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By Bruce J. Bergman | January 2, 2024
"It is remarkable that nuances attendant to acceleration of a mortgage debt and the running of the statute of limitations continue to arise and surprise." The recent case discussed here confirms how often foreclosing parties lose on the statute of limitations issue, calling into question the need for the remedies of FAPA.
4 minute read
By Chris O'Malley | December 13, 2023
Scott Stengel is taking the legal reins of Truist, a Charlotte-based bank formed through the $66 billion merger of BB&T and SunTrust.
3 minute read
By Chris O'Malley | December 13, 2023
Scott Stengel is taking the legal reins of Truist, a Charlotte-based bank formed through the $66 billion merger of BB&T and SunTrust.
3 minute read
By Riley Brennan | December 8, 2023
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be the first to know about new suits in your region, practice area or client sector.
4 minute read
By Brian Lee | December 7, 2023
The plea for partnership comes in light of many big banks regularly refusing to provide requested documents or testimony that the AGs say would shed light on banking practices.
3 minute read
By Patrick Smith | December 7, 2023
Sullivan & Cromwell's generalist approach to financial services litigation lets the firm solve any crisis that comes a client's way.
4 minute read
By Alan Kolod and Eric Marcus | December 6, 2023
Alan Kolod and Eric Marcus, members of the subcommittee of the NYC Bar Association committee that helped prepare the New York version of the 2022 UCC Amendments, share their views on the importance of New York enacting the new proposed amendments to the Uniform Commercial Code.
8 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 Marianna Wharry | November 29, 2023
This complaint was first surfaced by Law.com Radar.
2 minute read
By Jason C. Bergman | November 17, 2023
Jason Bergman advises parties on how the failure to specifically identify an encumbrance that is senior to the foreclosed mortgage can be fatal to the foreclosure sale.
5 minute read
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