In this issue:

• New Jersey Appellate Division Affirms Dismissal of CFA Claim Against Mortgage Loan Servicer
• New Jersey Appellate Division Affirms Dismissal of Claim Based on Dishonored Check and Award of Sanctions for Frivolous Litigation

In this issue:

• New York Appellate Division Refuses to Toll Accrual of Interest in Foreclosure Action Due to Delays
• New York Appellate Division Finds That Foreclosure Action is Time-Barred After Voluntary Discontinuance of First Action

In this issue:

• New York Appellate Division Refuses to Vacate Judgment of Foreclosure and Sale
• New Jersey Appellate Division Finds Duplicate Copies of Checks Sufficient to Establish Defense to Dishonored Check Claim

In this issue:

• New Jersey Appellate Division Refuses to Vacate Sheriff’s Sale on Motion Unsupported by Client Certification
• New Jersey Appellate Division Finds That Joint Account Held by Husband and Wife is Subject to Levy

In this issue:

• New Jersey Appellate Division Reaffirms That Offer of Judgment Rule Does Not Apply To Involuntary Dismissal
• New Jersey Appellate Division Affirms Dismissal of Claim Based on Dishonored Check

In this issue:

• New York Appellate Division Finds Insufficient Proof of Mailing Precludes Entry of Summary Judgment in Favor of Lender in Foreclosure Action
• New Jersey Appellate Division Enforces Arbitration Provision Against Consumer

In this issue:

• New Jersey Appellate Division Affirms Dismissal of Action Against Financial Institution Based on Ineffective Power of Attorney
• New Jersey Appellate Division Refuses to Vacate Foreclosure Sale Based on Allegedly Defective Notice of Sale

In this issue:

• New Jersey Appellate Division Enforces Online Arbitration Agreement 
• New Jersey Appellate Division Upholds Final Judgment of Foreclosure Against Borrower’s Challenge to Standing

In this issue:

• New York Appellate Division, Second Department, Refuses to Set Aside Foreclosure Sale
• New Jersey Appellate Division Holds That Lender Entitled to Interest Under Guaranty Mortgage

In this issue:

• Using Cost-Shifting in Responding to Overbroad and Burdensome Subpoenas
• New Jersey Appellate Division Strikes Down “Unconscionable” Arbitration Provision

In this issue:

• New Jersey Appellate Division Denies Appeal Seeking to Contest Foreclosure Action as Moot
• New Jersey Trial Court Rejects Borrower’s Unclean Hands Defense to Foreclosure Action

In this issue:

• New Jersey Appellate Division Reverses Trial Court and Dismisses Foreclosure Action With Prejudice as Untimely
• New Jersey Appellate Division Reverses Trial Court’s Denial of Motion to Vacate Final Judgment of Foreclosure

In this issue:

• New Jersey Appellate Division Finds Parties Required to Arbitrate Despite Lack of Explicit Waiver
• New Jersey Appellate Division Affirms Trial Court’s Order Vacating Final Judgment of Foreclosure

In this issue:

• Appellate Division Refuses to Bar Claims on Letter of Credit Under Entire Controversy Doctrine
• Appellate Division Affirms Final Judgment of Foreclosure and Dismissal of CFA Counterclaim

In this issue:

• Appellate Division Refuses to Bar Claims on Letter of Credit Under Entire Controversy Doctrine
• Appellate Division Affirms Final Judgment of Foreclosure and Dismissal of CFA Counterclaim

In this issue:

• Federal Court Dismisses Breach of Contract Claim Against Credit Union
• Federal Court Dismisses Complaint Against Bank Relating to Embezzlement by Customer’s Employee

In this issue:

• Debtor in Default May Assert Breach of Contract Claim Against Loan Servicer for Failure to Honor Loan Modification Agreement
• New York Federal Court Dismisses Complaint Against Bank That Processed Wire Transfers

In this issue:

• Third Circuit Applies “Reasonable Reader” Standard in Dismissing Fair Credit Reporting Act Claims
• New Jersey Federal Court Grants Application for Turnover Order of Funds From Joint Account

In this issue:

