Sherman Wells Sylvester & Stamelman LLP | Caitlin Shadek | News & Publications
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Professionals
Caitlin  T. Shadek

PRACTICES

Litigation
Banking and Financial Services
Broker-Dealer Litigation and Arbitration
Art, Media and Entertainment Law

EDUCATION

  • Seton Hall University School of Law, J.D., magna cum laude (2008)
    • Member, Order of the Coif
    • Member, Seton Hall Law Review
    • Authored, “A First Amendment Breach: The National Security Agency’s Electronic Surveillance Program” 38 Seton Hall L. Rev. 1197 (2008)
    • Recipient, Chicago Title Award for Highest Average in Property
  • Colgate University, B.A., cum laude (2005)

ADMISSIONS

  • New Jersey
  • New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
Caitlin T. Shadek
Counsel
CONTACT INFORMATION
Tel: (973) 302-9672
Fax: (973) 302-9502
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  • Banking Alert June 2020
    06/2020

    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

  • Firm has major win in New Jersey Supreme Court
    06/2020

    Anthony J. Sylvester and Caitlin T. Shadek secure a win in the New Jersey Supreme Court for firm client TD Bank, and pave the road for limiting future claims against banks. The New Jersey Supreme Court, in a unanimous decision, reinstated the trial court’s decision dismissing claims against TD Bank, and reversed the Appellate Division’s decision permitting the plaintiffs to amend their complaint to add a claim under New Jersey’s Uniform Fiduciaries Law (”UFL”).

  • Banking Alert May 2020
    05/2020

    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

  • Banking Alert April 2020
    04/2020

    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

  • Banking Alert March 2020
    3/2020

    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

  • Banking Alert February 2020
    02/2020

    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”

  • Banking Alert January 2020
    01/2020

    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

  • Banking Alert December 2019
    12/2019

    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

  • Banking Alert November 2019
    11/2019

    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

  • Banking Alert October 2019
    10/2019

    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

  • Banking Alert September 2019
    09/2019

    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

  • Banking Alert August 2019
    08/2019

    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

  • Banking Alert July 2019
    07/2019

    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

  • Banking Alert June 2019
    06/2019

    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

  • Banking Alert May 2019
    05/2019

    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

  • Banking Alert April 2019
    04/2019

    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

  • Banking Alert March 2019
    03/2019

    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

  • Banking Alert February 2019
    02/2019

    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

  • Banking Alert January 2019
    01/2019

    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

  • Banking Alert December 2018
    12/2018

    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

  • Banking Alert November 2018
    11/2018

    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

  • Banking Alert October 2018
    10/2018

    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

  • Banking Alert September 2018
    09/2018

    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

  • Banking Alert August 2018
    08/2018

    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

  • Banking Alert July 2018
    07/2018

    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

  • Banking Alert June 2018
    06/2018

    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

  • Banking Alert May 2018
    05/2018

    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

  • Banking Alert April 2018
    04/2018

    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

  • Banking Alert March 2018
    03/2018

    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

  • Banking Alert February 2018
    02/2018

    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

  • Banking Alert January 2018
    01/2018

    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 Wells Announces New York Office Move

  • Banking Alert December 2017
    12/2017

    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

  • Banking Alert November 2017
    11/2017

    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

  • Banking Alert October 2017
    10/2017

    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

  • Banking Alert September 2017
    09/2017

    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

  • Banking Alert July 2017
    07/2017

    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

  • Banking Alert June 2017
    06/2017

    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

  • Banking Alert May 2017
    05/2017

    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

  • Banking Alert April 2017
    04/2017

    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

  • New Jersey 2017 Super Lawyers Recognize 13 Sherman Wells Attorneys
    04/2017

    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.

  • Banking Alert March 2017
    03/2017

    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 Wells Partner Craig L. Steinfeld to Moderate and Speak at "Hot Topics in Banking Law" Seminar

  • Banking Alert February 2017
    02/2017

    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

  • Banking Alert January 2017
    01/2017

    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

  • Banking Alert December 2016
    12/2016

    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

  • Banking Alert November 2016
    11/2016

    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

  • Banking Alert October 2016
    10/2016

    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

  • Banking Alert September 2016
    09/2016

    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

  • Banking Alert August 2016
    08/2016

    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

  • Banking Alert July 2016
    07/2016

    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

  • Banking Alert June 2016
    06/2016

    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

  • Banking Alert May 2016
    05/2016

    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

  • Banking Alert April 2016
    04/2016

    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

  • Banking Alert March 2016
    03/2016

    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

  • Banking Alert February 2016
    02/2016

    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

  • Banking Alert January 2016
    01/2016

    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’

  • Banking Alert December 2015
    12/2015

    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

  • Banking Alert November 2015
    11/2015

    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

  • Banking Alert October 2015
    10/2015

    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

  • Banking Alert September 2015
    09/2015

    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

  • Banking Alert August 2015
    08/2015

    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

  • Banking Alert July 2015
    07/2015

    In This Issue:

    • Sherman Wells 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

  • Banking Alert June 2015
    06/2015

    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

  • Banking Alert May 2015
    05/2015

    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

  • Banking Alert April 2015
    04/2015

    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

  • Banking Alert March 2015
    03/2015

    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

  • Banking Alert February 2015
    02/2015

    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

  • Banking Alert January 2015
    01/2015

    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

  • Banking Alert December 2014
    12/2014

    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

  • Banking Alert November 2014
    11/2014

    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

  • Banking Alert October 2014
    10/2014

    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

  • Banking Alert September 2014
    09/2014

    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