That would actually be pretty damn sweet for some lenders:
For some buyers, a securities-law claim could provide a way to undo a purchase. "The rights of recovery are so much better if you can say it is a security," said Burton Wiand, a former SEC attorney who now practices at Fowler White Boggs Banker in Tampa, Fla.
If the transaction should have been registered, buyers can rescind the deal and get their money back, without having to prove fraud and misrepresentation, attorneys said.
Turning my -14.5% ROI into a 0% ROI would be pretty sweet!
I don't guess it matters much for small lenders, but for Pensioner ($800K), Muleshoes ($400K), and others it would be worth a lawsuit. In the end, they might pay less in attorney's fees than what they lost on Prosper.
This pretty much would be the most apocalyptic thing that could happen to Prosper; if it all boiled down to this, it would wipe out every penny they have. Instant BK would probably be their only option, and the bagholding lenders would probably be screwed.
I'm trusting it's not going to come down to that.
