Just like in the MBIA suit against BAC where it was ruled that there won't be a loan by loan review (sorry Brian Moynihan but you can't litigate the plaintiff to death) but rather a statistical sampling will be used in future put back requests.
So the very roles taken on by various banks such as servicer and or trust could in fact cause their actions within that capacity to yield some serious legal and financial damage to them as originator. Apparently this is the structured finance version of kicking yourself in the A$$.
EMC JPM Wells
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