• New Jersey Appellate Division Reinstates Borrowers’ Claim to a Fair Market Value Credit
• New Jersey Appellate Division Rules That Debtor’s Chapter Seven Bankruptcy Discharge Does Not Prevent Creditor From Seeking to Foreclose on Real Property

In this issue:

• New Jersey Appellate Division Upholds Terms of Settlement Agreement in Foreclosure Action
• New Jersey Federal Court Dismisses Discrimination Claim Against Bank Based on Closure of Plaintiff’s Checking Account

In this issue:

• New Jersey Supreme Court Approves Increases to Jurisdiction Limits for Special Civil and Small Claims Matters
  
• New York Supreme Court Denies Motion Requesting Stay of UCC Foreclosure Sale
  
• New Jersey Appellate Division Reverses Dismissal of Claims Against Guarantor

In this issue:

• New Jersey Appellate Division Affirms Trial Court Order Denying Appellant’s Motion to Set Aside Sheriff’s Sale
• New Jersey Appellate Division Reinstates Final Judgment of Foreclosure Despite Defendant’s Claim It Was Not Served With Foreclosure Complaint

In this issue:

• New Jersey Appellate Division Overturns Final Judgment of Foreclosure Because of Question Over Possession of Note and Mortgage
• New Jersey Appellate Division Affirms Final Judgment of Foreclosure After Debtor Fails to Substantiate Objections to Proof of Amount Due

In This Issue:

• New Jersey Appellate Division Rejects Borrower’s Challenge to Foreclosure on Basis of Purported TILA Violation
• Owner of A Certificate of Deposit Seeking Payment Three Years After Maturity Must Rebut Presumption of Abandonment Under New Jersey Uniform Unclaimed Property Act

In This Issue:

• Governor Murphy Signs Law Requiring Notification to Municipalities of Foreclosures on Commercial Properties
• New Jersey Appellate Division Affirms Commercial Foreclosures That Were Based on Cross-Default Provision in Loan Agreements

In This Issue:

• New York Foreclosure Moratorium Set to Expire on January 15, 2022
• New Jersey Appellate Division Affirms Final Judgment in Residential Foreclosure Action
• Discharge of Mortgage Foreclosure Action Did Not Have Preclusive Effect on Related Claims in Law Division Action

In This Issue:

• New Jersey to Resume Evictions for Residential Foreclosures
• Federal Trade Commission Issues Updates to Standards for Safeguarding Customer Information
• Credit Report’s Description of Accounts as “Written Off” Did Not Violate Fair Credit Reporting Act

In This Issue:

• Kings County Supreme Court Cancels “Hardship” Conferences in Foreclosure Actions After Legal Challenge
• Plaintiffs’ Claims Against Bank Based on Fraudulent Transfer From Their Account are Dismissed for Failure to Follow Procedural Requirements
• New Jersey Appellate Division Reverses Grant of Summary Judgment to Lender on Guaranties

In This Issue:

• New York Extends Foreclosure Moratorium and Alters Hardship Declaration Process
• Third Circuit Determines That Court-Appointed Receivers Are Entitled to Quasi-Judicial  Immunity
• United States District Court Denies Cross-Motions for Summary Judgment on UCC Conversion Claim

In This Issue:

• New Jersey Supreme Court Rules That The Uniform Fiduciaries Law Does Not Permit An Affirmative Claim Against A Bank
• New Jersey Appellate Division Refuses to Vacate Default in Promissory Note Action Seeking to Enjoin Sale of Property
• New Jersey Appellate Division Declines to Bar Foreclosure Action Based on Entire Controversy Doctrine

In This Issue:

• New Jersey Chancery Court Refuses to Vacate Sheriff’s Sale Based on Borrower’s Incomplete Loss Mitigation Application
• Federal Court Dismisses Action Stemming From Foreclosure Judgment Pursuant to Rooker-Feldman Doctrine
• Appellate Division Declines to Vacate Final Judgment of Foreclosure Against Defaulted Defendant

In This Issue:

• New Jersey and New York COVID-19 Court Updates
• New Jersey Appellate Division Rejects Plaintiff’s Attempt to Relitigate Priority of Bank’s Mortgage
• New Jersey Appellate Division Affirms Ruling That Right to the Reinstatement of Mortgage Ends with the Entry of Final Judgment of Foreclosure

In This Issue:

• New Jersey and New York Both Enact Restrictions on Foreclosures in Response to COVID-19
• New Jersey Appellate Division Enforces “Hell-or-High Water” Provision in Third-Party Financing Agreement
• New Jersey Trial Court Finds Buyer of Foreclosed Property Failed to Comply with Strict Notice Requirements of New Jersey’s Foreclosure Fairness Act

In This Issue:

• New Jersey Chancery Division Holds That Recent Change in New Jersey Law Precludes Lender From Requesting Unlimited Number of Adjournments of Sheriff’s Sale
• New Jersey Appellate Division Rules That Judgment Lien has Priority Over Prior Improperly Recorded Mortgage
• New Jersey Chancery Division Grants Bank’s Motion to Strike Lease as a “Sham”

In This Issue:

• New Jersey Appellate Division Affirms Summary Judgment Order Dismissing Dishonored Check Action and Order Awarding Attorneys’ Fees 
• District Court Dismisses Claims Relating to Alleged Fraud in Wells Fargo Foreclosure Methods
• New Jersey Appellate Division Affirms Decision Vacating Final Judgment in Tax Foreclosure Action Against Mortgagee Based on Notice of Lis Pendens

In This Issue:

• New Jersey Appellate Division Affirms Denial of Motion Seeking to Vacate Final Judgment of Foreclosure 
• New Jersey Appellate Division Rejects Borrower’s Attempt to Avoid Foreclosure Based on Bankruptcy Order of Discharge
• New Jersey Appellate Division Affirms Foreclosure Judgment Entered Seven Years After Rejecting Borrower’s Loan Modification Argument

In This Issue:

• New Jersey Appellate Division Reverses Dismissal of Complaint Seeking Repayment of Loans as Time-Barred
• Federal Court Dismisses Borrower’s Complaint and Sanctions Borrower’s Counsel
• Appellate Division Rejects Upholds Denial of Motion to Vacate Final Judgment of Foreclosure After Sheriff’s Sale

In This Issue:

• New Jersey Appellate Division Affirms Priority of Bank’s Mortgage Lien Over Marital Possessory Interest
• New Jersey Appellate Division Rejects Challenge to Foreclosure Action Based on Unclean Hands Doctrine
• New Jersey Appellate Division Reverses Grant of Summary Judgment and Final Judgment of Foreclosure Due to Competing Notes Submitted to Court

In This Issue:

• New Jersey Federal Court Dismisses FDCPA and CFA claims Under Rooker-Feldman Doctrine
• New Jersey Appellate Division Affirms Dismissal of Claim for Failure to Pay on a Dishonored Check
• New Jersey Appellate Division Refuses to Vacate Final Judgment of Foreclosure Despite Mistakenly Filed Satisfaction of Mortgage

In This Issue:

• New Jersey Appellate Division Finds Service of NOI Deficient in Foreclosure Action
• New Jersey Appellate Division Affirms Final Judgment of Foreclosure
• New Jersey Appellate Division Finds that Borrower Lacks Standing to Challenge Transfer of Mortgage in Foreclosure Action

In This Issue:

• New Jersey Appellate Division Rejects Homeowner’s Arguments That Assignee Did Not Have Standing to Foreclose
• New Jersey Appellate Division Finds Subsequent Mortgagee That Recorded First is Not Entitled to Priority in Foreclose Action
• New Jersey Appellate Division Affirms Summary Judgment in Favor of Bank in Residential Foreclosure Action

In This Issue:

• New Jersey Federal Court Dismisses UCC and Common Law Claims Against Depository Bank
• New Jersey Appellate Division Refuses to Dismiss Foreclosure Complaint That Did Not Contain Allegations Concerning Assignments of Mortgage
• New Jersey Appellate Division Declines to Set Aside Sheriff’s Sale and Permit Redemption of Foreclosed Property

In This Issue:

