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  • Banking Alert September 2023
    09/23

    In this issue:

    • New Jersey Appellate Division Affirms Dismissal of Action Arising From Dishonored Check After Trial
    • New Jersey Appellate Division Affirms Dismissal of Consumer Fraud Class Action Against Debt Collector

  • Banking Alert August 2023
    08/23

    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

  • Banking Alert July 2023
    07/23

    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

  • Banking Alert June 2023
    06/23

    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

  • Banking Alert May 2023
    05/23

    In this issue:

    • Using Cost-Shifting in Responding to Overbroad and Burdensome Subpoenas
    • New Jersey Appellate Division Strikes Down “Unconscionable” Arbitration Provision

  • Banking Alert April 2023
    04/23

    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

  • Banking Alert March 2023
    03/23

    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

  • Corporate Alert March 2023
    03/23

    In this issue:

    • Private Company Ownership Disclosure is Coming
    • On Our Watchlist:  Non-Compete Clauses Under Scrutiny

  • Banking Alert February 2023
    02/23

    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

  • Banking Alert January 2023
    01/23

    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

  • Banking Alert December 2022
    12/22

    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

  • Tax and Trust & Estates Newsletter December 2022
    12/2022

    In this issue:

    • Gifts to Charities
    • 2023 Inflation Adjustments for Tax Items

  • Banking Alert November 2022
    11/22

    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

  • Banking Alert October 2022
    10/22

    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

  • Banking Alert September 2022
    09/22

    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

  • Banking Alert August 2022
    8/22

    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

  • Banking Alert July 2022
    7/22

    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

  • Banking Alert June 2022
    6/22

    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

  • Banking Alert May 2022
    5/22

    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

  • Banking Alert April 2022
    4/22

    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

  • Banking Alert March 2022
    3/22

    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

  • Banking Alert February 2022
    2/22

    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

  • Banking Alert January 2022
    1/22

    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

  • Tax and Trust & Estates Newsletter January 2022
    1/2022

    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

  • Banking Alert December 2021
    12/2021

    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

  • Banking Alert November 2021
    11/2021

    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

  • Banking Alert October 2021
    10/2021

    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

  • Banking Alert September 2021
    9/2021

    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

  • Banking Alert August 2021
    8/2021

    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

  • Banking Alert July 2021
    7/2021

    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

  • Banking Alert June 2021
    6/2021

    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

  • Banking Alert May 2021
    5/2021

    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

  • Banking Alert April 2021
    4/2021

    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

  • 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
    7/2020

    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

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