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By Howard W. Kingsley | January 16, 2024
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
By Zack Needles | January 9, 2024
The news and analysis you need to start your day.
4 minute read
By Charles Toutant | January 8, 2024
Richard Perr, chair of the Consumer Financial Services Practice Group at Kaufman Dolowich in Philadelphia, expects to see such suits become more common as the collection industry abandons phone calls and postal mail in favor of less costly methods of contacting debtors.
5 minute read
By Jim Francis | January 5, 2024
What happens when a consumer brings a claim under the FCRA against a furnisher that is a federal government agency, claiming the agency violated the statute? Is that agency protected from liability by the federal government's sovereign immunity?
7 minute read
By Brian Lee | January 2, 2024
In her State of the State message, Gov. Kathy Hochul urged lawmakers to empower the attorney general's office and financial regulators to crack down on abusive business practices.
5 minute read
By Barbara M. Goodstein and John M. Conlon | December 6, 2023
Judgment creditors frequently encounter difficulties enforcing their judgments against debtors, particularly those in distressed circumstances. A recent decision by the Court of Appeals of Ohio in 'Wulco v. The O'Gara Group & Monroe Capital Partners Fund' involved a battle between a judgment creditor and a UCC secured creditor, each seeking to obtain funds in a debtor's bank account. The court examined not only the relative rights of the creditors as to those funds, but also whether a court clerk to whom the funds were transferred (as part of garnishment proceedings) could be a "transferee" under Section 9-332 of the Uniform Commercial Code, thereby stripping away any prior security interest.
12 minute read
By Scott Mollen | December 5, 2023
Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
19 minute read
By Dan Roe | October 25, 2023
Big Law bankruptcy practices are closing in on their best year since 2020.
3 minute read
Delaware Business Court Insider
By Ellen Bardash | October 24, 2023
Judge John T. Dorsey approved the FTX debtors' motion to deviate from rules typically used in bankruptcy proceedings.
4 minute read
By Steven G. Yudin | October 24, 2023
There are many issues to consider when pursuing homestead property and navigating through Article 52 of the Civil Practice Law and Rules, which governs judgment enforcement, can be challenging.
9 minute read
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Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...
Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...
Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS