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. The article provides an analysis of a recent opinion by Bergen County Superior Court Judge Edward A. Jerejian interpreting application of the 6-year statute of limitations to acceleration of a loan through the filing of a foreclosure complaint. As the article describes, in Deutsche Bank Nat'l Trust Co. v. Hochmeyer, the defendant-borrower argued that the filing of the foreclosure complaint and acceleration of the loan also accelerated the maturity date, thereby triggering application of the 6-year statute of limitations, rather than the 20-year statute of limitations ordinarily applied where a loan has not yet reached its maturity date. The court rejected defendant's argument, finding that the 6-year statute of limitations provision cited by defendant specifically referred to the date of last payment or maturity date set forth in the mortgage, and did not apply to defendant's loan which had a maturity date of June 1, 2036.
Day Pitney Partner Joy Harmon Sperling will present on a panel entitled "How to Navigate Debt Collection Restrictions, Manage Liquidity Challenges, and Reconcile Opposing Demands from Consumers and Investors as a Servicer," at the 27th American Conference Institute National Forum on Residential Mortgage Regulatory Enforcement and Litigation.
Day Pitney Alert
Day Pitney Advisory
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
On October 30, Andrew Ingalls spoke on a panel, "Emerging Federal Statute Developments and Strategies for Defending Against Innovative Borrower Claims," at the 26th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, presented by the American Conference Institute (ACI) and held in Dallas, TX.
Christina Livorsi was quoted in the Reuters Legal article, "NY high court revives foreclosure actions, clarifies law."
Day Pitney Press Release
Day Pitney Press Release
Firm Ranked Tier 1 Nationally for Energy Law and Trusts and Estates Law
Joy Harmon Sperling was featured in an article, "Rainmaker Q&A: Day Pitney's Joy Harmon Sperling," in Law360.
Stamford, Conn., August 24, 2015 - Day Pitney is pleased to announce that 68 attorneys have been selected for inclusion in the 2016 Best Lawyers in America. Best Lawyers ranks lawyers through peer-review surveys, and has been published annually since 1983.