Archive for December, 2010
The New York Supreme Court on Wednesday ruled that MBIA Insurance Corp. did not have any way to discover if GMAC Mortgage LLC intentionally misrepresented the true nature of mortgage-backed securities that MBIA insured.
"It is not clear whether MBIA could have discovered the alleged misrepresentations concerning the loan characteristics before entering into the insurance agreements," Judge Bernard Fried wrote in his 15-page decision.
Twenty-days goes by fast when you are under investigation, your law practice is dwindling and you must respond to a proposed class-action lawsuit filed by your former employees. But a federal judge was not sympathetic to a request by the attorney for David. J. Stern who wanted more time to respond to the former employees’ lawsuit.
Stern was given 20 days to respond to a lawsuit filed by former employees on Dec. 2. The workers accused their former boss of violating the Worker Adjustment and Retraining Notification Act by failing to give them 60-days notice of mass layoffs that began in September. But on December 16 – six days before the Dec. 22 deadline – Jeffrey Tew, Stern’s attorney, filed court papers asking the judge to extend the deadline to Jan. 24, 2011.
The Minnesota couple refinanced in 2006 to start a business. It failed. Debts mounted. The Geweckes went bankrupt and failed to win a loan modification. But they bought time.
In 2009, the Geweckes filed a lawsuit to block their foreclosure. At the heart of their case is this question: Who owns their mortgage?














