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Anthony J. Sylvester
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News & Publications
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Banking Alert June 202406/24
In this issue:
- New York First Department Reverses Order Denying Lender’s Motion for Summary Judgment in Action Against Borrowers
- New York Second Department Refuses to Enforce Arbitration Provision Contained in Deposit Account Agreement Amendment
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Banking Alert May 202405/24
In this issue:
- First Department Affirms Order Granting Summary Judgment in Foreclosure Action
- First Department Enforces Arbitration Provision Against Lender in Foreclosure Action
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Banking Alert April 202404/24
In this issue:
- Federal Trade Commission Adopts Final Rule That Would Prohibit Most Noncompete Agreements
- New Jersey Appellate Division Finds Bank’s Breach of Contract Claim Pursuant to HELOC Agreement Was Timely Filed
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Banking Alert March 202403/24
In this issue:
- New Jersey Appellate Division Affirms Dismissal of CFA Claim Against Mortgage Loan Servicer
- New Jersey Appellate Division Affirms Dismissal of Claim Based on Dishonored Check and Award of Sanctions for Frivolous Litigation
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Banking Alert February 202402/24
In this issue:
- New York Appellate Division Refuses to Toll Accrual of Interest in Foreclosure Action Due to Delays
- New York Appellate Division Finds That Foreclosure Action is Time-Barred After Voluntary Discontinuance of First Action
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Banking Alert January 202401/24
In this issue:
- New York Appellate Division Refuses to Vacate Judgment of Foreclosure and Sale
- New Jersey Appellate Division Finds Duplicate Copies of Checks Sufficient to Establish Defense to Dishonored Check Claim
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Tax and Trust & Estates Newsletter December 202312/23
In this issue:
- The New Corporate Transparency Act
- 2024 Inflation Adjustments for Tax Items
- New Attorneys at Sherman Atlas in our Tax and Trusts & Estates Group
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Banking Alert December 202312/23
In this issue:
- New Jersey Appellate Division Refuses to Vacate Sheriff’s Sale on Motion Unsupported by Client Certification
- New Jersey Appellate Division Finds That Joint Account Held by Husband and Wife is Subject to Levy
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Banking Alert November 202311/30/2023
In this issue:
- New Jersey Appellate Division Reaffirms That Offer of Judgment Rule Does Not Apply To Involuntary Dismissal
- New Jersey Appellate Division Affirms Dismissal of Claim Based on Dishonored Check
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Banking Alert October 202310/25/2023
In this issue:
- New York Appellate Division Finds Insufficient Proof of Mailing Precludes Entry of Summary Judgment in Favor of Lender in Foreclosure Action
- New Jersey Appellate Division Enforces Arbitration Provision Against Consumer
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Banking Alert August 202308/23
In this issue:
- New Jersey Appellate Division Affirms Dismissal of Action Against Financial Institution Based on Ineffective Power of Attorney
- New Jersey Appellate Division Refuses to Vacate Foreclosure Sale Based on Allegedly Defective Notice of Sale
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Banking Alert July 202307/23
In this issue:
- New Jersey Appellate Division Enforces Online Arbitration Agreement
- New Jersey Appellate Division Upholds Final Judgment of Foreclosure Against Borrower’s Challenge to Standing
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Banking Alert June 202306/23
In this issue:
- New York Appellate Division, Second Department, Refuses to Set Aside Foreclosure Sale
- New Jersey Appellate Division Holds That Lender Entitled to Interest Under Guaranty Mortgage
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Banking Alert May 202305/23
In this issue:
- Using Cost-Shifting in Responding to Overbroad and Burdensome Subpoenas
- New Jersey Appellate Division Strikes Down “Unconscionable” Arbitration Provision
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Banking Alert April 202304/23
In this issue:
- New Jersey Appellate Division Denies Appeal Seeking to Contest Foreclosure Action as Moot
- New Jersey Trial Court Rejects Borrower’s Unclean Hands Defense to Foreclosure Action
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Banking Alert March 202303/23
In this issue:
- New Jersey Appellate Division Reverses Trial Court and Dismisses Foreclosure Action With Prejudice as Untimely
