On November 14, Judge George B. Daniels of the United States District Court for the Southern District of New York dismissed several of U.S. Bank's repurchase claims against Citigroup Global Markets Realty Corp.  U.S. Bank alleged that Citigroup breached representations and warranties with respect to loans underlying $832 million of RMBS.  The Court dismissed the trustee's claim for breach of contract as to loans for which the trustee had not requested repurchase, holding that U.S. Bank did not sufficiently allege that Citigroup actually discovered any breaches of representations and warranties as to those loans.  The Court also dismissed the trustee's claim for anticipatory breach of contract based on repurchase requests sent to Citigroup the same day as the complaint was filed.  In addition, Judge Daniels dismissed claims against servicer CitiMortgage, Inc., holding the trustee's allegations suggesting CitiMortgage should have discovered breaches of representations and warranties in the course of servicing were conclusory and speculative.  The case remains pending against Citigroup as to claims for breach of contract with respect to the failure to repurchase 466 loans identified in pre-suit repurchase demands. Order.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.