Michael R O Donnell

April 23, 2021 | New Jersey Law Journal

All practitioners involved in New Jersey real estate litigation need to be aware of 'Deely,' a recent Appellate Division decision that expands the situations in which a lender can use the doctrine of equitable subrogation to protect the priority status of a lien, by holding that a lender's knowledge of a prior competing lien does not bar the application of the doctrine.

By Ronald Z. Ahrens and Michael R. O'Donnell

7 minute read

October 03, 2016 | New Jersey Law Journal

Lenders and title insurance companies involved in New Jersey real estate transactions should be aware of these conflicting decisions, as they may affect how title insurance policies are interpreted in New Jersey going forward.

By Michael R. O' Donnell and Michael P. Crowley

16 minute read

June 09, 2016 | New Jersey Law Journal

A recent appellate decision shows how New Jersey's version of UFTA gives creditors greater rights as to the period of repose when compared with other states.

By Michael R. O' Donnell and Michael P. Crowley

16 minute read

March 29, 2016 | New Jersey Law Journal

Exclusions 3(a) and 3(b) of the standard title policy continue to protect title insurers from title defects that their insured either created or knew about.

By Michael R. O'Donnell and Michael P. Crowley

16 minute read

October 02, 2015 | New Jersey Law Journal

How lenders can use equitable subrogation and ratification to establish the validity or priority of their liens, in the face of claims based on a prior mortgage not being paid off.

By Michael R. O'Donnell and Michael P. Crowley

8 minute read

October 02, 2015 | New Jersey Law Journal

How lenders can use equitable subrogation and ratification to establish the validity or priority of their liens, in the face of claims based on a prior mortgage not being paid off.

By Michael R. O'Donnell and Michael P. Crowley

8 minute read

April 11, 2005 | New Jersey Law Journal

Recent New Jersey case law has set forth clear guidelines as to when a lender may recover a prepayment premium after accelerating a loan because of a borrower's default.

By Michael R. O'Donnell and David R. Hausmann

9 minute read