Legal Opinion

Deutsche Bank National Trust Co. v. Flagstar Capital Markets Corp.

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

Decided August 11, 2016No. 653048/13 1492PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Acosta, J.

In this appeal, we must decide whether the statute of limitations bars a breach of contract action that was brought more than six years after the seller made allegedly false representations and warranties as to loans underlying residential mortgage-backed securities (RMBS). We find that dismissal of the action is mandated by the Court of Appeals’ decision in ACE Sec. Corp., Home Equity Loan Trust, Series 2006-SL2 v DB Structured Prods., Inc. (25 NY3d 581 [2015]), which sets forth a clear rule that a breach of contract claim in an RMBS put-back action accrues on…

2Cases cited6 opinions

  1. Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
  2. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  3. ACE Securities Corp. v. DB Structured Products, Inc.New York Court of Appeals · 2015
  4. Deutsche Bank National Trust Co. ex rel. GSR Mortgage Loan Trust 2007-OA1 v. Quicken Loans Inc.Court of Appeals for the Second Circuit · 2015
  5. Shapley v. . AbbottNew York Court of Appeals · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.Court for the Trial of Impeachments and Correction of Errors · 2017
  2. Deutsche Bank Natl. Trust Co. v. Flagstar Capital Mkts.New York Court of Appeals · 2018
  3. Bank of New York Mellon v. WMC Mortgage, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Bank of New York Mellon v. WMC Mortgage, LLCNew York Supreme Court · 2016
  5. Federal Housing Finance Agency v. Morgan Stanley ABS Capital I Inc.Appellate Division of the Supreme Court of the State of New York · 2017

10 more not listed; retrieve them via the Exa API.

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