News & Publications

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:

• January 1, 2018, Proposed Effective Date for Implementation of New Partnership Audit Rules Is Fast Approaching
• Generation-Skipping Tax Basics You Should Know
• The Nonprofit Forum - CAUTION: The Dangers of Non-Board Members on Board Committees
• Sherman Atlas Proudly Announces Two New Members of the Tax and Trusts & Estates Group

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:

• 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:

• Gift Tax Reporting Reminder for Gifts Made in 2016
• Estates of New Jersey Residents Who Do Not Survive Until 2018 Could Confront Costly and Unnecessary New Jersey Estate Taxes
• …And New York Residents Should Similarly Review their Estate Planning Documents Given the Moving Target of the “Cliff” Past Which New York Estate Tax Will Apply
• The Nonprofit Forum - Warning: Even Donations to Your Private Foundation Need a Written Acknowledgment

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:

• The Election and Your Tax Planning – Stay Tuned
• If You Want To Make Gifts to Charities or Others in 2016, Be Sure Those Gifts Are “Completed” This Year For Tax Purposes
• 2017 Inflation Adjustments for Tax Items
• The Nonprofit Forum

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:

• New Jersey Repeals Its Estate Tax; Inheritance Tax Remains (for now)
• Status of Valuation Discounts on Transfers of Interests in Family-Controlled Entities Uncertain
• New York Adopts Legislation Providing Fiduciaries with Greater Clarity Regarding Access to Digital Assets
• New Jersey Uniform Trust Code Reminder

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:

• No More Secret Trusts? New Jersey’s Uniform Trust Code Mandates Disclosure to Beneficiaries…With Exceptions
• The Nonprofit Forum - A Simple Compliance Checklist
• Sherman Atlas Named One of the Best Places to Work in New Jersey
• Sherman Atlas Welcomes Beth Corroon

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:

• Disclaimers of Reliance in Acquisition Agreements
• Demands for Books and Records

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 Wave of Class Actions Target Businesses Dealing with Consumers