Pittsburgh Legal Back Talk

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

1644 Posts and Counting

Mortgage Foreclosure: Act 6 Provision Changing Definition of Residential Mortgage May Not Be Applied to Mortgages Created Before the Effective Date of the Amendment, Even Though Foreclosure Action was Initiated After Amendment.

No. 1,588 JOHNSON v. PHELAN HALLINAN & SCHMEIG, 2018 Pa. Super. 141 (2018). Om May 23, 2002, EdElla and Eric Johnson executed a mortgage secured by their residence in the amount of $74,000.00. After a 2008 default, a complaint in mortgage foreclosure was filed against the Johnsons in behalf of the mortgage lender by the […]

Banks assessed Two Hundred Forty Three Billion in fines since the financial crisis.

No. 1,426 Bank of American came in first, followed by JP Morgan.  DS News, an online newsletter for the mortgage servicing industry, reports the tally.

Unfair Trade Practices Consumer Protection Law Can Be a Game Changer.

It is a good idea to consult a lawyer about the applicability of such a consumer protection statute to your case.  There are some complexities that may need to be addressed and the defendant may have certain defenses that can turn the case around. Using such a provision effectively requires knowledge and experience.

Issue of constitutionality of CFPB is heading to the Supreme Court.

No. 1,409 The DC Circuit Court of Appeals reversed the District Court ruling that the Consumer Financial Protection Bureau was unconstitutional because it had been created with a single director who could not be replaced by the President, except for cause.  There will almost certainly be a Petition for Review filed with the Supreme Court. […]

Challenge to CFPB Constitutionality to be Reconsidered by Court en Banc

No. 1,326 As had been expected for some time, the challenge to the constitutionality of the Consumer Financial Protection Bureau will be reconsidered by the full court of the DC Circuit Court of Appeals in a suit brought by mortgage lender PHH.  A panel of the Court had ruled that the agency, as constituted with […]

Rental Properties in Pennsylvania are Required to Have Operating Carbon Monoxide Detectors

No. 1,260   Carbon Monoxide Alarm Standards Act 35 P.S. § 7221 – 7227 (Current through 12/18/2013) (When referring to section numbers, use the last digit of each section. For example, 25 P.S. §7222 might be referred to as Section 2 of the Act) TABLE OF CONTENTS Short title Definitions Administration Carbon monoxide alarm requirements […]

Hiccoughing on HICPA — the statute a contractor can ignore and collect anyway


Texting to 911 is coming soon.

No. 1,249 Read the article in the Gadgeteer.  The FCC is enabling cell phone carriers to set up texting to 911.  Very useful if you can’t talk for any reason, from handicap to kidnapping.

Empowerment and Electronic Closings.

The Consumer Finance Protection Bureau has produced a study that suggests participants in electronic closings are better informed and feel more empowered than others who had traditional paper closings. How do they know this? They gave the participants questionnaires. The electronic participants scored higher on knowledge and expressed a higher level of satisfaction, which included feeling empowered.

Attack Upon CFPB Continues in the Courts. Do We really Want No Consumer Protection in the Financial Arena?

No. 1,192 The attack against the Consumer Finance Protection Bureau continues, as the DC Circuit rules that a Texas bank has standing to challenge its creation in the Dodd Frank Act as an unconstitutional delegation of powers to the executive branch. Before Dodd Frank, consumer protection in the banking realm was the responsibility of bank […]

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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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