Cashmere v. State of Washington Dept of Revenue: Recent REMIC case in Washington

They didn’t even assign the financial assets – makes sense to me. Hopefully, Judges are starting to see the light.

justiceleague00's avatarJustice League

This is a Sept 25, 2014, Washington State supreme court ruling on REMIC taxes not exempt because Cashmere did not receive any interest in mortgages or deeds of trust to back its investment.

Cashmere v. Dept of Revenue (PDF)

Michael Gamsky testified that REMIC investments are not secured transactions because issuers do not pledge any property as security for the investments. He explained that investors who purchase REMIC certificates are beneficiaries of a trust and they have contractual rights under the pooling and servicing agreement, but they are not secured investors.

After reviewing the evidence, the superior court granted summary judgment to DOR. The Court of Appeals affirmed, holding that Cashmere’s investments were not primarily secured by first mortgages or deeds of trust because Cashmere had no power to institute foreclosure proceedings. Cashmere Valley Bank, 175 Wn. App. at 418. Thus, the bank’s investments were not secured and the deduction…

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AIG’s Ex-CEO Says He Took the Job to Help His Country

Oh, sometimes Edward you are just too funny for words. Anyone vote for a lie detector… What did he know and when did he know it?

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hahamouse

LOL! What a joke! You mean steal from his country…

Former American International Group Inc. (AIG) Chief Executive OfficerEdward Liddy defended his role as the government-tapped leader of the company at the time of a 2008 bailout, saying he took the job to help his country and protect shareholders.

Without taking an $85 billion loan from the Federal Reserve Bank of New York at steep terms, which now face a legal challenge from then-largest AIG shareholder Maurice “Hank” Greenberg’s Starr International Co., the insurer would have wound up in bankruptcy and stockholders “would have been wiped out,” Liddy told a government lawyer today in Washington federal court.

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2nd Circ. Kills $27B Deutsche Bank RMBS Suit

Judges are finally reading the FCIC Commission report, yeah? http://fcic.law.stanford.edu/report

justiceleague00's avatarJustice League

Law360, Los Angeles (October 17, 2014, 9:14 PM ET) — The Second Circuit on Thursday declined to grant a panel or en banc rehearing of its decision to toss an investor class action alleging Deutsche Bank AG lied about its $27 billion exposure to risky mortgage assets during the financial crisis.

A three-judge appellate panel in July refused to revive the action, finding that the bank’s estimation of its position was a matter of opinion. It held that the plaintiff investors failed to establish that statements from the bank about its exposure to risky residential mortgage-backed…

Source: Law360

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N.Y.’s Lawsky Considering Strict Cybersecurity Regime for Banks

Does Lawsky even understand that there is a storage vat of personal data – already and waiting unless the borrowers “opt-out” after the fact?

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Banks chartered in New York could soon be required to appoint chief information security officers and submit to quarterly tests of their systems’ vulnerabilities under a cybersecurity regime being considered by state regulator Benjamin Lawsky.

Those strict requirements appear in the Department of Financial Services’ sweeping, controversialproposal for regulating virtual currency businesses. Lawsky said this week he is thinking of using the cybersecurity provisions of the so-called BitLicense framework as a model for banks and insurance companies on his watch. Those rules would be far more stringent than any existing data-security regulations for financial institutions.

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Woman Says Bank Foreclosure Killed Her Mom

Psychotic comes to mind. Hope there is a jury trial.

justiceleague00's avatarJustice League

FRESNO, Calif. (CN) – A woman died after Wells Fargo locked her out of her home in foreclosure proceedings, leaving her unable to plug in the oxygen concentrator she needed to live, her daughter claims in court.
Brooke Noble sued Wells Fargo Bank on Thursday in Superior Court, for negligence and the wrongful death of her mother, Marsha Kilgore.
She claims that in its foreclosure proceedings, Wells Fargo violated state orders and locked her mother out of her home. Her mom died on Oct. 16, 2013, “from inability to breathe,” according to the lawsuit.
The bank knew that her mother was dependent on an oxygen concentrator that needs to be plugged into the wall, Noble says.

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