Search for: "The Bank of New York Mellon, As Trustee" Results 21 - 40 of 105
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11 Jul 2016, 2:02 pm by Thomas Kidera
On July 5, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York affirmed the partial grant of Bank of New York Mellon’s (“BNY”) motion to dismiss certain claims brought by RMBS investors arising from BNY’s alleged failure to perform its duties as RMBS trustee. [read post]
27 Jun 2016, 1:56 pm by Nicholas Poli
On June 23, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York decided an appeal in an action brought by Bank of New York Mellon, as RMBS Trustee, against WMC Mortgage and JP Morgan. [read post]
6 Jun 2016, 12:59 pm by Thompson & Knight LLP
Debtors’ liabilities total approximately $413 million which include: (i) $125 million pursuant to a 2014 Indenture with The Bank of New York Mellon Trust Company, N.A. as Trustee and Collateral Agent; (ii) and $283.5 million pursuant to a Second Lien Indenture also with The Bank of New York Mellon Trust Company, N.A. as Trustee;  and (iii) $5.8 million to several trade vendors. [read post]
16 May 2016, 12:45 pm by Thompson & Knight LLP
Debtors’ liabilities total approximately $7.695 billion in funded debt obligations which include: (i) $1.9 billion pursuant to a 2013 Lien Credit Agreement with Wells Fargo Bank N.A., as administrative agent; (ii) $1 billion pursuant to a 2015 Second Lien Notes with Delaware Trust Company, as successor trustee; (iii) $3.023 billion pursuant to several senior unsecured notes with Wilmington Trust Company, as indenture trustee; (iv) $899 million pursuant to a 2010… [read post]
2 May 2016, 10:11 am by Darren S. Teshima
  Plaintiff Bank of New York Mellon Trust Company, N.A., as trustee of a CMBS deal, alleged that Morgan Stanley breached an environmental conditions contract representation, requiring Morgan Stanley to repurchase an $81 million mortgage loan. [read post]
4 Apr 2016, 2:05 pm by Katie Lieberg Stowe
District Court for the Southern District of New York granted in part and denied in part Bank of New York Mellon’s motion to dismiss an action brought by BlackRock. [read post]
7 Mar 2016, 9:49 am by Thomas Kidera
Woods of the United States District Court for the Southern District of New York issued an Opinion and Order denying in part and granting in part the Bank of New York Mellon’s (“BNYM”) motion to dismiss an action brought by Royal Park Investments SA/NV (“Royal Park”) claiming damages of $1.12 billion arising from failures by BNYM, in its capacity as trustee, to protect the interests of investors in certain… [read post]
16 Feb 2016, 7:17 am by Thomas Kidera
On February 5, 2016, the Bank of New York Mellon (“BNY Mellon”), in its capacity as trustee of 530 RMBS trusts, filed an Article 77 petition with the Supreme Court of the State of New York requesting instruction as to how it should distribute proceeds from an upcoming $8.5 billion settlement payment from Bank of America Corporation. [read post]
11 Jan 2016, 9:09 am by James Fee
On December 23 and 24, Commerzbank AG filed four actions in the Southern District of New York against Deutsche Bank National Trust Company, HSBC Bank USA, N.A., Wells Fargo Bank, N.A., and the Bank of New York Mellon in their capacities as trustees for a number of RMBS trusts. [read post]
21 Dec 2015, 7:09 am by Thompson & Knight LLP
New Gulf’s liabilities total approximately $575 million which includes (i) $38 million owed pursuant to a 2014 Revolving Credit Agreement with MidFirst Bank as Administrative Agent, (ii) $365 million owed on account of senior secured notes with Bank of New York Mellon Trust Company, N.A. as trustee and collateral agent, (iii) $10 million owed to trade creditors in the ordinary course of business including royalty owners, and (iv)… [read post]
12 Oct 2015, 2:53 pm by Thomas Kidera
On September 29, 2015, Judge Valerie Caproni of the United States District Court for the Southern District of New York partially granted RMBS trustee Bank of New York Mellon’s (“BNYM”) motion to dismiss claims brought by Phoenix Light SF Ltd., and certain other RMBS investors (together, the “Plaintiffs”). [read post]
12 Oct 2015, 2:47 pm by Thomas Kidera
On October 2, 2015, Justice Saliann Scarpulla of the New York Supreme Court issued an Opinion and Order partially granting Bank of New York Mellon’s (“BNYM”) Motion to Dismiss an RMBS action brought by Commerce Bank and other RMBS investors (together, the “Plaintiffs”). [read post]
29 Sep 2015, 3:17 pm by Katie Lieberg Stowe
Cote of the United States District Court for the Southern District of New York endorsed Bank of New York Mellon’s (“BNYM”) September 18, 2015 letter reporting that the parties had settled a case in which BNYM sought repurchase of a number of allegedly defective loans as trustee for the GE-WMC Mortgage Securities Trust 2006-1. [read post]
29 Sep 2015, 3:08 pm by Katie Lieberg Stowe
On September 18, 2015, Justice Shirley Kornreich of the Supreme Court of the State of New York dismissed a $600 million suit brought by Bank of New York Mellon, as securitization trustee (“BNYM”), against WLM Mortgage, LLC, J.P. [read post]
8 Sep 2015, 8:10 am by Katie Lieberg Stowe
On August 18, 2015, Judge Denise Cote of the federal district court for the Southern District of New York addressed the appropriate measure of potential damages in an action by Bank of New York Mellon (BoNY), as RMBS trustee, against WMC Mortgage, LLC and GE Mortgage Holding, L.L.C. [read post]
21 Aug 2015, 2:05 pm by Shannon Leong
., acting as receiver for Guaranty Bank, filed suit against Bank of New York Mellon Corp. in New York federal court, alleging that BNY breached its duties as trustee of 12 RMBS trusts that issued approximately $2 billion in certificates. [read post]
20 Jul 2015, 2:09 pm by Steven J. Fink
On July 10, 2015, Judge Denise Cote of the Southern District of New York granted partial summary judgment in favor of defendants WMC Mortgage LLC and GE Mortgage Holding LLC in an action filed by Trustee Bank of New York Mellon (“BoNY”) in connection with the sale of over $900 Million in RMBS. [read post]
1 Jun 2015, 11:52 am by Thomas Kidera
  The court held that the liquidation of a breaching loan presents such a circumstance, and permitted Bank of New York Mellon’s claims as to foreclosed-upon loans to go forward. [read post]