On July 23, 2013, a federal court in New York allowed
HSBC Bank USA to proceed with a putback lawsuit against DB Structured
Products Inc. (DBSP), a unit of Deutsche Bank AG, in connection with
approximately $640 million in residential mortgage-backed securities
(RMBS). HSBC, acting as trustee for Deutsche Alt-A Securities Mortgage
Loan Trust, filed its lawsuit
in November 2012, alleging that DBSP misrepresented the quality of
1,513 residential mortgage loans that it purchased and securitized in
2006. According to HSBC’s complaint, at least 323 of the loans
underlying the RMBS contained misleading documentation concerning
borrowers’ debt obligations, owner-occupancy rates, homeowners’
debt-to-income ratios, and employment status of borrowers. DBSP moved to
dismiss on the grounds that, inter alia, HSBC was trying to sue for
breaches of representations and warranties without providing sufficient
prior notice, and that the pooling and servicing agreement (PSA) limited
remedies to a loan-by-loan repurchase. In denying most of DBSP’s motion
to dismiss, U.S. District Judge Robert W. Sweet found that HSBC “more
than complied with the minimal notice requirements in the Agreements”
and DBSP’s failure to repurchase or cure despite receiving breach
notices was sufficient to establish a breach of contract claim. Judge
Sweet further ruled that monetary damages would be an appropriate remedy
because many of the disputed loans had already been liquidated or
foreclosed. The case is Deutsche Alt-A Securities Mortgage Loan Trust v. DB Structured Products, Inc., case number 12-cv-08594, in the U.S. District Court for the Southern District of New York. Read the opinion here.
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