Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1410 Posts and Counting

Washington County PA Adopts Mortgage Foreclosure Diversion Program

Nevertheless, it is hard for PLBT to see how lenders will be motivated to do much more than wait out the 90 day moratorium without a mediator who has the power to hold their feet to the fire. Perhaps Southwestern Legal Services, who is administering the program, has some ideas on the subject. Southwestern told the O-R that it had discussed the subject with judges in Greene and Somerset Counties, who showed interest and that it hopes to introduce the program into Fayette County next year. PLBT will follow the diversion program in Washington and any other Pennsylvania Counties who adopt a similar program and report on developments.

Criminal Law: The Folly of Representing Yourself in Court.

Acting as your own lawyer in a criminal trial is like trying to play the piano in a public recital without lessons or practice. Yet criminal defendants do it and it inevitably seals their fate. Yes, there are probably exceptions that have occurred from time to time in the history of the world. But if there are, they are the kind of strange events that prove the rule.

Am I Required to Testify in a Deposition?

A deposition involves testimony under oath. The court reporter who transcribes the testimony is a notary public and will administer an oath. That means that false testimony at a deposition could be subject to penalties for perjury, just as though it was given in court.

Allegheny County Base Year Assessment System Lacks Uniformity.

There has already been a great deal of ink spilled, with more in the coming days, analyzing and criticizing this decision. If the past is an indicator, most will be erroneous.

“Eat Cheese or Die!”: Clever, but Does It Infringe?

In the name of tourism, states, cities and other “destinations” are always trying to figure out new slogans. The problem is: there are a lot of them in use out there. Too many.

Landlord & Tenant: Suing for the Security Deposit.

How do you know you will win if you claim the money withheld in court? You don’t.

Commercial Lending: When Can the Bank Accelerate the Balance Due?

A commercial loan borrower from Pittsburgh emailed AVVO Answers stating that he/she is 2 months delinquent and has received a notice stating that the loan must be paid in full within 30 days. Can they do this?

Pittsburgh Legal Newslog: Swine Flu and Emergency Powers of the Government.

The current emergency may well move the Uniform Act to the front burner in many state legislatures, including Pennsylvania.

Mortgage Foreclosure: The MERS factor.

But what is a “nominee” under the law? MERS doesn’t own the mortgage. It was simply named, for convenience, in place of the true owner. So then, why is MERS so often the named Plaintiff in mortgage foreclosures?

Landlord & Tenant: AVVO Answer on Terminating the Lease Due to Mice.

In a large apartment building, you can be extremely careful and never get rid of vermin. The feeding ground may be somewhere in the building out of your control. Don’t let the landlord blame you the tenant if you know you are not creating the problem. Still, if you wish to terminate the lease, be prepared to fight about it in court if the landlord sues you for back rent. This may involve more than a trip to the Magistrate. The loser has the right to appeal to arbitration and even to court. Whether you wish to undertake this risk may depend upon whether the lease states that you must pay the landlord’s attorney’s fees if you lose.

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Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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