News & Publications

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

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

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

In this issue:

• Gifts to Charities
• 2023 Inflation Adjustments for Tax Items

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

In this issue:

• Fifth Circuit Invalidates CFPB’s Regulations Governing Payday Lenders and Calls Into Question Constitutionality of CFPB’s Authority
  
• New Jersey Appellate Division Affirms Summary Judgment in Favor of Plaintiff in Residential Foreclosure Action
  

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

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

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

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

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

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

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

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

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

In This Issue:

• Reflections on 2021
• 2022 Inflation Adjustments for Tax Items
• Trustees Beware: Trust-Owned Life Insurance Needs A Regular Review to Avoid Trustee Liability
• IRS Issues Instructions on S-Corporation’s Tax Reporting Related to PPP Loan Forgiveness

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

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

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

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

In This Issue:

• United States Supreme Court Strikes Down COVID-19 Protections in New York
• New Jersey Federal Court Dismisses Borrower’s Fraud Claims After Exercising Supplemental Jurisdiction
• New Jersey Appellate Division Finds Defaulting Purchaser at Sheriff’s Sale Does Not Forfeit Entire Deposit but was Required to Pay Mortgagee’s Out-of-Pocket Costs Attributable to Purchaser’s Default

In This Issue:

• United States Supreme Court Further Limits Standing in Consumer Class Actions
• New Jersey Appellate Division Applies Statute of Limitations to Bar Collection Action on Promissory Note
• New Jersey Appellate Division Affirms Decision to Vacate Judgment of Foreclosure When Complaint Was Not Properly Served on Real Title Holder

In This Issue:

• New York Extends Limitation on Residential and Commercial Foreclosures Until August 31, 2021
• New Jersey Appellate Division Affirms Grant of Partial Summary Judgment in Deficiency Action and Dismissal of Borrowers’ Lender-Liability Based Counterclaims
• Recent Changes to the New York Statutory Short Form Power of Attorney

In This Issue:

• New Jersey Appellate Division Affirms Trial Court’s Grant of Summary Judgment in Residential Foreclosure Action
• New York Amends its Rules for Attorney Trust, Special and Escrow Accounts in Connection with Overdraft Notices
• New Jersey Appellate Division Rejects Borrower’s Standing Arguments in Foreclosure Action

In This Issue:

• New Jersey Federal Court Denies Motion Seeking to Dismiss FDCPA Claims Arising From Filing of Foreclosure Action
• New Jersey Appellate Division Affirms Trial Court’s Grant of Summary Judgment in Residential Foreclosure Action
• New York Appellate Division Refuses to Enjoin Article 9 Foreclosure Sale of Equity Interests of Borrower