U.S. Bank National Association v. DLJ Mortgage Capital Inc.

Decision: 2022.03.17 2021.05.06 (rearg)

Argument: 2022.02.08 vid. tr. 2021.04.27 vid. tr.

Whether the doctrine of relation back permits a residential mortgage-backed securities (RMBS) plaintiff-trustee to assert otherwise untimely notice-based claims for any loan in an RMBS trust, and thereby excuse the plaintiff’s failure to comply with a contractual precondition to invoking the repurchase remedy, when the plaintiff provided timely pre-suit repurchase demands relating to some specified loans in the trust. Whether plaintiffs are entitled to recover as damages interest that did not, in fact, accrue when an RMBS contractual provision provides for the payment of “accrued” interest as part of the repurchase remedy.

Related Case: Home Equity Mortgage Trust Series 2006-1 v. DLJ Mortgage Capital, Inc.

Select one… NYCA Merits Briefs NYCA Other Materials Lower Court Decision Lower Court Materials

• Mortgage-backed securities contract requires loan-by-loan pre-suit notice (U.S. Bank National Association v. DLJ Mortgage Capital, Inc.).
• Case set down for reargument.
• The April/May Session calendar is set (Feb. 18, 2021).
• Case Summary – U.S. Bank National Association v. DLJ Mortgage Capital Inc.