LexisNexis® Legal Newsroom
Tartaglia on Establishing Standing under New York SEQRA in Land Use Cases

In this Analysis, Alfred C. Tartaglia, Esq. examines Matter of Save the Pine Bush, Inc. v Common Council of the City of Albany , 2009 NY Slip Op 7667, 1 (N.Y. 2009) , focusing on the "injury in fact" and "special harm" requirements which must be satisfied to establish standing...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – Sept. 20th Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – Sept. 20th Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Foreclosure Docs & Robo-Signers in the Headlines: Underlying Legal Issues

While attention in the popular media is focused on the "robo-signers," the decision in BANK OF NEW YORK v. RAFTOGIANIS, 2010 N.J. Super. Unpub. LEXIS 2316 (June 29, 2010) [ enhanced version available to lexis.com subscribers ] will enlighten lawyers on the issues behind the headlines. It addresses...

Foreclosure Docs & Robo-Signers in the Headlines: Underlying Legal Issues

While attention in the popular media is focused on the "robo-signers," the decision in BANK OF NEW YORK v. RAFTOGIANIS, 2010 N.J. Super. Unpub. LEXIS 2316 (June 29, 2010) [ enhanced version available to lexis.com subscribers ] will enlighten lawyers on the issues behind the headlines. It addresses...

Ninth Circuit expands standing for ADA claims concerning facility accessibility and architectural barriers: Chapman v. Pier 1 (Jan. 7, 2011)

In the case of Chapman v. Pier 1 Imps.(U.S.), Inc. , 2011 U.S. App. LEXIS 453 (9th Cir. Cal. Jan. 7, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], Byron Chapman, who used a wheelchair, sued Pier 1 Imports , alleging that...

Vetstein Law Group: Chatham Waterfront Owners Lack Standing To Challenge Special Permit Over Ocean View Obstruction

By Richard D. Vetstein, ESQ Ocean and waterfront views are some of the most valuable and fought-over property amenities in Massachusetts. The difference in price between a property with unobstructed ocean view versus one without - even on the same street - can be significant. Massachusetts zoning...

New York District Court, on an Issue of First Impression, Determines that Borrower Is Not a Third Party Beneficiary to a Home Affordable Modification Program Servicer Participation Agreement

On April 21, in a matter of first impression for Second Circuit courts, a New York District Court determined that a borrower is not a third party beneficiary to a Home Affordable Modification Program (HAMP) Servicer Participation Agreement between Fannie Mae and a mortgage servicer. In Rivera...

Standing Is a Waivable Defense – But for How Long?

By: Bruce J. Bergman Member, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C .; Author, Bergman on New York Mortgage Foreclosures , 3 vols, LexisNexis Matthew Bender (rev. 2011) (If you do not have a lexis.com ID, you can purchase Bergman on New York Mortgage Foreclosures at the LexisNexis...

BuckleySandler LLP: District Court Rules that Mortgage Servicer Lacks Standing to Bring Suit Against HUD for Failure to Process or Pay FHA Insurance Benefit Claims

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-july-29-2011 On July 20, the U.S. District Court for the Northern District...

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...

The Right of Individual Condominium Unit Owners to Sue the Association's Property Insurer

In this Analysis, Douglas Scott MacGregor reviews the basic principles of condominium ownership and the requirements for insuring condominium real property before turning to a survey of the cases on unit owner standing in litigation against association insurers. It concludes by suggesting a need...

U.S. Supreme Court Dismisses Appeal Over Plaintiff’s Standing In Kickback Lawsuit

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today dismissed an appeal of a Ninth Circuit U.S. Court of Appeals ruling [ enhanced version available to lexis.com subscribers ] that affirmed a plaintiff's right to sue banks and title insurance companies accused of paying kickbacks for fees...

Ballard Spahr LLP: Supreme Court Punts on Rendering Decision in Important Standing Case

By the Consumer Financial Services Group In an anti-climactic conclusion to a closely-watched case, the Supreme Court has dismissed the appeal in First American Financial Corp. v. Edwards [610 F.3d 514 (9th Cir. Cal. 2010) enhanced version available to lexis.com subscribers ]. In a one-sentence...

Professor Bethany Berger on Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

Challenges to federal title to land taken into trust for American Indian tribes may proceed despite the Quiet Title Act. Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak , 2012 U.S. LEXIS 4659 (U.S. June 18, 2012) [ enhanced version available to lexis.com subscribers ] reverses decades...

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...