- New Jersey Appellate Division Reverses Trial Court’s Denial of Motion to Vacate Final Judgment of Foreclosure
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Banking Alert February 202302/23
In this issue:
- New Jersey Appellate Division Finds Parties Required to Arbitrate Despite Lack of Explicit Waiver
- New Jersey Appellate Division Affirms Trial Court’s Order Vacating Final Judgment of Foreclosure
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Banking Alert January 202301/23
In this issue:
- Appellate Division Refuses to Bar Claims on Letter of Credit Under Entire Controversy Doctrine
- Appellate Division Affirms Final Judgment of Foreclosure and Dismissal of CFA Counterclaim
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Banking Alert December 202212/22
In this issue:
- Appellate Division Refuses to Bar Claims on Letter of Credit Under Entire Controversy Doctrine
- Appellate Division Affirms Final Judgment of Foreclosure and Dismissal of CFA Counterclaim
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Banking Alert November 202211/22
In this issue:
- Federal Court Dismisses Breach of Contract Claim Against Credit Union
- Federal Court Dismisses Complaint Against Bank Relating to Embezzlement by Customer’s Employee
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Banking Alert September 202209/22
In this issue:
- Debtor in Default May Assert Breach of Contract Claim Against Loan Servicer for Failure to Honor Loan Modification Agreement
- New York Federal Court Dismisses Complaint Against Bank That Processed Wire Transfers
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Banking Alert August 20228/22
In this issue:
- Third Circuit Applies “Reasonable Reader” Standard in Dismissing Fair Credit Reporting Act Claims
- New Jersey Federal Court Grants Application for Turnover Order of Funds From Joint Account
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Banking Alert July 20227/22
In this issue:
- New Jersey Appellate Division Reinstates Borrowers’ Claim to a Fair Market Value Credit
- New Jersey Appellate Division Rules That Debtor’s Chapter Seven Bankruptcy Discharge Does Not Prevent Creditor From Seeking to Foreclose on Real Property
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Banking Alert June 20226/22
In this issue:
- New Jersey Appellate Division Upholds Terms of Settlement Agreement in Foreclosure Action
- New Jersey Federal Court Dismisses Discrimination Claim Against Bank Based on Closure of Plaintiff’s Checking Account
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Banking Alert May 20225/22
In this issue:
- New Jersey Supreme Court Approves Increases to Jurisdiction Limits for Special Civil and Small Claims Matters
- New York Supreme Court Denies Motion Requesting Stay of UCC Foreclosure Sale
- New Jersey Appellate Division Reverses Dismissal of Claims Against Guarantor
- New Jersey Supreme Court Approves Increases to Jurisdiction Limits for Special Civil and Small Claims Matters
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Banking Alert April 20224/22
In this issue:
- New Jersey Appellate Division Affirms Trial Court Order Denying Appellant’s Motion to Set Aside Sheriff’s Sale
- New Jersey Appellate Division Reinstates Final Judgment of Foreclosure Despite Defendant’s Claim It Was Not Served With Foreclosure Complaint
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Banking Alert March 20223/22
In this issue:
- New Jersey Appellate Division Overturns Final Judgment of Foreclosure Because of Question Over Possession of Note and Mortgage
- New Jersey Appellate Division Affirms Final Judgment of Foreclosure After Debtor Fails to Substantiate Objections to Proof of Amount Due
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Banking Alert February 20222/22
In This Issue:
- New Jersey Appellate Division Rejects Borrower’s Challenge to Foreclosure on Basis of Purported TILA Violation
- Owner of A Certificate of Deposit Seeking Payment Three Years After Maturity Must Rebut Presumption of Abandonment Under New Jersey Uniform Unclaimed Property Act
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Banking Alert January 20221/22
In This Issue:
- Governor Murphy Signs Law Requiring Notification to Municipalities of Foreclosures on Commercial Properties
- New Jersey Appellate Division Affirms Commercial Foreclosures That Were Based on Cross-Default Provision in Loan Agreements
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Banking Alert December 202112/2021
In This Issue:
- New York Foreclosure Moratorium Set to Expire on January 15, 2022
- New Jersey Appellate Division Affirms Final Judgment in Residential Foreclosure Action
- Discharge of Mortgage Foreclosure Action Did Not Have Preclusive Effect on Related Claims in Law Division Action
