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September 17, 2024 | New York Law Journal

Condo Unit Owner Counterclaims Against Board; Irregularities in a Lease Guaranty; Foreclosure Intervention: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Board of Mgrs. of the Promenade Condominium v. Eshaghpour," "130 Greene TIC LLC v. Brown," and "JP Morgan Chase Bank v. Lafond."
15 minute read
August 02, 2024 | New York Law Journal

Exit Spring, Enter Summer

"As the summer days pass us by, we examine the decisions of the past several months that impacted the field of trusts and estates," writes Ilene Cooper.
10 minute read
July 02, 2024 | New York Law Journal

Lenders Blasted for 90-Day Notice (With One Saving Grace)

While lenders and servicers with New York portfolios should long have been exceptionally familiar with the requirement, such presumed awareness nonetheless seems to little diminish the constant—often fatal losses suffered.
9 minute read
June 26, 2024 | Connecticut Law Tribune

'Precise Guidance': High Court Clarifies What It Expects on Remand

"The court did an important service for both judges and litigants moving forward by clarifying how remand orders should be phrased in the future, so to avoid potential windfalls to the lender, or other inequitable outcomes," Thomas Willcutts of Willcutts & Habib, counsel for the plaintiff, said.
4 minute read
May 02, 2024 | Daily Business Review

'I'm Out 100,000 Bucks': Hackers Resurface, Dupe Miami Law Firm

"I know attorneys, title agents, in particular, have been targeted by these types of fraudsters," said commercial litigator Rick Arce of Perlman, Bajandas, Yevoli & Albright, who is not involved in the litigation.
6 minute read
April 12, 2024 | The Legal Intelligencer

Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor

In In re Cortlandt Liquidating, the U.S. District Court for the Southern District of New York, sitting as an appellate court, reviewed a Bankruptcy Court decision that addressed a number of issues involving a commercial landlord's claims in bankruptcy.
9 minute read
March 27, 2024 | New York Law Journal

Subject-Matter Jurisdiction

In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.
8 minute read
March 14, 2024 | Texas Lawyer

Patent Owners Slap 20 Lawsuits on Banks Across Texas Courts

Citigroup Inc., Capital One Financial Corp., JPMorgan Chase Bank N.A., Regions Bank, Truist Financial Corp., are among the 13 banks being sued by Innomemory LLC in the Western and Eastern Districts of Texas.
5 minute read
January 16, 2024 | New York Law Journal

Borrower's Common Defenses in Mortgage Foreclosures Negated

Howard Kingsley, who represented Broom Lender in "Broome Lender LLC v. Empire Broome LLC," discusses the case and how the Appellate Division, First Department removed common obstacles and cleared the path for assignees of mortgage loans to foreclose easily and quickly. Kingsley offers that the case is a "major win for lenders and their assignees because there had not been a prior decision by a New York state court where it found that, although standing was not established through an allonge, standing was established on summary judgment by the assignment of the note."
8 minute read
January 04, 2024 | Law.com

Elderly Couple's Suit Against JPMorgan Chase Claiming More Than $20M in Losses Limited to Bench Trial

"Although we are disappointed with the decision, we look forward to moving swiftly ahead with a bench trial before Judge Kelley and getting the Doelgers the justice they deserve," the plaintiffs' lead attorney, James R. Serritella, a partner with Kim & Serritella, told Law.com.
5 minute read

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