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In response to skyrocketing foreclosures in the wake of the 2008 financial crisis, the New York legislature mandated settlement conferences as a prerequisite to many residential foreclosures. Although statutory amendments have expanded the statute's reach, settlement conferences are not required for all residential mortgages. A recent Second Department case, Independence Bank v. Valentine, NYLJ 12/12/13, p. 31, col. 5, explores the statute's limits.
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
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In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?