• New Jersey Appellate Division Affirms Dismissal of Guarantors' Counterclaims Asserted After the Parties Settled the Matter
• Plaintiff-Borrower Survives Motion to Dismiss FDCPA Claims Against Law Firm That Filed Underlying Foreclosure Action
• New Jersey Passes Into Law a Series of Reforms Directed at Foreclosure Process

In This Issue:

• New Jersey Appellate Division Affirms Denial of Motion to Set Aside Sheriff's Sale Based on Alleged Agreement to Reinstate Mortgage
• New Jersey Appellate Division Reverses Summary Judgment in Favor of Issuer of Allegedly Dishonored Check
• New Jersey Appellate Division Finds Bank Not Required to Disgorge Payments Received From Borrower in Excess of Foreclosure Judgment

In This Issue:

• United States Supreme Court Rules Law Firm Filing Nonjudicial Foreclosure Action Not Subject to FDCPA
• New Jersey Appellate Division Rejects Borrower's Challenge to Mortgage Assignment Agreement in Defense of Foreclosure Action
• New Jersey Appellate Division Finds Bank Has Standing to Foreclose

We are delighted to add that Partner, Sandra Brown Sherman was included on the Top 50 Women Lawyers in the State list.

In This Issue:

• New Jersey Appellate Division Upholds Final Judgment of Foreclosure and Request to Affix Amount Due
• New Jersey Appellate Division Reinstates Borrower's Counterclaims Based on Withdrawn Modification Agreement
• New Jersey Appellate Division Holds Recorded Assignment Sufficient to Establish Standing to Foreclose

In This Issue:

• New Jersey Appellate Division Upholds Striking of Answer in Foreclosure Action
• New York Appellate Division Reinstates Aiding and Abetting Fraud Claim Against Bank Based on Issuance of Written Credit Reference
• New Jersey Trial Court Does Not Award 18% Default Interest to Lender as Damages

In This Issue:

• New Jersey Appellate Division Upholds Dismissal of Borrower's Trespass Counterclaim Against Lender
• New Jersey Appellate Division Reverses Writ of Replevin to Title Owner of Vehicle
• Federal Court Holds That Rooker-Feldman Doctrine Bars Claims Related to Foreclosure Action

In This Issue:

• U.S. District Court Applies Rooker-Feldman Doctrine to Plaintiff's Complaint Attacking Foreclosure Judgment
• New Jersey Appellate Division Affirms Bank's Standing to Foreclose
• New Jersey Appellate Division Upholds Modification of Loan Agreement Made in a Series of Emails

In This Issue:

• New Jersey Appellate Division Affirms Trial Court's Decision to Reform Mortgage to Include Different Property Than Identified In Mortgage
• New Jersey Appellate Division Affirms Trial Court's Determination That Bank Had First Priority Purchase Money Mortgage in Priority Dispute
• New Jersey Appellate Division Holds That Alleged Lack of Standing is Insufficient to Vacate Final Judgment of Foreclosure

In This Issue:

• Third Circuit Affirms Denial of Bank's Motion for Mutual Judgment Satisfaction Under Federal Rule of Civil Procedure 69
• District Court Grants Loan Servicer's Motion to Dismiss Claims
• New Jersey Appellate Division Affirms Denial of Motion to Stay Sheriff Sale

In This Issue:

• New Jersey Trial Court Applies Doctrine of Equitable Subrogation to Mortgage Priority Dispute
• New Jersey Supreme Court Adopts Daubert Factors
• New Jersey Appellate Division Affirms Entry of Summary Judgment and Final Judgment of Foreclosure

In This Issue:

• New Jersey Appellate Division Finds Predatory Lending Allegations Sufficient to Sustain Consumer Fraud Act Counterclaim
• New Jersey Appellate Division Affirms Reinstatement of Foreclosure Action Based on no Lack of Prejudice to Borrower
• New Jersey Appellate Division Affirms Foreclosure Judgment and Rejects Defendant's HOSA Counterclaim

In This Issue:

