Practice Areas

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

2023 Year in Review:

• Commercial Mortgage Loans
• C&I Lending
• Participations and Syndications

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 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 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

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

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

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

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

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