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N.J. Appellate Court Issues Guidance on Sufficient Proofs Under Revised “Fair Market Value” Standard

April 27, 2023

On April 21, 2023, the New Jersey Appellate Division (“the Court”) issued an important and uniquely topical...

Alaska Holds Improperly Recorded Lien Effective Under “Equitable Mortgage” Doctrine

January 12, 2023

On December 7, 2022, the Alaska Supreme Court (“the Court”) issued an opinion in the matter of...

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...

Sixth Circuit Reaffirms Mortgagor’s Right to Excess Proceeds in a Foreclosure Under Doctrine of Equitable Title

November 22, 2022

The United States Court of Appeals for the Sixth Circuit recently issued an opinion reaffirming mortgagors’ post-foreclosure...

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...

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...

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’...

New Jersey Federal Court Denies Motion for Reconsideration of Dismissal of Mortgage “Mishandling” Claims

March 24, 2022

The United States District Court for the District of New Jersey recently denied a borrower’s motion for...

New York Court Denies Injunction to Stay Foreclosure Sale of Boston’s State Street Building

March 16, 2022

The New York Supreme Court, Kings County, recently denied a plaintiff’s motion for an injunction staying the...

Nevada Supreme Court Holds Four-Year Limitations Period Applies to Prior Lender Challenging HOA Sale

March 3, 2022

In a question certified by the Ninth Circuit Court of Appeals, the Nevada Supreme Court recently held...

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