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Jonathan C. Wishnia
Counsel

Roseland
Tel: 973.597.2542 | Fax: 973.597.2543


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Jonathan C. Wishnia is Counsel to the firm's Corporate Department and a member of the firm’s Mortgage Banking & Finance, Global Financial Crisis Group and Capital Markets Litigation Groups. Mr. Wishnia is a capital markets attorney whose practice focuses principally on structured and mortgage finance-related matters, though he regularly counsels clients in connection with general corporate and finance matters, including mergers and acquisitions, asset purchases and sales and secured and unsecured credit facilities. Mr. Wishnia also provides transactional forensic analysis services in connection with litigation and restructuring matters relating to structured products, mortgage finance and other receivable matters. Additionally, Mr. Wishnia has counseled clients in the documentation, utilization and trading of derivative instruments, including credit default swaps, as individual transactions and in connection with other finance activities. Mr. Wishnia speaks at securitization industry conferences domestically and in Europe and is a regular source of media commentary on topics impacting the global securitization markets.

Some of Mr. Wishnia’s recent representative corporate matters include:

  • Counseling financial institutions, master servicers and servicers in connection with existing securitization and whole loan rights and obligations, as well as the acquisition or disposition of mortgage servicing rights and servicing portfolios.
  • Counseling an investment management company in connection with the proposed acquisition of interests in student loan-collateralized securities. 
  • Counseling an investment management company in connection with the renewal of a principal-protected notes platform.
  • Counseling investment management companies in connection with the potential acquisition of assets from the FDIC, including pursuant to the Legacy Loans program.
  • Counseling an advisory group in connection with a variety of mortgage-related consulting engagements.

Some of Mr. Wishnia's cross-disciplinary counsel has recently included the representation of: 

  • A European bank in connection with the dismissal of a $1.875 billion claim brought in New York by financial guarantor FGIC relating to loss protection on an asset-backed commercial paper conduit involving a complex array of puts, credit default swaps, commitment agreements and underlying CDO assets.
  • A European bank in connection with the defense of claims made by bondholders of a previously liquidated Irish structured investment vehicle.
  • An investment management company with more than $9 billion of assets under management in connection with its claims as a CDO noteholder in an ongoing litigation alleging improper use of derivative transactions.
  • An insolvent mortgage loan originator and servicer in connection with the disposition of assets pursuant to Chapter 11 of the Bankruptcy Code.
  • A distressed consumer receivables portfolio company in connection with the restructuring of its asset-based lending facility and a securitization vehicle.

Mr. Wishnia’s representative clients include investment managers and management companies, fund organizations and portfolio companies, investment and commercial banks, consulting firms, financial institutions, broker/dealers, mortgage servicers and originators and nonprofit foundations. Prior to joining Lowenstein Sandler, Mr. Wishnia served as an associate in the Structured Finance Group at Stroock & Stroock & Lavan LLP in New York. He was a member of the Group in 2005 when it was nominated for "Law Firm of the Year" by Securitization News.

Upcoming Speaking Engagements:
  • "The Future of the Structured Credit Products Market," ABS East 2010, Miami, Florida, U.S., October 2010
  • "Distressed Debt Investing:  Whole Loan and Structured Products Trades," Lowenstein University (CL-110), New York, New York, U.S. and Roseland, New Jersey, U.S., 2010 - present

Recent Speaking Engagements: 
  • "The Future of RMBS Servicing," ASF 2010, Washington, D.C., U.S., February 2010
  • "CDO Market Post-Mortem and Outlook," ABS East 2009, Miami, Florida, U.S., October 2009
  • "Effectively Managing Increased Litigation and Enforcement," Global ABS 2009, London, England, June 2009
  • "State Mortgage Finance and Foreclosure Avoidance Legislation," ASF 2009, Las Vegas, Nevada, U.S., February 2009
  • "Regulation AB: Why Am I Still Confused?," Lowenstein University (CL-110), New York, New York, U.S. and Roseland, New Jersey, U.S., 2007 - 2009





  • Reconsidering the Future of RMBS Servicing Structures
    The Journal of Structured Finance, Summer 2010
    Jonathan Wishnia

  • SEC's Overhaul of Asset-Backed Securities Regulations Part 1: Highlights
    Mortgage Banking & Finance Client Alert, April 8, 2010
    Jonathan Wishnia, Ryan Melcher

  • U.S. Department of the Treasury Asset Manager Selection Criteria
    Global Financial Crisis Alert, October 7, 2008
    Gary Wingens, Jonathan Wishnia

    View More...



  • Jonathan Wishnia discusses the implications of lenders and borrowers properly maintaining asset-based lending facilities, RMA Journal, September 2010

  • Jonathan Wishnia comments on underwriter liability for mortgage loan representations and warranties., Bloomberg, August 18, 2010

  • Jonathan Wishnia discusses the state of credit card securitizations, Is Credit Card ABS Set for a Rebound?, American Securitization, Summer/Fall 2010, Volume 4, Issue 2., American Securitization, Summer/Fall 2010

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  • October 3 - October 5, 2010
    ABS East


    differentiated by its sheer volume of high-quality lawyers.
    – Chambers USA Guide




    Capital Markets Litigation
    Corporate
    Derivatives and Structured Products
    Mortgage Banking & Finance


    Education

    New York University School of Law (J.D., 2002), Executive Board Member, Journal of International Law & Politics
    University of Wisconsin-Madison (B.B.A., 1999), Initiate, Iron Cross Honor Society 
     




    New Jersey
    New York




    2003, U.S. District Court, District of New Jersey




    • President, Toastmaster's International - Lowenstein Sandler Toastmasters Club, November 2009 - present
    • Member, American Securitization Forum, Outside Counsel Subforum, 2008 - present
    • Member, Lowenstein Sandler Mortgage Crisis Response Working Group, 2008 - present



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