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NY Holds CEMA Defense Waiver Enforceable & Effective to Waive Statute of Limitations Defense

January 10, 2023

In the matter of Bank of N.Y. Mellon v. Vogt, LEXIS 2178 (N.Y.L.J. Nov. 3, 2022), on...

New Jersey Appellate Division Holds Unrecorded Mortgages Enforceable and Sufficient to Trigger Statutory Interest Caps Under N.J.S.A. 31:1-1

December 27, 2022

In the recently-issued decision of Deutsch v. Iedu Tech., No. A-1541-21, LEXIS 2309 (App. Div. Nov. 23,...

Pennsylvania Federal Court Dismisses Statutory Claims, Allows Breach of Contract Claims in Wire Fraud Case

October 11, 2022

In a wire fraud claim raised by a bank’s customer, the United States District Court for the...

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...

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...

NY Court Holds Statute of Frauds Bars Oral Modification of Agreement When Parties Dispute Terms

May 19, 2022

The Supreme Court of New York, Suffolk County, recently held that the statute of frauds bars an...

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...

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...

In Split Decision, Tenth Circuit Affirms Dismissal in Overdraft Charge Dispute

April 20, 2022

In a split decision, the United States Court of Appeals for the Tenth Circuit recently affirmed 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...

New Jersey Appellate Division Allows Intervention in Tax Sale Foreclosure

April 5, 2022

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

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