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Jonathan C. Wishnia is a Member of the firm's Corporate Department and its Mortgage Banking and Finance Practice Group. Mr. Wishnia is a capital markets attorney who advises on mortgage and structured finance matters, including the trading and financing of whole loans and servicing rights, the servicing of mortgage loans and the securitization of various asset classes. Mr. Wishnia also works in coordination with the Capital Markets Litigation Group, providing forensic analysis services in connection with litigation and restructuring matters relating to mortgage- and asset-backed securities, collateralized debt obligations, asset-backed commercial paper conduits, structured investment vehicles and derivatives. In addition, Mr. Wishnia counsels clients on secured and unsecured credit facilities, asset purchases and sales, mergers and acquisitions and other general corporate and finance matters. Mr. Wishnia speaks at securitization industry conferences domestically and in Europe, and regularly appears in the media 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 mortgage loan servicers in connection with the negotiation and execution of servicing advance facilities.
- 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 selected "Law Firm of the Year" by Securitization News.
Recent Speaking Engagements:
"Outlook for M&A Activity in the CLO Sector in 2012," IMN CLO and Leveraged Loan Conference, New York, New York, March 26, 2012
"Recent Trends in Mortgage Backed Securities Litigation," City Bar Center for CLE, New York, New York, March 1, 2012
"Distressed Debt Investment Strategies," ASF 2012, Las Vegas, Nevada, January 24, 2012
"Role of the Trustee and Servicer in Deals Gone Sour," ABS East 2011, Miami, Florida, October 16, 2011
"Residential Mortgage Litigation & Regulation in the Capital Markets: A Look at the Latest Investor Claims & Emerging Regulatory Initiatives," 7th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Dallas, TX, U.S., September 20, 2011
"Impact of Leveraged Loan Performance on the CLO Markets," Global ABS 2011, Brussels, Belgium, June 15, 2011
"RMBS Litigation and Regulatory Enforcement: Defending Against Emerging Investor and Shareholder Claims and Ensuring Compliance with a Changing Regulatory Scheme," 6th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Washington, D.C., U.S., April 8, 2011
"Litigation Update," ASF 2011, Orlando Florida, U.S., February 2011
"RMBS Transaction Analysis for Enforcement Purposes," Continuing Legal Education, New York, New York, U.S., December 17, 2010
"Current Issues in the Secondary Mortgage Market," RSM McGladrey Risk and Compliance Breakfast, New York, New York, U.S., December 17, 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., June - December, 2010
"The Future of the Structured Credit Products Market," ABS East 2010, Miami, Florida, U.S., October 2010
"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
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RMBS Putback Litigation 2012: Actions By or Against the Trustees?
Total Securitization, October 17, 2011
Jonathan Wishnia,
Scott Walker
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Capital Markets Litigation Client Alert: Court Order Permits Discovery Regarding BofA $8.5 Billion RMBS Settlement
Capital Markets Litigation Client Alert, August 2011
Zachary Rosenbaum,
Donald Corbett,
Jonathan Wishnia,
Scott Walker
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Capital Markets Litigation Client Alert: BofA Settlement Information
Capital Markets Litigation Client Alert, July 1, 2011
Zachary Rosenbaum,
Donald Corbett,
Jonathan Wishnia,
Scott Walker
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Jonathan Wishnia comments on Goldman Sachs' emergence in monoline insurance.,
Securitization Intelligence, March 21, 2012
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Jonathan Wishnia comments on Bank of America-Merrill Lynch shrinking its business ties to Fannie Mae.,
Securitization Intelligence, February 24, 2012
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Jonathan Wishnia comments on President Obama's State of the Union address mortgage refinance proposal.,
Securitization Intelligence, January 26, 2012
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New York University School of Law
(J.D., 2002),
Executive Board Member, Journal of International Law & Politics
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University of Wisconsin-Madison
(B.B.A., 1999),
Initiate, Iron Cross Honor Society
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New Jersey
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New York
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2003,
U.S. District Court, District of New Jersey
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- President, Toastmaster's International - Lowenstein Sandler Toastmasters Club, November 2009 - present
- Member, American Securitization Forum, Outside Counsel Subforum, 2008 - present
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