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Abstract

Savings institutions have believed themselves to be secure in their mortgage trading practices, but recent failures of financial institutions and the entry into the mortgage market of non-regulated, non-banking entities have prompted some much needed re-examination of the real risks and the character of the legal relationships which arise from such transactions. This article shall identify those risks, particularly the insolvency of the originating lender, and the resulting consequences which may be visited upon the investing savings institutions.

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