit in DC. Click here for more info.

    * On July 18, 2008, Richard Ivar Rydstrom, Esq. will speak at the
    AFN Annual Mortgage Conference in Lake Tahoe. Attendees will receive
    The Zone of Insurance Coverage, Part 2. For more information or to register, click here.

    Articles | White Papers

    Mortgage Executive Practice Articles: Related Bankruptcy & Insurance Issues:

    “Zone of Insolvency” Meets the “Zone of Coverage” in the Mortgage Meltdown”
    Liability Lessons from the Official Take-Under of Bear Stearns!
     Part I – Issues Overview - All Sides! By Richard Ivar Rydstrom, Esq.

    Zone of Bankruptcy™
    The Mortgage Industry Bankruptcy Debate Site for Directors, Officers, Attorneys, Judges & Trustees
    By Invitation Only


    BuyBack and Assignee Trust Loan Litigation or Liability

Wall Street is not sitting around waiting to lose-their-shirt in this recent SubPrime Default & Foreclosure meltdown. If Wall Street, Investors and the GSEs implement a policy of demand and litigation against the Lenders for buy-backs of bad mortgage loans, the lenders/brokers and consumers may end up holding the loss. This may result in substantial BuyBack and Assignee Trust loan litigation or liability.

Problems & Solutions re Banking, Brokers, Lenders, Investors: In 2007, Mr. Rydstrom, Esq. was published by Chairman Rangel of the House Ways and Means Committee for the 110th Congress of the United States on Solutions to the Economy, Predatory Lending, Defaults & Foreclosures. Mr. Rydstrom created new Suitability Disclosures (TID) and risk mitigation devices (SHILO and FMII, DMII, IMII, BMII) that resolve issues for all market participants, including the borrower. Mr. Rydstrom created non-cash substitutes or equivalent risk-pricing (ERP) mortgage insurance investment funds (investment devices tradeable on Wall Street) to pay for the enhanced risk of the subprime borrower without overloading the borrower with unaffordable monthly cash payments. Risk must be paid for or the risk price formula becomes corrupt. The last round of nonprime lending contained “foreseeable ‘failed’ affordability” (“FFA”) due to overly cash-burdened risk mitigation. Which is by definition, failed risk mitigation. The question is, can this real risk inherent in the nonprime market be paid for with non-cash equivalents? Insurance, Funds, etc.?  Will "Wall Street" step up and create such vehicles? Or will Wall Street attempt another round without correcting FFA? Will Lenders and Brokers? Will congress and consumers?

Questions Abound: Similar questions of the Lender/Broker, can be asked of Wall Street. Did they take all reasonable steps to avoid ‘foreseeable’ defaults and foreclosures (FFA), or did they act knowingly? Did or will Wall Street (or GSEs) take any responsibility for suitability or affordability as to the consumer (borrower). Who are all of the responsible parties to assignments of known defective products, originations, or workouts? Stay tuned.

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      Problems / Solutions: Congressional Paper: Visit: www.bankriskmitigation.com

 

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Contact: BuyBack and Assignee Trust Loan Litigation or Liability Counsel

Richard Ivar Rydstrom, Esq., LL.M.
Attorneys & Counselors at Law
4695 MacArthur Ct. 11th Flr.
Newport Beach, Ca 92660
Tel: (949) 798-6206
Fax: (949) 606-9716
www.oconnellandrydstrom.com

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