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Banking Alert November 202111/2021
In This Issue:
- New Jersey to Resume Evictions for Residential Foreclosures
- Federal Trade Commission Issues Updates to Standards for Safeguarding Customer Information
- Credit Report’s Description of Accounts as “Written Off” Did Not Violate Fair Credit Reporting Act
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Banking Alert October 202110/2021
In This Issue:
- Kings County Supreme Court Cancels “Hardship” Conferences in Foreclosure Actions After Legal Challenge
- Plaintiffs’ Claims Against Bank Based on Fraudulent Transfer From Their Account are Dismissed for Failure to Follow Procedural Requirements
- New Jersey Appellate Division Reverses Grant of Summary Judgment to Lender on Guaranties
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Banking Alert September 20219/2021
In This Issue:
- New York Extends Foreclosure Moratorium and Alters Hardship Declaration Process
- Third Circuit Determines That Court-Appointed Receivers Are Entitled to Quasi-Judicial Immunity
- United States District Court Denies Cross-Motions for Summary Judgment on UCC Conversion Claim
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Banking Alert June 202006/2020
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
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Firm has major win in New Jersey Supreme Court06/2020
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”).
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Banking Alert May 202005/2020
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
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Banking Alert April 202004/2020
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
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Banking Alert March 20203/2020
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
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Banking Alert February 202002/2020
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”
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Banking Alert January 202001/2020
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
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Partner Anthony J. Sylvester, who serves as a Trustee to the Gia Maione Prima Foundation announces that the Foundation will support a cultural exchange program, “Getting Funky In Havana”01/2020
Gia Maione Prima Foundation partnered with New York City based Horns to Havana to support a five-day cultural exchange program, “Getting Funky in Havana.” The trip featured a concert series of leading New Orleans bands who joined forces with Cuba’s top musical talent. The initiative created immersive cultural experiences with Cuban artists, musicians and other creatives. The project program included a visit to Amadeo Roldan Music Conservatory to donate instruments to Cuban students and community projects. The cultural exchange program is heavily focused on supporting the Cuban people as well as the young New Orleans musicians from the Trombone Shorty Foundation.
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Banking Alert December 201912/2019
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
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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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Anthony Sylvester, Partner and Trustee of the Gia Maione Prima Foundation announced the sponsorship of the Summer Jazz Concert series at the College of Saint Elizabeth located in Morristown, NJ.06/2019
The concert series will be held on Wednesdays during the month of July 2019 and will include performances by Louis Prima, Jr. and the Witnesses, Nicki Parrott Trio with Rossano Sportiello and Harry Allen, Danny Bacher and His All-Stars and The Bishop and His Abbotts featuring Rio Clemente, Flip Peters, Gene Perla and Bill Goodwin.
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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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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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Sherman Atlas congratulates seventeen firm attorneys that have been selected among the 2019 NJ Super Lawyers and the 2019 Rising Stars List03/2019
We are delighted to add that Partner, Sandra Brown Sherman was included on the Top 50 Women Lawyers in the State list.
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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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Partner Anthony Sylvester recently was a guest Instructor at Monmouth University11/2018
The program was entitled "Arts, Management and Concert Promotion" and Mr. Sylvester addressed music business students about the strategies and ethics of negotiation.
