Legal Opinion

Nomura Home Equity Loan, Inc., Series 2006-FM2 v. Nomura Credit & Capital, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 13, 2015No. 650337/13 652614/12 651124/13 653783/12PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

Sweeny, J.

These appeals stem from the securitization of residential mortgage-backed securities (RMBS) by Nomura Credit & Capital, Inc., the defendant in each case. The allegations and arguments advanced in the parties’ briefs are, with certain exceptions, materially similar throughout these four cases. Therefore, the factual and legal issues will be addressed in a unified manner, with pertinent differences noted where necessary.

As a starting point, it is necessary to understand how the debt instruments involved in these cases were created. Generally, the securitization…

2Cases cited21 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
  3. EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
  4. Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
  5. Reiss v. Financial Performance Corp.New York Court of Appeals · 2001

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3Cited by30 opinions

  1. Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.Court for the Trial of Impeachments and Correction of Errors · 2017
  2. Morgan Stanley Mortgage Loan Trust 2006-13ARX Ex Rel. U.S. Bank National Ass'n v. Morgan Stanley Mortgage Capital Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2016
  3. Natixis Real Estate Capital Trust 2007-HE2 Ex Rel. Wells Fargo Bank, National Ass'n v. Natixis Real Estate Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Ambac Assurance Corp. v. U.S. Bank Nat'l Ass'nDistrict Court, S.D. Illinois · 2018
  5. Ambac Assurance Corp. v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2017

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