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MATTER OF PART 60 RMBS PUT-BACK LITIG.

6469N, 777000/15, 153945/13, 595610/15.

161 A.D.3d 436 (2018)

2018 NY Slip Op 03221

In the Matter of Part 60 RMBS Put-Back Litigation. Natixis Real Estate Capital Trust 2007-HE2, Plaintiff/Counterclaim Defendant-Respondent, v. Natixis Real Estate Capital, Inc., Defendant/Counterclaim Plaintiff-Appellant. Natixis Real Estate Holdings LLC, Third-Party Plaintiff-Appellant, v. Wells Fargo Bank, N.A., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2018.

In this residential mortgage-backed securities put-back action, the securities administrator, Wells Fargo Bank, N.A., separate securities administrator, Computershare Trust Company, National Association, and the nonparty certificateholders, shared the common legal interest of pursuing the mortgage put-back claims. Due to the "no-action" clause in the applicable pooling and servicing agreement, the allegedly injured certificateholders...

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