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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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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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Partner Anthony J. Sylvester, who serves as a Trustee to the Gia Maione Prima Foundation announces multi-year partnership08/2018
The partnership will be between GMPF and Ocean County College Foundation (OCC Foundation), Ocean County College (OCC) and Ocean County Vocational Technical School Performing Arts Academy (OCVTS). The partnership will benefit the expansion of the Jay and Linda Grunin Center for the Arts and establish an endowment to support programming and celebrate the works of Louis Prima and Gia Maione Prima. In recognition of the partnership, OCC Foundation, OCVTS and OCC announced that the new theater will be named the Gia Maione Prima Foundation Studio Theatre.
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Partner Anthony J. Sylvester who serves as a Trustee to the Gia Maione Prima Foundation announces that the Foundation will sponsor the 8th Annual Morristown Jazz & Blues Festival08/2018
This year's festival will be located on the Green located in the center of Morristown, New Jersey and is scheduled for August 18, 2018 and will include performances by Rhythm in Blue, Bria Skonberg, LaBamba & The Hubcaps, Bernard Allison Group and Davy Knowles.
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Anthony J. Sylvester, Partner and Trustee to the Gia Maione Prima Foundation announces this year's commitment to the Louis Prima and Gia Maione Prima Jazz Scholars Fund07/2018
The scholarship is part of Jazz House Kids Music and Education Fund which provides vital resources to support in-school music education programs in underserved communities across New Jersey and the needs of students attending the Jazz House Summer Workshop.
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Anthony J. Sylvester, Partner and Trustee to the Gia Maione Prima Foundation is proud to announce the sponsorship between GMPF and Asbury Park Music Foundation Youth Music Program07/2018
The program "Music Mondays" offers free concerts throughout the summer. The series is part of Asbury Park Music Foundation's goal to unite the community, support local musicians and inspire under-served youth with music education.
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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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Partner Anthony Sylvester interviewed on behalf of Gia Maione Prima Foundation by Complex in recent article entitled "How Did a Dead Artist End Up on ‘Kids See Ghosts'?"06/2018
Mr. Sylvester discusses Louis Prima being featured as an artist and composer on the new Kanye West and Kid Cudi album Kids See Ghosts with a song that was released over 80 years ago.
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Sherman Atlas congratulates fourteen firm attorneys that have been selected among the 2018 NJ Super Lawyers and the 2018 Rising Stars List05/2018
Sherman Atlas congratulates eight firm attorneys that have been selected among the 2018 NJ Super Lawyers and six firm attorneys that have been selected among the 2018 Rising Stars.
We are delighted to add that two firm Partners have been noted for receiving special recognition, Partners, Andrew Stamelman & Sandra Brown Sherman have been included on this year's New Jersey Super Lawyers Top 100 Lawyers list and Partner, Sandra Brown Sherman was included on the Top 50 Women Lawyers in the State list. -
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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Partner Anthony Sylvester announces winner of the 2013 ASCAP Foundation Louis Prima Award to be on the Late Show with Stephen Colbert03/2018
Anthony J. Sylvester, Partner and Trustee to the Gia Maione Prima Foundation is proud to announce that Jeffery Miller, winner of the 2013 ASCAP Foundation Louis Prima Award performed with Jon Batise and Stay Human on the Late Show with Stephen Colbert on March 28, 2018.
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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 Atlas Announces New York Office Move
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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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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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Anthony Sylvester, Partner and Trustee to the Gia Maione Prima Foundation announces the opening and dedication of the “Louis Prima Room” on Friday, October 27 at Tulane University10/2017
The newly-opened “Louis Prima Room” located in Joseph Merrick Jones Hall will permanently house archives that include film, tapes, photodiscs, sheet music, photographs and more. The collection was donated by the Gia Maione Prima Foundation and will be used for academic research.
