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A Southern District judge’s ruling last week denying dismissal of most claims in a group of mortgage-backed securities repurchase suits sends another clear signal that courts are turning to an ever-expanding body of law to allow investors’ claims to move forward.

Last Thursday, Southern District Judge Alison Nathan, ruling in the consolidated set of cases Ace Securities Series 2007-HE3, Series 2007-WM2, Series 2007-HE4, 2007-HE5, v. Deutsche Bank, upheld each cause of action, save for declaratory judgment.

The suits, brought between March and May 2013 by Holwell Shuster & Goldberg on behalf of plaintiff trustee HSBC Bank, allege that sponsoring institution Deutsche Bank Structured Products misstated the quality of the residential mortgage loans securitized into these trusts, then refused to cure or repurchase the loans upon learning they breached the underlying representations and warranties.

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