McKool Smith has secured a pivotal trial win on behalf of junior bondholders—400 Capital Management, La Verdad Holdings, Solula LLC, and Robert Dechert—in a high-stakes residential mortgage-backed securitization (RMBS) trustee proceeding concerning 34 RMBS trusts.
Media coverage can be found below:
- “NY Court Sides With Junior Investors In RMBS Trust Dispute” Law360 (07-25-2025)
“A New York state court resolved a dispute between bondholders in 34 residential mortgage-backed securities trusts about how to handle repayment of principal amounts deferred during the 2008 financial crisis, siding with junior bondholders after a 17-day bench trial.”
- "Media Coverage: McKool Smith Secures Industry-Shaping Trial Victory, Clarifying Treatment of Deferred Principal in RMBS Trusts" Asset Securitization Report/National Mortgage News (07-24-2025)
"The New York Supreme Court has weighed in on a contractual dilemma Wells Fargo has reportedly faced as a residential mortgage-backed securities trustee with a responsibility to oversee investor payment distributions impacted by unforeseen policy changes.
A judge has ruled on how trustees and servicers should handle forborne principal from loans in the now-defunct