News & Publications

In This Issue:

• New Jersey Federal Court Dismisses Mortgagor’s Claims Against Former Counsel and Mortgagee in Connection with State Foreclosure Action
• New Jersey Appellate Division Applies Equitable Subrogation Doctrine to Junior Mortgage Where Senior Mortgage Had Already Been Paid in Full
• New Jersey Supreme Court Reverses New Jersey Appellate Division’s Holding That Invalidated Mortgage Documents as Forgeries

In This Issue:

• New Jersey Appellate Division Affirms Default Judgment in Equipment Financing Collection Action
• New Jersey Appellate Division Affirms Financial Judgment of Foreclosure Where Defaulting Defendant Failed to Establish Meritorious Defense
• New Jersey Federal Court Dismisses Complaint on Abstention Grounds

In This Issue:

• Anthony J. Sylvester Named “Lawyer of the Year” in Banking and Financing Law
• New Jersey Federal Court Refuses to Dismiss Breach of Implied Covenant of Good Faith and Fair Dealing Claim Brought by Borrower Against Lender
• New Jersey Appellate Division Affirms Reinstatement of Foreclosure Action After Proof of Service of NOI Provided to Trial Court

In This Issue:

• New Jersey Appellate Division Affirms Dismissal of Claim Over Dishonored Check
• New Jersey Appellate Division Rejects Untimely Challenges to Summary Judgment in Foreclosure Action
• New Jersey Appellate Division Affirms Denial of Motion to Vacate Judgment of Foreclosure

In This Issue:

• New Jersey Appellate Division Affirms Final Judgment of Foreclosure and Striking of Borrower’s Counterclaims
• New Jersey Federal Court Dismisses Complaint Alleging Fraud Against Mortgage Servicer
• New Jersey Appellate Division Rejects Borrower’s Challenge to Bank’s Standing to Foreclose

In This Issue:

• CFA Claim Brought By Borrower’s Spouse Precluded By Entire Controversy Doctrine
• New Jersey Appellate Division Affirms That Defendant in Foreclosure Action Lacks Standing to Challenge Assignment of Mortgage
• New Jersey Appellate Division Refuses to Vacate Sheriff Sale Based on Challenge to Notice of Sale

In This Issue:

• New York Federal Court Affirms $232,500 Arbitration Award Against Bank For Violation of Telephone Consumer Protection Act
• New Jersey Appellate Division Affirms Summary Judgment Order in Favor of Lender in Foreclosure Action
• New Jersey District Court Remands Foreclosure Action to State Court for Lack of Subject Matter Jurisdiction

In This Issue:

• New Jersey Supreme Court Rules That Entire Controversary Doctrine Does Not Bar Party Who Is Successful on A Motion to Dismiss from Later Asserting Claims
• Appellate Division Affirms Denial of Additional Attorneys’ Fees and Sanctions in Connection with Fair Debt Collection Practices Act
• New Jersey Supreme Court Rules Debtor Can’t Affirmatively Use Fair Market Value Credit to Obtain Money Judgment Against Creditor

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

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

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

In This Issue:

• Cash Flow Assistance for Small Businesses: Potentially Forgivable Paycheck Protection Loans
• Tax Credits for Employers Who Provide Coronavirus-Related Leave
• Force Majeure Clauses and COVID-19
   

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.

In This Issue:

• The New SECURE Act’s Effect on Estate Planning for Retirement Plans
• Relief from Federal Limitation on Deduction for State and Local Income Taxes for Some New Jersey Business Owners
• Private Foundation Excise Tax Rate Simplification – Law Change Effective 2020
• Misleading Notices from Third Parties of Annual Report Delinquencies for New Jersey Entities

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

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

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

In This Issue:

• 2020 Inflation Adjustments for Tax Items
• If You Want to Make Gifts to Charities or Others in 2019, Be Sure Those Gifts Are “Completed” this Year for Tax Purposes
• Thinking of Converting your S Corporation to a C Corporation? Avoid this Trap for the Unwary.
• The Nonprofit Forum - Is it Time to Convert Your Private Foundation to a Donor-Advised Fund?

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

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

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

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

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

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

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 Atlas Welcomes New Associate to the Tax and Trusts & Estates Group
• New Jersey Trustee Uniform Trust Code Disclosure Requirements – A Reminder