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  • Banking Alert July 2019
    07/22/2019

    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
    06/28/2019

    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
    05/24/2019

    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

  • Tax and Trust & Estates Update May 2019
    05/23/2019

    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

  • Banking Alert April 2019
    04/30/2019

    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
    03/31/2019

    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

  • 2019 Estate Planning Essentials Guide - NJ Edition
    02/28/2019

    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 2019
    02/28/2019

    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
    01/31/2019

    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
    12/31/2018

    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

  • Tax and Trusts & Estates Update December 2018
    12/31/2018

    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

  • Banking Alert November 2018
    11/30/2018

    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
    10/31/2018

    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
    09/30/2018

    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

  • Tax and Trusts & Estates Update September 2018
    09/30/2018

    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

  • Banking Alert August 2018
    08/31/2018

    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
    07/31/2018

    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
    06/30/2018

    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
    05/31/2018

    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
    04/30/2018

    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
    03/31/2018

    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
    02/28/2018

    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
    01/31/2018

    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

  • Tax and Trusts & Estates Update January 2018
    01/31/2018

    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

  • Tax and Trusts & Estates Update December 2017
    12/31/2017

    In This Issue:

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

  • Banking Alert December 2017
    12/31/2017

    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
    11/30/2017

    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

  • Tax and Trusts & Estates Update November 2017
    11/30/2017

    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”?

  • Banking Alert October 2017
    10/31/2017

    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
    09/30/2017

    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
    07/31/2017

    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
    06/30/2017

    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

  • Tax and Trusts & Estates Update June 2017
    06/30/2017

    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

  • Banking Alert May 2017
    05/31/2017

    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
    04/30/2017

    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

  • Banking Alert March 2017
    03/31/2017

    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
    02/28/2017

    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
    01/31/2017

    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

  • Tax and Trusts & Estates Update January 2017
    01/31/2017

    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

  • Tax and Trusts & Estates Update December 2016
    12/31/2016

    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

  • Banking Alert December 2016
    12/31/2016

    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
    11/30/2016

    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
    10/31/2016

    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

  • Tax and Trusts & Estates Update October 2016
    10/31/2016

    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

  • Banking Alert September 2016
    09/30/2016

    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
    08/31/2016

    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
    07/31/2016

    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
    06/30/2016

    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
    05/31/2016

    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

  • Tax and Trusts & Estates Update May 2016
    05/31/2016

    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 Wells Named One of the Best Places to Work in New Jersey
    • Sherman Wells Welcomes Beth Corroon

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