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Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

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On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

A&O Shearman

Recital to intercreditor agreement means creditor is contractually estopped from challenging security

A&O Shearman on

An intercreditor agreement provided that neither creditor would challenge the “validity” of the other’s security. The term “validity” was interpreted broadly to prevent a challenge to the general effectiveness of the...more

A&O Shearman

Recitals give rise to contractual estoppel

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The High Court has held that the recitals to an intercreditor agreement estopped a party from challenging the validity of the other lender’s security....more

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