In the recent era of difficulty in some sectors of the commercial real estate market, lending institutions and borrowers are faced with difficult litigation decisions with respect to foreclosure and deficiency actions. With defaulting commercial real estate loans secured by property which cannot be sold or can be sold only at substantial discounts, lenders are…

Real estate developers and construction contractors in New Jersey have long faced significant risks with respect to personal liability arising out of their companies’ work. The New Jersey Supreme Court in Allen v. V & A Bros., Inc. recently confirmed that personal liability under New Jersey’s Consumer Fraud Act (“CFA”) for the principals and certain…

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