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NJ Appeals Court Holds Failure to Plead Bankruptcy Discharge Not a Waiver of Affirmative Defense in Post-Discharge Action

June 24, 2022

In a decision approved for publication, addressing the intersection of New Jersey Court Rule 4:5-4 and 11...

NJ Supreme Court Holds Attorney Review Period Not Required in Absolute Auction Sales

June 20, 2022

The New Jersey Supreme Court recently held that the mandatory three-day attorney review clause that must be...

Florida Federal Court Holds Exclusion 3(a) Bars Coverage Under Title Policy

June 9, 2022

The United States District Court for the Northern District of Florida recently held that a property owner...

Utah Supreme Court Holds HOA Restrictive Covenants Not Signed by Property Owners Are Not Void Ab Initio

June 2, 2022

The Supreme Court of Utah recently denied the appeal of a group of landowners (the “Landowners”) who...

Florida Court Holds Lender Can Seek Attorneys’ Fees from Prior, Dismissed Action as Condition of Restatement

May 26, 2022

A Florida appellate court recently held that a lender can include the attorneys’ fees it incurred in...

Illinois Appellate Court Holds November 2020 Foreclosure Sale Was Not Improper in Light of COVID Moratorium

May 17, 2022

The Illinois Court of Appeals recently found that Fannie Mae’s COVID-related instruction for servicers to suspend foreclosure...

NJ Appellate Division Vacates Trial Court’s Denial of Motion to Vacate Tax Sale Final Judgment

May 12, 2022

The New Jersey Appellate Division recently reversed the finding of a lower court, which had denied a...

Arizona Supreme Court Holds HOA May Only Amend Restrictions With Notice

May 5, 2022

The Arizona Supreme Court recently held that a homeowners’ association (“HOA”) could only use its general-amendment-power provision...

Kentucky Federal Court Holds Law Firm May Be Liable for Searching Title to Incorrect Property

May 3, 2022

The United States District Court for the Eastern District of Kentucky recently held that a lender might...

Washington Supreme Court Orders Physical Removal of Racially Restrictive Covenant from Public Records

April 21, 2022

The Washington Supreme Court recently remanded a declaratory action stemming from a racially restrictive covenant in a...

Eleventh Circuit Voids Deed, Holds Attorney Acknowledgement Was Insufficient

April 13, 2022

The United States Court of Appeals for the Eleventh Circuit recently overturned a lower court and found...

Illinois Federal Court Denies Motion to Reconsider Claims Against Title Insurer

April 8, 2022

The United States District Court for the Northern District of Illinois recently denied plaintiff James Stewart’s (“Stewart”)...

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