Author Archives: Isaac Gradman

Judge Dismisses UG’s Tort and Statutory Claims Against Countrywide

Round one in the Battle of the Titans has gone to Countrywide. On October 6, 2009, the Central District of California handed down its decision on Countrywide’s (now part of Bank of America) Motion to Dismiss in the case of … Continue reading →

Posted in Uncategorized | Leave a comment

U.S. Regulators Chastise Banks on Loan Modifications; Political Tide May Be Turning on Home Loan Servicers

Servicers of home loans have thus far enjoyed preferential treatment by regulators in the shakeout from the recent financial crisis, but that may all be changing. On August 13, U.S regulators issued a joint statement to residential mortgage servicers warning … Continue reading →

Posted in banks, Barney Frank (D-MA), Christopher Dodd (D-CT), conflicts of interest, Federal Reserve, Helping Families Save Homes, junior liens, loan modifications, regulation, Treasury | 5 Comments

Article on William Frey, Countrywide and the Servicer Safe Harbor Published in Lombard Street E-Journal

I am excited to report that FinReg21, a leading website on financial services regulation, has published a feature-length article by me, entitled Why Should Servicers Get a Safe Harbor? How One Investor’s Lawsuit Forced Bank of America to Seek Shelter … Continue reading →

Posted in consitutionality, Countrywide, FinReg 21, Greenwich Financial Services, Helping Families Save Homes, legislation, litigation, loan modifications, Servicer Safe Harbor, William Frey | Leave a comment

In Letter to Bank Regulators, Senators Reverse Course

Loan servicers’ star may be quickly fading in Washington. In a stunning reversal of course, Representative Barney Frank (D-Mass.), Chairman of the House of Representatives Committee on Financial Services, and Senator Christopher Dodd (D-Conn.), Chairman of the Senate Committee on … Continue reading →

Posted in allocation of loss, Barney Frank (D-MA), BofA, Christopher Dodd (D-CT), Helping Families Save Homes, Hope For Homeowners, investors, loan modifications, Servicer Safe Harbor, William Frey | Leave a comment

New Evidence Shows Loan-to-Value Ratio Contributed Most Heavily to Mortgage Meltdown

An article published in the Wall St. Journal this week by Stan Liebowitz posits a purportedly new take on the causes of the mortgage meltdown. Liebowitz’s analysis of recent data on millions of individual loans published by McDash Analytics, a … Continue reading →

Posted in allocation of loss, foreclosure rate, irresponsible lending, lending guidelines, loan modifications, loss causation, LTV, negative equity, stated income, subprime, toxic assets, Wall St. | Leave a comment

Latest Gatekeeper Litigation: City of San Buenaventura Sues Deloitte Over WAMU Subprime Collapse

Following on the heels of the lawsuits against KPMG by New Century’s debtors for contributing to the collapse of the mortgage giant, accounting firm Deloitte & Touche (D&T) and the officers and directors of Washington Mutual Bank (WAMU) have been … Continue reading →

Posted in accounting, auditing, Deloitte and Touche, Ernst and Young, gatekeeper litigation, incentives, KPMG, Lehman Brothers, loss causation, ratings agencies, subprime, WaMu | Leave a comment

Obama Proposes Sweeping Reforms For Financial Regulation

Just last weekend, in discussing the current financial crisis with friends, I expressed concerns that in the panic to unfreeze the credit markets and stabilize the economy, our government would continue to simply throw money at the problem, while ignoring … Continue reading →

Posted in Barack Obama, Center for Responsible Lending, Federal Reserve, Government bailout, incentives, legislation, lenders, oversight, recession, regulation, TARP, Timothy Geithner, underwriting practices | Leave a comment

Obama Signs Helping Families Save Their Homes Act Into Law, Complete With Servicer Safe Harbor

On May 21, President Barack Obama signed the Helping Families Save Their Homes Act into law (P.L. 111-22), including the controversial “Servicer Safe Harbor” provision that relieves servicers of their contractual liabilities for modifying loans without investor approval. The House … Continue reading →

Posted in Barack Obama, Helping Families Save Homes, incentives, investors, irresponsible lending, legislation, loan modifications, Servicer Safe Harbor, toxic assets | 1 Comment

Grais & Ellsworth Launches ABS Investor Blog

On Monday, New York law firm Grais & Ellsworth jumped into the legal blogosphere with a new law blog on the fallout from the subprime mortgage crisis entitled “The ABS Investor Advocate.” According to named partner David Grais, the blog’s … Continue reading →

Posted in Grais and Ellsworth, Greenwich Financial Services, Helping Families Save Homes, investors, legislation, litigation, loan modifications, Servicer Safe Harbor, subprime, William Frey | Leave a comment

Helping Families Save Their Homes Act (S. 896) Passes Senate, Awaits Approval From House

The Senate passed a version of the Helping Families Save Their Homes Act (S. 896) on Wednesday by a vote of 91-5. The bill will now go back before the House of Representatives, which can adopt it, amend it, send … Continue reading →

Posted in allocation of loss, bankruptcy cramdown, Christopher Dodd (D-CT), Helping Families Save Homes, incentives, investors, legislation, loan modifications, Servicer Safe Harbor | 1 Comment