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31 May 2024, 1:06 pm
Bank of America, N.A., and remanded it back to the Second Circuit and instructed the appellate court to analyze whether New York’s law requiring interest to be paid on mortgage escrow accounts is preempted under the Dodd-Frank Act by applying the Barnett Bank standard.... [read post]
27 May 2024, 4:00 am
Bank N.A. v. [read post]
22 May 2024, 4:03 am
Bank of America, N.A. subsequently acquired Countrywide Bank, N.A. [read post]
13 May 2024, 4:50 am
In New York, there’s a statute for that. [read post]
12 May 2024, 9:01 pm
OCC’s Letter on Uniform Federal Banking Standards On November 9, 2023, the General Counsel of the Office of the Comptroller of the Currency (the “OCC”) issued a letter to the CEOs of all national banks and federal savings associations (“FSAs”) addressing uniform federal banking standards.[13] In the letter, the OCC explains that it is aware that some states have passed laws or taken other actions that “purport to… [read post]
29 Apr 2024, 11:00 pm
A motion by the defendant under this subdivision does not constitute an appearance in the action.Given the lender’s failure to provide “sufficient cause for the delay,” the AD1 thought that the requested relief should have been granted, and the action dismissed.That sure foreclosed that ….# # #DECISIONWells Fargo Bank, N.A. v G. [read post]
28 Feb 2024, 7:48 am
MUFG Union Bank, N.A. [read post]
20 Feb 2024, 12:40 pm
Bank Trust, N.A. v Gedeon, 181 AD3d 745, 747; Matter of Blango, 166 AD3d 767, 768; Kraker v Roll, 100 AD2d 424, 429). [read post]
12 Feb 2024, 6:07 am
The new complaint, a copy of which can be found here, arguably represents a new direction in ERISA liability litigation, perhaps the next big thing after all of the ERISA excess fee litigation. [read post]
5 Feb 2024, 4:32 am
Bank N.A. v Doura, 204 AD3d 721, 723). [read post]
16 Jan 2024, 3:39 am
Inspired or not by Stile, a more recent non-dissolution oppression claim popped up in Darwish Auto Group, LLC v TD Bank, N.A. in the context of a motion seeking preliminary injunctive relief. [read post]
10 Jan 2024, 7:00 am
Citizens Bank, N.A., Civil Action No. 1:19-cv-00362) in U.S. [read post]
8 Jan 2024, 4:55 am
As we’ve written previously, insofar as the New York corporation and LLC judicial dissolution statutes provide for venue in the “Supreme Court,” and the Matrimonial Division (where marital dissolution cases are venued) is a branch of the Supreme Court, it seems likely that New York’s divorce courts could exercise jurisdiction, in a proper case, to judicially dissolve a New York entity co-owned by two divorcing New… [read post]
14 Nov 2023, 6:18 am
HSBC Bank USA, N.A., No. 20-CV-01551, 2023 U.S. [read post]
24 Oct 2023, 6:41 am
Bank of America, N.A., involving National Bank Act (NBA) preemption of New York’s law requiring that interest be paid to consumers on mortgage escrow account funds. [read post]
18 Oct 2023, 9:00 am
Mellon, N.A. [read post]
11 Oct 2023, 11:17 am
Kivett, and the New York state law in Cantero v. [read post]
15 Sep 2023, 6:08 am
” Wells Fargo Bank, N.A, v Osias, supra at 981 (internal quotation marks omitted). [read post]
28 Aug 2023, 4:59 am
New York County Surrogate Rita Mella tackles both of these questions in Matter of McKelvey (2023 NY Slip Op 32680(U) [Sur Ct, NY County Aug. 3, 2023]). [read post]
6 Aug 2023, 5:40 am
It remitted the matter to the Family Court for a new hearing and determination. [read post]