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Anthony J. Sylvester, Partner and Trustee to the GMPF attended the 35th Anniversary of Hot House Jazz Award Ceremony10/2017
On October 9, 2017, Anthony J. Sylvester, Partner and Trustee to the Gia Maione Prima Foundation attended the 35th Anniversary of Hot House Jazz Award Ceremony held at the Metropolitan Room in New York City. Click to view the photo of Anthony Sylvester and American Jazz Musician Howard Johnson.
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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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We are pleased to announce that seven of our attorneys have been selected by their peers for inclusion in The Best Lawyers in America© 201808/2017
Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."
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Sherman Atlas and Anthony J. Sylvester, Partner and Trustee of Gia Maione Prima Foundation are proud sponsors of the Morristown Jazz & Blues Festival08/2017
This is one of the summer’s most popular free music festivals where music fans of all ages enjoy great performances. The festival will be held in the center of the historic town on the Green on Saturday, August 19th.
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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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Partner Anthony Sylvester along with co-counsel filed a wrongful death and negligence lawsuit against New Jersey Transit06/2017
Partner Anthony Sylvester along with co-counsel, Kline & Specter, P.C. and Saltz, Mongeluzzi, Barrett & Bendesky, P.C., filed a wrongful death and negligence lawsuit against New Jersey Transit in Hudson County Superior Court on behalf of Adrianus Rudolfus Henricus Maria de Kroon, the husband of the late Fabiola Bittar de Kroon. Ms. de Kroon was killed in the New Jersey Transit train derailment at the Hoboken Terminal on September 29, 2016.
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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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New Jersey 2017 Super Lawyers Recognize 13 Sherman Atlas Attorneys04/2017
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.
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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 Atlas 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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Anthony J. Sylvester, Partner and Trustee of Gia Maione Prima Foundation entered into a sponsorship agreement with NJPAC to support an outdoor summer concert series, Sounds of the City02/2017
The concert series which brings the very best local, national and international performing artists kicks off on Thursday evenings beginning July 6th through August 31, 2017.
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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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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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Partner Anthony Sylvester along with co-counsel filed a Notice of Intent to sue New Jersey Transit12/2016
Partner Anthony Sylvester along with co-counsel, Kline & Specter, P.C. and Saltz, Mongeluzzi, Barrett & Bendesky, P.C., filed a Notice of Intent to sue New Jersey Transit on behalf of the late Fabiola Bittar de Kroon and her family. Ms. de Kroon was killed in the New Jersey Transit train derailment at the Hoboken Terminal on September 29th.
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Anthony J. Sylvester, partner and Trustee to the Gia Maione Prima Foundation awarded the 2016 ASCAP Foundation Louis Prima Award to Brian Richburg, Jr.12/2016
On December 14, Anthony J. Sylvester, partner and Trustee to the Gia Maione Prima Foundation awarded the 2016 ASCAP Foundation Louis Prima Award to Brian Richburg, Jr. at the Jazz at Lincoln Center, New York.
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Anthony J. Sylvester, Partner and Trustee of Gia Maione Prima Foundation to sponsor the 2016 Tunes for Toys Concert on December 1812/2016
Trombone Shorty to perform and price of admission is a new toy which will be donated to children of New Orleans.
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Anthony J. Sylvester, partner and Trustee of the Gia Maione Prima Foundation entered into a partnership agreement with the GRAMMY Foundation12/2016
On December 7, 2016 - Anthony J. Sylvester, partner and Trustee of the Gia Maione Prima Foundation entered into a partnership agreement with the GRAMMY Foundation to support the February 2017 GRAMMY Camp – Jazz Session. The choir and combo will perform on Entertainment Tonight, record an album at Capitol Studios in Hollywood and attend the GRAMMY Awards.
