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Banking Alert November 201911/2019
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
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Banking Alert October 201910/2019
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
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Banking Alert September 201909/2019
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
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Banking Alert August 201908/2019
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
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Banking Alert July 201907/2019
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
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Banking Alert June 201906/2019
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
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Banking Alert May 201905/2019
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
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Tax and Trust & Estates Update May 201905/2019
In This Issue:
- The Perils of "Transfer on Death" (TOD) and "Payable on Death" (POD) Accounts
- Information That Can Help Your Family at the End of Your Life
- Sherman Wells Welcomes New Associate to the Tax and Trusts & Estates Group
- New Jersey Trustee Uniform Trust Code Disclosure Requirements – A Reminder
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Banking Alert April 201904/2019
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
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Banking Alert March 201903/2019
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
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2019 Estate Planning Essentials Guide - NJ Edition02/2019
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. -
Banking Alert February 201902/2019
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
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Banking Alert January 201901/2019
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
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Banking Alert December 201812/2018
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
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Tax and Trusts & Estates Update December 201812/2018
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
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Banking Alert November 201811/2018
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
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Banking Alert October 201810/2018
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
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Banking Alert September 201809/2018
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
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Tax and Trusts & Estates Update September 201809/2018
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 Wells Proudly Announces Three New Members of the Tax and Trusts & Estates Group
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Banking Alert August 201808/2018
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
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Banking Alert July 201807/2018
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
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Banking Alert June 201806/2018
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
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Banking Alert May 201805/2018
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
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Banking Alert April 201804/2018
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
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Banking Alert March 201803/2018
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
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Banking Alert February 201802/2018
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
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Banking Alert January 201801/2018
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
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Tax and Trusts & Estates Update January 201801/2018
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 Wells Announces New York Office Move
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Tax and Trusts & Estates Update December 201712/2017
In This Issue:
- The Tax Cuts and Jobs Act – How It May Affect You
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Banking Alert December 201712/2017
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
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Banking Alert November 201711/2017
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
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Tax and Trusts & Estates Update November 201711/2017
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”?
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Banking Alert October 201710/2017
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
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Banking Alert September 201709/2017
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
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Banking Alert July 201707/2017
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
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Banking Alert June 201706/2017
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
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Tax and Trusts & Estates Update June 201706/2017
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 Wells Proudly Announces Two New Members of the Tax and Trusts & Estates Group
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Banking Alert May 201705/2017
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
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Banking Alert April 201704/2017
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
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Banking Alert March 201703/2017
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
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Banking Alert February 201702/2017
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
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Banking Alert January 201701/2017
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
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Tax and Trusts & Estates Update January 201701/2017
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
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Tax and Trusts & Estates Update December 201612/2016
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
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Banking Alert December 201612/2016
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
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Banking Alert November 201611/2016
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
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Banking Alert October 201610/2016
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
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Tax and Trusts & Estates Update October 201610/2016
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
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Banking Alert September 201609/2016
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
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Banking Alert August 201608/2016
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
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