Banking Litigation

Mississippi Appeals Court Holds Beneficiary of Deed of Trust Has Priority Over Prior Deed of Trust Because the Prior Deed of Trust Lacked a Named Beneficiary

In an action brought by plaintiff, a beneficiary under a subsequent deed of trust, seeking a declaration...

California Appellate Court Affirms Judgment for Title Insurer After Insured Conveyed Its Interest in Foreclosure Sale

In an action brought by foreclosure sale purchasers against the foreclosing bank’s title insurer based on the...

Arizona Court of Appeals Affirms Summary Judgment for Mortgagee Under Replacement Doctrine, but Reverses Application of Equitable Subrogation

In an action regarding lien priority between two lenders, the Court of Appeals of Arizona recently affirmed...

New Jersey Chancery Division Holds That Courts Cannot Appoint Custodial Receivers in Foreclosure Actions of Single-Family Residential Dwellings

In a noteworthy decision that was approved for publication on June 29, 2017, the New Jersey Chancery...

Supreme Court Holds That Purchaser of Defaulted Debt Is Not “Debt Collector” Under FDCPA

In a significant decision for banks and the lending industry as a whole, the United States Supreme...

Third Circuit Affirms Foreclosure Judgment Finding Lender Had No Duty To Borrower To Monitor Property Inspections On Residential Construction Loan

In a case successfully litigated by Riker Danzig partner Jonathan Vuotto, the Third Circuit Court of Appeals...

Supreme Court of Arizona Holds That Credit Bid at Trustee’s Sale Is Not a Payment Under a Title Insurance Policy

In recent years, the question of whether a full-credit bid at a foreclosure sale constitutes a payment...

New York Supreme Court Vacates Confession of Judgment Based on a Criminally Usurious Contract

The Supreme Court of New York, Westchester County, recently granted defendant’s motion to vacate a confession of...

New York Supreme Court Dismisses Claim Against Bank for Withdrawing Deposits from Allegedly Forged Checks

The Supreme Court of New York, New York County, recently granted defendant bank’s motion to dismiss a...

Second Circuit Holds That One-Year Limitations Period Imposed by Bank for Bringing a Claim Was Reasonable

The United States Court of Appeals for the Second Circuit recently issued a summary order affirming a...

New York Appellate Court Denies Title Coverage Based on Exclusion 3(a)

The Second Department of New York’s Appellate Division recently affirmed a lower court’s decision to deny an...

New York Updates Banking Law to Define “Consummation of a Mortgage Loan” Pursuant to TILA and RESPA

Governor Andrew Cuomo recently signed a bill that clarified the obligations of settlement service providers under two...