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Banking and Finance Law

Selected Works

2011

Law and Society

Articles 1 - 2 of 2

Full-Text Articles in Law

False Security: How Securitization Failed To Protect Arrangers And Investors From Borrower Claims, Kathleen C. Engel, Thomans J. Fitzpatrick Apr 2011

False Security: How Securitization Failed To Protect Arrangers And Investors From Borrower Claims, Kathleen C. Engel, Thomans J. Fitzpatrick

kathleen c engel

False Security: How Securitization Failed to Protect Arrangers and Investors from Borrower Claims

by Kathleen C. Engel and Thomas J. Fitzpatrick IV

The future of housing finance is in a state of flux. Fannie Mae and Freddie Mac, the two largest loan arrangers in the United States, are in conservatorship. Private sector securitization of mortgages has almost completely stopped. As a result, Fannie, Freddie and Ginnie Mae now own or guarantee almost all new residential mortgage loans. In February 2011, the Obama Administration released a proposal outlining three plans for the future of housing finance. In all three plans, Freddie …


Combining Forces: The Joint Defense Agreement In Civil Litigation, Stephen Messer Dec 2010

Combining Forces: The Joint Defense Agreement In Civil Litigation, Stephen Messer

Stephen Messer

From day one of law school aspiring lawyers are taught that information shared in confidence between a lawyer and his client is confidential. Although all lawyers are well aware of this, surprisingly few know that conversations with a client and someone else's lawyer can also be privileged. This is what happens when a joint defense agreement is created; Joint defense agreements extend the attorney client privilege throughout the entire defense camp in cases where multiple defendants and their counsel have common interests in the litigation. This often overlooked, yet highly effective legal strategy may serve as a valuable tool for …