-
Banking Alert September 202309/23
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 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
-
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
-
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
-
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
-
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
-
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
-
Corporate Alert March 202303/23
In this issue:
- Private Company Ownership Disclosure is Coming
- On Our Watchlist: Non-Compete Clauses Under Scrutiny
-
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
-
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
-
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
-
Tax and Trust & Estates Newsletter December 202212/2022
In this issue:
- Gifts to Charities
- 2023 Inflation Adjustments for Tax Items
-
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
-
Banking Alert October 202210/22
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
- Fifth Circuit Invalidates CFPB’s Regulations Governing Payday Lenders and Calls Into Question Constitutionality of CFPB’s Authority
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
Tax and Trust & Estates Newsletter January 20221/2022
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 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
-
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
-
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
-
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
-
Banking Alert August 20218/2021
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 20217/2021
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 20216/2021
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 20215/2021
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 20214/2021
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 20212/2021
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 20211/2021
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 202012/2020
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 202011/2020
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 202010/2020
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 20209/2020
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 20208/2020
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 20207/2020
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 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
-
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
-
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
-
Corporate Alert March 202003/2020
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 Edition02/2020
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 202002/2020
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 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
-
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
-
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
News & Publications