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212139P.pdf 02/02/2023 ResCap Liquidating Trust v. Primary Residential Mortgage
U.S. Court of Appeals Case No: 21-2139
U.S. District Court for the District of Minnesota
[PUBLISHED] [Loken, Author, with Colloton and Shepherd, Circuit Judges]
Civil case - Residential Mortgage-backed Securities. In this action the
liquidating trust formed as part of the bankruptcy of Residential Funding
Company attempted to recover funds from Primary Residential Mortgage, one
of the loan initiators who sold Residential Funding defective or
unrecoverable loans prior to collapse of the mortgage market in 2008. In
the action, the liquidating trust alleged fraud and breach of contract.
The district court's judgement in favor the liquidating trust and its
award of damages and attorneys' fees and costs is affirmed; however, the
district court erred when it did not apply the federal statute on interest
rates - 28 U.S.C. Sec. 1961 - in calculating prejudgment interest.