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BuckleySandler LLP: NJ Appellate Court Bars Foreclosure Action

Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here: http://www.buckleysandler.com/infobyte-detail/infobytes-august-12-2011 A New Jersey appellate court held that a bank's non...

Ohio Supreme Court Standing Decision Will Force Banks to Address “Paperwork Later” Approach to Foreclosure Actions

The Ohio Supreme Court recently addressed the following question: Can a lack of standing at the commencement of a foreclosure action be cured by obtaining an assignment of a note and mortgage sufficient to establish standing prior to the entry of judgment? On October 31 st , the court answered...

Changing Tide In Foreclosure Litigation? Courts Taking Closer Look When Defendants Assert Lack Of Standing At Last Minute

In a series of recent decisions, New Jersey courts appear to be taking a stance against defendants raising, as a last-minute defense, that a party lacks standing to foreclose. This is good news for lenders and their assignees, who, prior to these decisions, faced the prospect of proceeding to final judgment...

Not A Holder In Due Course? Not Necessarily A Standing Problem

By now, all lenders have likely been faced with at least one situation where a borrower alleges that the lender lacked standing to sue on a note because the lender was not the holder of the note. While New Jersey courts have largely eliminated this defense, at least in the post-judgment context (see...