Searching Content indexed under Litigation, Mediation & Arbitration by Joy Harmon Sperling ordered by Published Date Descending.
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Lender Filing Foreclosure Complaint Does Not Trigger Statute Of Limitations
Joy Harmon Sperling and Karen Wilson-Robinson authored an article, "Lender Filing Foreclosure Complaint Does Not Trigger Statute of Limitations," for the New Jersey Law Journal.
United States
6 Mar 2017
New Jersey Appellate Holds Bank Has Standing To Foreclose Even If Allonge To Note Was Not Affixed When Executed
Joy Harmon Sperling and Sarah Sakson Langstedt wrote an article, "New Jersey Appellate Holds Bank Has Standing to Foreclose Even If Allonge to Note Was Not Affixed When Executed," for Pratt's Journal of Bankruptcy Law.
United States
22 Dec 2015
A Creditor May Be Held Liable Under the FDCPA Even If It Hires A Third Party to Collect on the Debt
In a significant decision issued on November 13, the United States Court of Appeals for the Second Circuit held that a creditor may be found liable under the Fair Debt Collection Practices Act (the FDCPA) even when that creditor hires a third party to collect on its debts. Vincent v. The Money Store, ___ F.3d ___, No. 11-4525-cv (2d Cir. 2013).
United States
16 Nov 2013
Supreme Court Decision May Reduce Debtor Claims Brought Under The FDCPA
Yesterday, the U.S. Supreme Court issued an opinion that may reduce the number of claims brought by debtors under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq., or at least cause plaintiffs' counsel to think twice about bringing such claims.
United States
28 Feb 2013
Third Circuit Holds "Later-Served" Rule Applies To Removal In Multiple Defendant Cases
a recent decision, Delalla v. Hanover Ins., Nos. 10-3933 & 11-1532, 2011 U.S. App. LEXIS 20651 (3d Cir. Oct. 12, 2011), the 3d U.S. Circuit Court of Appeals determined that, under 28 U.S.C. § 1446(b), each defendant in a multiple defendant case has a 30-day period within which to remove to federal court a lawsuit filed in state court.
United States
27 Oct 2011
New Jersey Supreme Court Clarifies The Standard For Principals' Individual Liability For Corporate Regulatory Violations
On July 7, 2011, in "Allen v. V and A Bros., Inc." (A-30-10)(066568), the New Jersey Supreme Court affirmed, modified in part, and reversed a June 23, 2010, decision by the Appellate Division.
United States
27 Jul 2011
New Jersey Court Analyzes Counterclaim Waiver Provision in Commercial Loan Documents
In a recent decision, the New Jersey Superior Court, Appellate Division, analyzed the enforceability of a counterclaim waiver provision contained in commercial loan documents.
United States
1 Mar 2011
New Jersey Court Rules That Lost Note Does Not Preclude Foreclosure
In contrast to other recent well-publicized decisions, a New Jersey state court has held that, in order to seek foreclosure of a mortgage that has been securitized, a lender need not demonstrate actual physical possession of the note memorializing the underlying debt.
United States
24 Jan 2011
New Jersey Consumer Fraud Act: Principals Can Be Held Personally Liable for Company's Regulatory Violations
On June 23, 2010, the New Jersey Appellate Division reiterated the long-established concept that principals of a company who personally participate in the violation of a regulation can be held individually liable for the regulatory violations of their company under the New Jersey Consumer Fraud Act (the "Consumer Fraud Act") even without a showing of knowledge about the alleged unlawful practice.
United States
13 Jul 2010
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