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."
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