Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld
September 01, 2021NYRE Staff
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
September 01, 2021By Jonathan RobbinIn In re Bryant, the U.S. Bankruptcy Court for the Middle District of Georgia determined that a lender's UCC-1 financing statements were "seriously misleading" under the Georgia Commercial Code because the financing statements identified the individual debtor with his middle name abbreviated.
September 01, 2021Rudolph J. Di Massa Jr. and Keri L. CostelloOne provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
September 01, 2021Lanier Saperstein and Samuel HickeySummary Judgment Premature on Discrimination Claim Defect In Recording Insufficient to Defeat Mortgage Priority
September 01, 2021NYRE StaffBuyers generally assume that the multi-page "free and clear" order, which typically follows the sale hearing, will insulate them from any of the seller's current (and often) future liabilities. However, that is not always the case.
September 01, 2021Francis J. Lawall and Kenneth A. ListwakFederal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101 Federal Circuit Holds that Pendency of Motions Unrelated to Interlocutory Judgment Does Not Toll 30-Day Limit to File Notice of Appeal
September 01, 2021Jeffrey S. Ginsberg and Abhishek BapnaSecretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
September 01, 2021Joel CohenUnder §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.
August 01, 2021Stan Soocher
