New York Law Journal: Realty Law Digest

February 11, 2015

In his weekly Realty Law Digest column (subscription required), Scott Mollen analyzes two notable cases. In US Bank Natl. Assoc. v. Williams, the NY Appellate Division addresses remedies for a lenders’ failure to act in good faith during foreclosure settlement conferences. In Green Tree Servicing v. Christodoulakis, a borrower used proceeds from an unrecorded mortgage to satisfy recorded mortgages. The court held that unjust enrichment does not require a finding of wrongdoing and that a party may not “retain payments mistakenly made by another, to which it is not entitled.”