Does a lender have the right to foreclose its mortgage if a payoff of such mortgage is made by wire transfer, but the payment does not make it to the lender’s account? A recent case heard on appeal by the New York Supreme Court Appellate Division, Second Department explored this issue, specifically looking to the language of Article 4-A of the Uniform Commercial Code, which governs “funds transfer” or what we commonly refer to as a “wire transfer” to issue its ruling.
The Building Safety Act 2022 ushered in a comprehensive and rigorous building safety regime, particularly affecting certain residential buildings classified as “higher-risk buildings”.
In our previous article titled “Building Safety Act 2022: What Lenders Need to Know”, we discussed some of the new additional responsibilities, liabilities, and considerations that lenders may need to face to ensure compliance with the new legislation. In this article, we look at some of the new obligations imposed by the Act on property owners and landlords.
Here is a rundown of some of Cadwalader’s recent work on behalf of clients.