Abstract

In the wake of the recent turmoil in the residential mortgage-backed securities (RMBS) marketplace, securitization trustees have been confronted with an array of issues that the governing securitization transaction documentation either did not anticipate or did not address adequately. Among the issues with which RMBS trustees have struggled are the proper treatment of loan modifications, enforcement of remedies in connection with alleged breaches of representation and warranties, the bankruptcy or insolvency of deal parties, and various requests for information and access to underlying loan data or documentation. The purpose of this article is to explore some of these issues and to suggest certain possible resolutions. <b>TOPICS:</b>Fundamental equity analysis, technical analysis

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