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Anthony Sylvester and Anthony Valenziano to speak at the Morris County Bar Association’s seminar on Wednesday, December 7, 201612/2016
Anthony Sylvester and Anthony Valenziano will speak at the Morris County Bar Association’s seminar “The Ethical Implications of Technology and Social Media” with New Jersey Supreme Court Justice Anne Patterson, Diana C. Manning, Esq., and Vikram Rajan on Wednesday, December 7, 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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Anthony J. Sylvester, partner and Trustee to the Gia Maione Prima Foundation awarded the first scholarship to Seniar Raines10/2016
On October 24, 2016 – Anthony J. Sylvester, partner and Trustee to the Gia Maione Prima Foundation awarded the first scholarship to Seniar Raines, student of St. Vincent Academy. Raines is a bassist and pianist who aspires to become a world class musician.
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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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Sherman Atlas is pleased to announce that seven of our attorneys have been selected by their peers for inclusion in The Best Lawyers in America© 201708/2016
Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
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The Gia Maione Prima Foundation sponsors the Morris Museum’s Arts Education Program08/2016
The Gia Maione Prima Foundation, for which Anthony J. Sylvester serves as Trustee, has entered into a sponsorship with the Morris Museum’s Arts Education Program. The Museum offers education programs that includes hands-on workshops and programs to enrich the lives of children in underserved communities as well as those with disabilities.
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Partner Anthony J. Sylvester, who serves as Trustee to the Gia Maione Prima Foundation, announced the Foundation’s sponsorship with the Morris Museum’s Arts Education Program08/2016
On Thursday, August 20, 2016, partner Anthony J. Sylvester who serves as Trustee to the Gia Maione Prima Foundation announced the Foundation’s sponsorship with the Morris Museum’s Arts Education Program at the Bickford Theatre in Morristown. The announcement was followed by the performance of Louis Prima, Jr. and the Witnesses. The Museum offers education programs that includes workshops and programs to enrich the lives of children in underserved communities as well as those with disabilities.
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Banking Alert July 201607/2016
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
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Banking Alert June 201606/2016
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
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Banking Alert May 201605/2016
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
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Banking Alert April 201604/2016
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
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Partner Anthony Sylvester spoke at the American Bar Association's Spring 2016 National Legal Malpractice Conference in New Orleans on April 28, 201604/2016
The session, "Ethics Gumbo: First You Make a Roux," included ethics issues within legal malpractice cases such as conflicts of interest and client confidentiality.
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Sherman Atlas is Pleased to Announce that Eight Attorneys have Been Named 2016 NJ Super Lawyers and Five Named Rising Stars03/2016
The Super Lawyers selection process comprises hundreds of thousands of statewide or regional surveys supplemented by a comprehensive examination of each nominee’s background and experience, focusing on such criteria as verdicts and settlements, transactions, representative clients, honors and awards, educational background, and any other outstanding achievements. Only 5 percent of the total lawyers in the state are selected for inclusion in Super Lawyers.
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Banking Alert March 201603/2016
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
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Banking Alert February 201602/2016
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
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Banking Alert January 201601/2016
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’
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Banking Alert December 201512/2015
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
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Banking Alert November 201511/2015
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
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Banking Alert October 201510/2015
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
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Banking Alert September 201509/2015
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
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Banking Alert August 201508/2015
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
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Red Bulls Networking Night and Morristown Jazz & Blues Festival08/2015
In This Issue:
- Sherman Atlas Hosts Red Bulls Networking Night
- Sherman Atlas Presents Portrait of Louis Prima to the Mayor of Morristown at the 2015 Morristown Jazz & Blues Festival
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Banking Alert July 201507/2015
In This Issue:
- Sherman Atlas 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
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Banking Alert June 201506/2015
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
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Banking Alert May 201505/2015
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
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Banking Alert April 201504/2015
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
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Banking Alert March 201503/2015
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
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Banking Alert February 201502/2015
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
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Banking Alert January 201501/2015
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
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Banking Alert December 201412/2014
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
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Banking Alert November 201411/2014
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
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Banking Alert October 201410/2014
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
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Banking Alert September 201409/2014
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