Financial Services Law

United States District Court for the District of Maryland Grants Defendant’s Motion to Dismiss For Class Action Kickback Scheme Based On Statute Of Limitations

The United States District Court for the District of Maryland recently held that Plaintiffs’ purported class action...

New Jersey Appellate Court Holds Trial Court Must Determine Fair Market Value Credit of Foreclosed Properties to Ensure Lender Did Not Receive a Windfall

In a decision approved for publication, New Jersey’s Appellate Division recently remanded an action to the Chancery...

New Jersey District Court Finds Defendants Liable to Title Insurance Company for Conversion, But Factual Issues Preclude Summary Judgment on Fraud Claim

In an action by plaintiff title insurance company against defendants for claims of fraud and conversion arising...

Third Circuit Holds Debt-Collection Letter Offering Settlement of Time-Barred Debt May Violate the FDCPA

The United States Court of Appeals for the Third Circuit recently reversed a district court’s decision and...

New Jersey Appellate Division Holds Entire Controversy Doctrine Bars Law Division Action Regarding Loan Modification After Claim Was Abandoned in Foreclosure Action

In a decision approved for publication, New Jersey’s Appellate Division recently affirmed that a defendant in a...

Tenth Circuit Holds FDCPA Does Not Apply to Non-Judicial Foreclosures

The United States Court of Appeals for the Tenth Circuit recently joined the Ninth Circuit and affirmed...

New Jersey Amends Its Requirement for the Recognition of Foreign Judgments

On his last day in office, Governor Christie enacted new legislation that will change the way foreign-country...

New Jersey Appellate Division Holds Non-Debtor Did Not Waive Rights to Levied Monies in Joint Account

In a decision approved for publication, the New Jersey Appellate Division recently held that a debtor’s spouse...

New York’s First Department Reverses Trial Court’s Denial of Summary Judgment in Foreclosure Despite Errors in Affidavits

The First Department of New York’s Appellate Division recently held that a trial court should have granted...

New York’s First Department Holds Mortgagee’s Interest in Property Was Not Rendered Null and Void Where Mortgagors Had Acquired Property by Fraudulent Means

The First Department of New York’s Appellate Division recently held that a mortgagee’s interest in a property...

Wisconsin Federal Court Holds That Creditor Who Inadvertently Included Extra Space in Debtor’s Name in UCC Financing Statement Was Unsecured

The United States District Court for the Western District of Wisconsin recently held that a creditor did...

New Jersey Appellate Division Affirms That Lender Was Not Entitled to Priority for Its First-Recorded Mortgage When It Was Aware of Other Mortgage, Even if It Was Not Aware of Other Mortgagee’s Identity

The New Jersey Appellate Division recently affirmed that a lender who records a mortgage with knowledge of...