New Jersey Law Journal | Analysis
By Ronald Z. Ahrens and Michael R. O'Donnell | April 23, 2021
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.
The Legal Intelligencer | Commentary
By Matthew J. McDonald and Patrick McKnight | April 22, 2021
The revisions will expand coverage, modify certain required procedures and eliminate several exceptions. These changes have significant implications for the ability of many employers to inquire about the criminal history of independent contractors, gig workers and current employees.
New Jersey Law Journal | Analysis
By Jacqueline Greenberg Vogt | April 22, 2021
Private project owners have become increasingly interested in taking advantage of the same protections that public owners historically have had, by requiring surety bonds. While the cost can be a deterrent, when compared to the price of project failure, the cost of the bonds is relatively minor.
New Jersey Law Journal | Analysis
By Myron C. Weinstein | April 21, 2021
The new six-year statute of limitations, applicable under the Fair Foreclosure Act, is a game changer. The six-year period applies to residential mortgages executed on or after April 29, 2019, and runs from the date on which the debtor defaulted. But fear not; its bark is much worse than its bite.
New York Law Journal | Analysis
By Morgan R. McCord | April 21, 2021
The court answered the open questions of (1) what evidentiary showing a borrower must make to rebut a lender's proof of a standard office procedure to establish compliance with RPAPL 1304's notice requirement, and (2) whether lenders must provide information for all borrowers in RPAPL 1306 proof of filing statements.
New York Law Journal | Expert Opinion
By Todd Soloway and Michael Levison | April 13, 2021
The raft of litigation arising out of pandemic-induced foreclosure actions and diligence-intensive distressed deals are causing lenders and borrowers alike to carefully scrutinize their loan documentation. Methods of enforcement and potential defenses are critical.
New York Law Journal | Commentary
By Y. David Scharf, David B. Saxe and Aaron B. Lauchheimer | March 19, 2021
The COVID-19 pandemic has badly shaken the commercial real estate market. A recent First Department decision has thrown an unfortunate barrier up against the hope for a turnaround.
New York Law Journal | Analysis
By Morgan R. McCord | March 12, 2021
The Appellate Division's decision is a welcome relief to the mortgage servicing industry.
New York Law Journal | Commentary
By K. Scott Kohanowski | February 16, 2021
It is time for New York to protect all owner-occupants of residential property and urgently close the loophole that denies at-risk co-op unit owners the protections accorded to similarly situated homeowners.
By Michael T. Brody | February 10, 2021
A recent flurry of decisions in the U.S. Court of Appeals for the Seventh Circuit reveals that courts may follow a particular percolating issue, coordinate their decisions, and release opinions to address recurring issues or to clarify the law of the circuit.
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