"Deutsche Bank National Trust Company, in its capacity as trustee (the “Trustee”) of 99 residential mortgage-backed securitization trusts created, sponsored, or serviced by Washington Mutual Bank (the “RMBS Trusts”), has entered into a settlement with JPMorgan Chase Bank, N.A. (“JPMC”) (the acquirer of Washington Mutual Bank) and the Federal Deposit Insurance Corporation (the “FDIC”), that resolves litigation concerning the RMBS Trusts commenced by the Trustee captioned Deutsche Bank National Trust Company v. FDIC, et al., No. 09-cv-1656 (RMC) (D.D.C.).
The effectiveness of the settlement is conditioned on approval of the Trustee’s acceptance of the settlement by a court in a trust instructional proceeding (“TIP”), which the Trustee has initiated in California Superior Court, Orange County Probate Division, in a matter captioned In re: Certain Trusts Created, Sponsored, and/or Serviced by Washington Mutual Bank and Certain Subsidiaries and Affiliates, No. 30-2016-00892014-PR-TR-CJC. The Trustee will also seek approval by the California Superior Court of a method of allocation of the settlement proceeds among and within the RMBS Trusts.
This website is intended to provide holders of certificates, notes or other securities representing interests in the RMBS Trusts (the “Certificateholders”), and to other persons potentially interested in the RMBS Trusts (including holders securities issues by certain secondary trusts which may be affected by the settlement), access to information concerning the TIP.
The Proposed Settlement Agreement could materially affect the interests of Certificateholders of the RMBS Trusts. Certificateholders of the RMBS Trusts and other persons potentially interested in the RMBS Trusts should therefore read all notices, documents and other information posted on this website, as well as documents filed with the TIP court, carefully in consultation with their legal and financial advisors. "
Has the criterion been meet?
"2.03. Termination. Unless otherwise extended by written agreement of the Parties, this Settlement Agreement will automatically terminate (i) in the event Final Court Approval has not been obtained on or before June 30, 2019, or (ii) prior to June 30, 2019, on the first business day following which securing Final Court Approval becomes legally impossible. For purposes of this Settlement Agreement, Final Court Approval will become legally impossible if and when the Approval Court has entered a final and non~appealable (including the expiration of any time to apply for discretionary review) judgment denying Final Court Approval."