News & Publications

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

A broad overview of wills, trusts, estate and gift taxes, and important planning techniques and documents.

If you have questions, please contact any of the attorneys in our Tax and Trusts & Estates Practice Group. Nothing in this booklet should be relied upon as legal advice in any particular matter.

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• New Jersey Appellate Division Reinstates Borrower's Counterclaims Based on Withdrawn Modification Agreement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:

• Charitable Giving in 2018 under the Tax Cuts and Jobs Act of 2017
• If You Want to Make Gifts to Charities or Others in 2018, Be Sure Those Gifts are "Completed" this Year for Tax Purposes
• 2019 Inflation Adjustments for Tax Items
• The New Qualified Business Income Deduction – Still Lots of Uncertainty
• Breaking New Jersey News – New Jersey Offers Tax Amnesty until January 15, 2019
• More Tax Accounting Options for Small Businesses in 2018
• Another Reminder About IRS Revised Partnership Audit Procedures
• A Note about the Registration of New Jersey Private Foundations

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:

• Trustees Beware: Trust-Owned Life Insurance Needs a Regular Review to Avoid Trustee Liability
• Tax Alert: No Estate Tax in New Jersey Doesn't Mean No Estate Administration
• Sherman Atlas Proudly Announces Three New Members of the Tax and Trusts & Estates Group

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:

• Estate Planning Cautions and Opportunities in the Aftermath of the Tax Cuts and Jobs Act of 2017
• Existing Testamentary Plans of Individuals Residing in New Jersey
• Existing Testamentary Plans of Individuals Residing in New York
• Formula Bequests for Generation-Skipping and Charitable Gifts
• Planning Opportunities
• 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:

• The Tax Cuts and Jobs Act – How It May Affect You

In This Issue:

• 2018 Inflation Adjustments for Tax Items
• Proposed U.S. Tax Legislation – Stay Tuned
• The Nonprofit Forum Does Your Charitable Donor-Advised Fund Name Successor “Recommenders”?

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