Legal Opinion
Bank of New York Mellon v. WMC Mortgage, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 2015No. 654464/12 15092PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Moskowitz, J.
This breach of warranty action arises from a residential mortgage backed securitization called the J.P. Morgan Mortgage Acquisition Trust 2006-WMC4 (the Trust). The Trust was arranged and sponsored by defendant J.P. Morgan Mortgage Acquisition Corporation (JPMMAC), which made certain representations and warranties as to the quality of the mortgage loans in the Trust. We find that plaintiffs interpretation of the language of the representation and warranty at issue is the only reasonable interpretation, and therefore affirm the motion court’s denial of JPMMAC’s…
2Cases cited5 opinions
- Reiss v. Financial Performance Corp.New York Court of Appeals · 2001
- MBIA Insurance v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Bajraktari Management Corp. v. American International Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- D.B. Zwirn Special Opportunities Fund, L.P. v. SCC Acquisitions, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Goldstein v. PlotnickiAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by11 opinions
- Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.Court for the Trial of Impeachments and Correction of Errors · 2017
- Bank of New York Mellon v. WMC Mortgage, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Deutsche Bank Nat'l Trust Co. v. Morgan Stanley Mortg. Capital Holdings LLCDistrict Court, S.D. Illinois · 2018
- Gapiii, Inc. v. Seal Industries, Inc.Court of Appeals of Georgia · 2016
- Bank of New York Mellon v. WMC Mortgage, LLCNew York Supreme Court · 2016
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