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13 Jan 2023, 2:44 pm by Law Lady
Arbitration -- Torts -- Residential communities -- Arbitration clause in home purchase and sale agreement and identical clause in deed encompassed purchaser/property owner's claim against developer for personal injuries sustained while riding his bicycle on roadway within residential community where clauses expressly and unambiguously included claims relating to personal injury or property damages “in the community” within the disputes to be submitted to arbitration. [read post]
Bank of America, N.A. in which it argues that a prepaid card loaded with pandemic-related unemployment benefits is a “prepaid account” subject to Regulation E, including its error resolution requirements ... [read post]
19 Dec 2022, 5:51 am by Andrew Lavoott Bluestone
“A defendant who has failed to timely answer a complaint and who seeks leave to file a late answer must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action” (Bank of Am., N.A. v Viener, 172 AD3d 795, 796; see Jacobson v Val, 206 AD3d 803, 804). [read post]
21 Nov 2022, 5:22 am by Andrew Lavoott Bluestone
Baquerizo v Monasterio, 90 AD3d at 587), the complaint sufficiently alleges that the challenged disbursement was not made in good faith or was the result of the Lau defendants’ gross negligence, and the documentary evidence did not conclusively defeat those allegations (see Elbayoumi v TD Bank, N.A., 185 AD3d 786, 789; Lenoci v Secure Alarm Installations, LLC, 97 AD3d 800, 801). [read post]
31 Oct 2022, 6:25 am by Unreported Opinions
In 2019, the property was sold at a public auction to Bank of America, N.A. [read post]
28 Oct 2022, 2:21 pm by Dennis Crouch
  BMO Harris Bank, N.A. v. [read post]
21 Oct 2022, 12:22 pm by Jake Abdo
Opposers filed a motion to substitute Paisley Park Enterprises, LLC (“Paisley Park”) for Comerica Bank & Trust, N.A. [read post]
13 Oct 2022, 12:27 pm by Daniel Miller
Court of Appeals for the Second Circuit recently held that: (1) New York’s interest-on-escrow law is preempted by the National Bank Act of 1864 under the “ordinary legal principles of pre-emption,” Barnett Bank of Marion Cnty., N.A. v. [read post]
22 Sep 2022, 11:08 am by Chip Merlin
As I said in my e-mail of September 22, 2020, I have been retained to represent Academy Bank, N.A., in the above claim. [read post]
Credit One Bank, N.A.; Credit One Financial; Sherman Financial Group, LLC (9th Circuit Court of Appeals, 5/6/22). [read post]
10 Aug 2022, 7:19 am by Unreported Opinions
Real property — Foreclosure sale — Extinguishing of debt On November 14, 2002, Chander and Ashima Kant borrowed $115,000 from Wells Fargo Bank, N.A. [read post]
5 Aug 2022, 8:59 am
Today's advance release foreclosure law opinion: CIT Bank, N.A. v. [read post]