• New Jersey Federal Court Denies Motion for Appointment of Receiver
• New Jersey Appellate Division Upholds Final Judgment of Foreclosure Where Mortgage and Note Were Originally Held by Two Different Entities
• Update: CFPB Dismisses Case against PHH; U.S. District Court Holds CFPB Structure is Unconstitutional

In This Issue:

• New Jersey Appellate Division Affirms Dismissal of Claim Against Bank for Honoring Prison's Endorsement of Plaintiff-Prisoner's Check
• New Jersey Appellate Division Upholds Final Judgment of Foreclosure Despite Challenges to Service of Process
• New Jersey Appellate Division Finds That Contesting Answer Was Properly Stricken And Foreclosure Action Was Timely Filed

Sherman Atlas congratulates eight firm attorneys that have been selected among the 2018 NJ Super Lawyers and six firm attorneys that have been selected among the 2018 Rising Stars.

We are delighted to add that two firm Partners have been noted for receiving special recognition, Partners, Andrew Stamelman & Sandra Brown Sherman have been included on this year's New Jersey Super Lawyers Top 100 Lawyers list and Partner, Sandra Brown Sherman was included on the Top 50 Women Lawyers in the State list.

In This Issue:

• New Jersey Appellate Division Finds Bank Had Standing and Timely Filed Foreclosure Action
• New Jersey Appellate Division Reverses Trial Court's Decision That Notice of Intent to Foreclose Need Not be Served on Debtor's Estate in Case of Reverse Mortgage
• "Law of the Case" Doctrine Preserves Foreclosure Ruling in Favor of Bank

In This Issue:

• New Jersey Appellate Division Upholds Priority of Mortgage and Loan Modifications Over Discharged Lis Pendens
• New Jersey Appellate Division Affirms Grant of Summary Judgment and Award of Fees on "Frivolous" Consumer Fraud Action Claim
• Federal District Court Dismisses Seeking to Prevent Sheriff's Sale

In This Issue:

• D.C. Circuit Court of Appeals, En Banc, Holds That CFPB Structure is Constitutional
• New Jersey Appellate Division Finds Plaintiff is Not Holder in Due Course of Dishonored Check
• New Jersey Appellate Division Affirms Final Judgment of Foreclosure

In This Issue:

• New Jersey Appellate Division Upholds Judgment Against Self-Represented Guarantor
• New Jersey Appellate Division Enforces Arbitration Clause Contained in Online Agreement
• New Jersey Appellate Division Reverses Trial Court’s Turnover of Funds in Joint Account
• Sherman Atlas Announces New York Office Move

In This Issue:

• Federal Court Rejects Defendant’s Attempt to Avoid Class Action Under TCPA
• New Jersey Appellate Division Affirms Trial Court’s Finding That Bank Had Standing to Foreclose
• New Jersey Appellate Division Affirms Summary Judgment to Foreclosing Bank and Subrogates Mortgage of Other Lender

In This Issue:

• New Jersey Appellate Division Determines Foreclosing Bank is not a “Mortgagee in Possession” of Condominium Unit
• New Jersey Appellate Division Remands Trial Court’s Denial of Motion to Intervene Filed by Alleged Assignee of Mortgage in Foreclosure Action
• New Jersey Appellate Division Holds That Bank Can Foreclose After Several Assignments of Mortgage Loan

In This Issue:

• New Jersey Appellate Division Reverses Trial Court’s Dismissal of Bank’s Claim of Holder in Due Course Status
• New Jersey Appellate Division Clarifies Scope of Home Ownership Security Act
• U.S. District Court Dismisses Action Based on Alleged Violation of HAMP

In This Issue:

• New Jersey Supreme Court Upholds Enforcement of Settlement Reached in Residential Mortgage Foreclosure Program
• Assignment by Nominee Upheld as Valid by Appellate Division in Foreclosure Action
• Trial Court Dismisses Complaint Arising From Lender’s Refusal to Modify Loan

In This Issue:

• Chancery Division Denies Request for Custodial Receiver in Residential Foreclosure
• Third Circuit Finds Single Phone Call Sufficient to Trigger Claim Under Telephone Consumer Protection Act
• Mortgagee Who is Non-Signatory of a Note is not Required to Receive Notice of Intent to Foreclose

