Emc motgage5/6/2023 ![]() ![]() ("Chase") took over the role and responsibilities of Servicer/Master Servicer from EMC. As of April 1, 2011, Defendant JP Morgan Chase Bank, N.A. In addition to its role as sponsor of the securitizations, Defendant EMC acted as the Servicer/Master Servicer for the Trusts following the issuance of the Certificates. The Trusts then issued Certificates backed by the Mortgage Loans to investors. The Depositor in turn conveyed the Mortgage Loans and assigned its rights under the MLPAs to the Trusts, pursuant to Pooling and Service Agreements ("PSA"). ΒΆ 22.) EMC then sold the Mortgage Loans to the Depositor, non-party Bear Stearns Asset Backed Securities I LLC, pursuant to Mortgage Loan Purchase Agreements ("MLPAs"). To form these four securitizations, EMC bought more than 42,000 mortgage loans ("Mortgage Loans") from third party originators. For the reasons that follow, Defendants' motion is granted in part and denied in part. This matter comes before the Court on Defendants' motion to dismiss the Second Amended Complaint ("Complaint") pursuant to CPLR 3211(a)(1) and (a)(7). Bank" or "Plaintiff") asserts breach of contract, unjust enrichment, and declaratory judgment claims against Defendants EMC, JPMorgan Chase Bank, N.A. At the direction of certain certificateholders of these four trusts ("Trusts"), U.S. This action concerns certificates issued by four residential mortgage-backed securities ("RMBS") trusts created and sponsored by Defendant EMC Mortgage LLC ("EMC"). ![]()
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