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  • Banking Alert March 2021
    3/2021

    In This Issue:

    • New Jersey Appellate Division Affirms Trial Court’s Decision After Bench Trial in Favor of Lender in Foreclosure Action
    • New Jersey Restarts Commercial Evictions and Post-Judgment Foreclosure Proceedings
    • New Jersey Appellate Division Affirms Trial Court’s Dismissal of Action Based on Dishonored Check

  • Banking Alert February 2021
    2/2021

    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

  • Banking Alert January 2021
    1/2021

    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

  • Banking Alert December 2020
    12/2020

    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

  • Banking Alert November 2020
    11/2020

    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

  • Banking Alert October 2020
    10/2020

    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

  • Banking Alert September 2020
    9/2020

    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

  • Banking Alert August 2020
    8/2020

    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

  • Banking Alert July 2020
    07/2020

    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

  • Banking Alert June 2020
    06/2020

    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

  • Banking Alert May 2020
    05/2020

    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

  • Banking Alert April 2020
    04/2020

    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

  • Corporate Alert March 2020
    03/2020

    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
       

  • 2020 Estate Planning Essentials Guide - NJ Edition
    02/2020

    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.

  • Tax and Trust & Estates Update February 2020
    02/2020

    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

  • Banking Alert January 2020
    01/2020

    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

  • Banking Alert December 2019
    12/2019

    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

  • Banking Alert November 2019
    11/2019

    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

  • Tax and Trust & Estates Update November 2019
    11/2019

    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?

  • Banking Alert October 2019
    10/2019

    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

  • Banking Alert September 2019
    09/2019

    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

  • Banking Alert August 2019
    08/2019

    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

  • Banking Alert July 2019
    07/2019

    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
    06/2019

    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
    05/2019

    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
    05/2019

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

  • Banking Alert April 2019
    04/2019

    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
    03/2019

    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
    02/2019

    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
    02/2019

    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
    01/2019

    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
    12/2018

    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
    12/2018

    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
    11/2018

    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
    10/2018

    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
    09/2018

    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
    09/2018

    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 Atlas Proudly Announces Three New Members of the Tax and Trusts & Estates Group

  • Banking Alert August 2018
    08/2018

    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
    07/2018

    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
    06/2018

    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
    05/2018

    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
    04/2018

    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
    03/2018

    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
    02/2018

    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
    01/2018

    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

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

    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 Atlas Announces New York Office Move

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

    In This Issue:

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

  • Banking Alert December 2017
    12/2017

    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
    11/2017

    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
    11/2017

    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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