In This Issue:

• New Jersey Appellate Division Splits Deposit From Sheriff’s Sale Between Parties After Buyer Alleges Bank Failed to Disclose Prior Mortgage
• New Jersey Trial Court Finds That Borrower Did Not Execute an Enforceable Loan Modification
• New Jersey Appellate Division Finds FDCPA’s Venue Provision Irrelevant in Personal Jurisdiction Dispute

In This Issue:

• New Jersey Supreme Court Holds Notice of Rejection in Real Estate Contract Via Email and Fax is a Commonly-Used Form of Communication and Valid
• United States Supreme Court Permits Municipalities to File Suit Against Lender Under FHA

In This Issue:

• Appellate Division Rejects Standing Argument in Foreclosure Action
• Appellate Division Upholds Settlement Agreement Arising from Dishonored Check
• Appeal on Denial of Rent Receiver Deemed Moot by Foreclosure Judgment

We are delighted to announce that 13 of our lawyers have been recognized by New Jersey 2017 Super Lawyers, with three of our partners receiving special recognition.

In This Issue:

• Litigation Reform Legislation Advances in the House
• Appellate Division Finds That Witness Need Not Have Actual Personal Knowledge of Documents Presented in Mortgage Foreclosure Action
• Appellate Division Vacates Default Based on Defendants' Allegations of Violations of Consumer Fraud and Fair Foreclosure Acts
• Sherman Atlas Partner Craig L. Steinfeld to Moderate and Speak at "Hot Topics in Banking Law" Seminar

In This Issue:

• Appellate Division Affirms Denial of Contempt Motion
• Federal Court Dismisses Challenge To Foreclosure Judgment
• Appellate Division Upholds Sale Of Property By Receiver

In This Issue:

• Third Circuit Upholds Dismissal of CFA and RICO Action Against Loan Servicer
• Appellate Division Rejects Challenge to Lender’s Standing in Foreclosure Action
• District Court Affirms Ruling That Statute of Limitations in Foreclosure Action Was Not Shortened by Acceleration Notice

In This Issue:

• U.S. Supreme Court Holds Defendant Criminally Liable Under Bank Fraud Statute for Stealing Customer’s Funds
• Appellate Division Affirms Discharge of Receiver After Settlement of Foreclosure Action
• Omnibus New York Foreclosure Law Takes Effect December 20, 2016

Anthony Sylvester and Anthony Valenziano will speak at the Morris County Bar Association’s seminar “The Ethical Implications of Technology and Social Media” with New Jersey Supreme Court Justice Anne Patterson, Diana C. Manning, Esq., and Vikram Rajan on Wednesday, December 7, 2016.

In This Issue:

• Third Circuit Affirms Dismissal of Wrongful Foreclosure Complaint
• Federal Court Dismisses Amended Complaint Filed by Pro Se Plaintiffs Against Mortgage Lenders and Servicers
• Appellate Division Affirms Denial of Motion to Vacate Default in Foreclosure Action

In This Issue:

• New Jersey Appellate Division Overturns Grant of Summary Judgment in Foreclosure Action
• Federal Court Denies Motion to Dismiss Claims Based on TPP With Plaintiff
• Third Circuit Finds That Twenty-Year Statute of Limitations Applies to Foreclosure Action

In This Issue:

• Federal Court Strikes Bank’s Affirmative Defenses in Identity Theft Case
• Federal Court Denies Plaintiff’s Motion to Remand in Action Alleging Contract and Fraud Claims Against Banks
• Plaintiffs’ Amended Class Action Claims Regarding International Exchange Rates Are Dismissed With Prejudice

In This Issue:

• New York Legislature Passes Significant Changes to Foreclosure Settlement Conference Law
• U.S. Treasury Enacts New Reporting Requirements for Residential Real Estate Transactions in New York and Florida
• Federal Court Rejects Borrower’s Attempt to Undo State Court Foreclosure Judgment
• New Jersey Superior Court Denies Class Certification on TCCWNA and CFA Claims and Compels Arbitration

In This Issue:

