MBIA Ins. Corp. v. Countrywide Home Loans, Inc (2012) – Case Brief Summary (New York)

In MBIA Ins. Corp. v. Countrywide Home Loans, Inc., 93 AD3d 574, 574, 941 NYS2d 56 [1st Dept 2012], the First Department held that Countrywide's repurchase review documents were discoverable because "processing repurchase requests was an inherent and long-standing part of defendants' business." (Id. at 575.)

It did not matter that defendants had created a new division to respond to plaintiff's requests, "or that litigation appeared imminent," because the defendants were "contractually obligated" to conduct repurchase reviews and such reviews were conducted by non-lawyers. (Id.)