Insights

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

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

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

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

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

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

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

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