• In Stinging Rebuke to Financial Institutions and Title Companies, NJ Supreme Court Favors Law Firm’s Effort to Collect Unpaid Legal Bills
• New Jersey Trial Court Finds Foreclosure Action Barred by Six-Year Statute of Limitations
• New Jersey District Court Denies Motion to Dismiss Complaint Against Bank Alleging Violations of RESPA and State Law Tort Claims

In This Issue:

• Appellate Division Dismissed NJLAD Class Action Complaint Against Bank
• District Court Finds Thirty-Day Reporting Requirement in Customer Account Agreement to be Reasonable
• Appellate Division Affirms Trial Court’s Order Denying Third-Party’s Motion to Intervene in Foreclosure Action

In This Issue:

• District Court Vacates Entry of Default Against Lender in Action Seeking Rescission of Note
• District Court Dismisses Pro Se Complaint Against Bank Asserting Claims Under RESPA
• New Jersey Chancery Division Finds Party Need Only Use A Reasonable Means Of Communication To Inform Parties Of Sheriff’s Sale Adjournment

In This Issue:

• District Court Dismisses All Claims Against Bank Arising Out of Dispute Over Joint Account
• District Court Declines To Dismiss Claim Under FDCPA Based On Foreclosure Proceeding
• New York Court Finds Bank Did Not Act In Bad Faith At Mandatory Residential Foreclosure Settlement Conference

In This Issue:

• Divided United States Supreme Court Affirms Eighth Circuit Decision on Definition of “Applicant” Under ECOA
• New York Supreme Court Finds Party Did Not Perfect Its Security Interest in Creditor’s Bank Account
• Bankruptcy Appellate Panel Finds Release In Forbearance Agreement Provide Bank With Complete Defense

The Super Lawyers selection process comprises hundreds of thousands of statewide or regional surveys supplemented by a comprehensive examination of each nominee’s background and experience, focusing on such criteria as verdicts and settlements, transactions, representative clients, honors and awards, educational background, and any other outstanding achievements. Only 5 percent of the total lawyers in the state are selected for inclusion in Super Lawyers.

In This Issue:

• New York Court Dismisses Claims Arising From Unauthorized Electronic Transfers
• District Court Dismisses Pro Se Complaint Based on Colorado River Abstention Doctrine
• Appellate Division Finds Mandatory Arbitration Provision in Employee Handbook Unenforceable

In This Issue:

• District Court Dismisses Borrower’s Consumer Fraud and Fair Debt Collection Practices Act Claims
• Court Finds Conclusory Allegations of Fraud Relating to Loan Modification Insufficient to Defeat Summary Judgment in Foreclosure Action
• State Securities Regulators Propose Mandatory Reporting Requirement of Elder Fraud for Financial Advisers’

In This Issue:

• Appellate Division Upholds Dismissal of Claim of Unauthorized Transactions Based on Deposit Agreement
• Appellate Division Dismisses Consumer Fraud Claim in Contested Foreclosure Action
• District Court Declines to Hear Foreclosure Dispute

In This Issue:

• District Court Dismisses Action For Conversion And Quiet Title Brought In Response To Lender’s Notice Of Intent To Foreclose
• New Jersey Appellate Division Denies Homeowners’ Application To Set Aside Foreclosure Sale Based On Defective Service

In This Issue:

• District Court Finds Foreclosing Bank And Its Attorneys Are Not “Debt Collectors” Under FDCPA
• New Jersey Appellate Division Affirms Denial Of Motion To Vacate Final Judgment Of Foreclosure And Stay Of Sheriff’s Sale
• Appellate Division Finds Bank May Foreclose Even If Allonge To Note Is Not Affixed

In This Issue:

• District Court Denies Debt Collector’s Motion To Dismiss Fair Debt Collection Practices Act Class Action
• New Jersey Appellate Division Holds That Valid Lien Exists On Property Despite Forgeries On Mortgage Documents
• Reminder To Financial Institutions Of Guidelines For Garnishment Of Accounts Receiving Federal Benefit Payments

In This Issue:

• Anthony Sylvester Again Named Banking and Finance Litigation “Lawyer Of The Year”
• New Jersey Appellate Division Holds That Pennsylvania Bank Did Not Violate New Jersey Banking Act When Closing Loan Transaction In New Jersey
• New York Comptroller Reports That Number Of Foreclosure Cases Remains High
• New Jersey Federal Court Dismisses Complaint Seeking To Block Foreclosure Action

In This Issue:

• Sherman Atlas Featured In Article In NJBiz Magainze
• New Jersey State Court Holds That Bank Is Not Required To Report Suspected Elder Abuse
• District Court Dismisses Wrongful Foreclosure Action As Premature And Confirms That Mortgagor May Not Challenge Assignment Of Mortgage
• Appellate Division Finds That Inordinate Delay In Arranging Sheriff’s Sale Could Subject Foreclosing Bank To Liability For Unpaid Condominium Fees

In This Issue:

• United States Supreme Court Upholds Validity of Undersecured Second Mortgages in Chapter 7 Bankruptcy Filings
• Change in New Jersey Uniform Commercial Code Financing Statement Requirements
• Appellate Division Affirms That Implied Covenant Of Good Faith And Fair Dealing Cannot Alter Terms Of Commercial Loan Agreement

In This Issue:

• Mortgagors Cannot Collaterally Challenge Validity Of An Assignment Of Mortgage Outside Of Foreclosure Proceeding
• New Jersey Appellate Division Finds Foreclosing Bank Not Liable In Premises Liability Action For Personal Injury
• Plaxico Burress Indicted Under Recently Amended Bad Check Criminal Statute For Failed Electronic Funds Transfer

In This Issue:

• Payees On Check May Not Assert Presentment Warranties Against Depository Bank That Negotiates Check With Forged Endorsement
• Lending Industry Prepares As Biggest Regulatory Change To Home Mortgage Disclosures In Twenty Years Set To Go Into Effect
• Appellate Division Vacates Foreclosure Judgment Due To Bank’s Failure To Comply With Fair Foreclosure Act

In This Issue:

• District Court Upholds Enforceability of Limited Recourse Guaranty
• Court Dismisses Attempt By Mortgagor To Attack Assignment Of Mortgage Based On Allegations of “Robo-Signing”
• District Court Dismisses Claims Alleging Violation of Fair Credit Reporting Act

In This Issue:

• Banks Not Precluded From Asserting Individual Arbitration Clauses Against Unnamed Class Members
• Trial Period Plan Agreement Pursuant to Home Affordable Mortgage Program Is Not Binding Contract To Modify Loan
• District Court Finds That Bank Has Duty To Prospective Buyers To Prevent Injury In Foreclosed Home

In This Issue:

• Borrower Can Maintain Breach Of Contract Claim Against Mortgage Servicer Based on Alleged Oral Representations Made During Loan Workout Negotiations
• United States Supreme Court Holds Right of Rescission Under TILA Properly Exercised by Written Notice to Lender
• New Jersey Supreme Court Prohibits Trial Court From Having Ex Parte Post-Trial Conversations With Jury

In This Issue:

• Foreclosure Debtors Lack Standing To Challenge Violation of Pooling and Servicing Agreements
• New Jersey Appellate Division Dismisses Consumer Fraud Act Claim As Outside the Scope of the Consumer Fraud Act Statute

In This Issue:

• New Jersey Will Introduce An Expanded Complex Business Litigation Program Statewide Beginning January 1, 2015
• New Jersey District Court Abstains From Hearing Foreclosure Dispute Under Colorado River Abstention Doctrine

In This Issue:

• New Jersey Supreme Court Bars Non-Customer From Bringing Negligence Claim Against Bank
• Arbitration Provisions In Consumer Contracts Must Contain Clear And Unambiguous Language That Consumer Is Waiving Right To Seek Relief In Court
• New Law Affects A Bank’s Obligations in New Jersey To Maintain Vacant Properties In Residential Foreclosures

In This Issue:

• Bank and Customer May Agree to Shorten UCC Section 4-406(4) One-Year Statutory Period By Agreement
• Condemning Authority Has No Duty to Negotiate With Mortgage Holders