Pittsburgh Legal Back Talk

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

1410 Posts and Counting

MORTGAGE FORECLOSURE: Cares Act creates gigantic opportunity for borrows under federally-backed and owned mortgages.

No. 1,643 The National Law Review reports that the Cares Act, which contained a variety of relief measures for persons suffering from COVID-19 shutdown, contains provisions permitting borrowers under federally backed mortgages to request relief from their mortgage servicer.   Borrowers should contact their servicer to determine whether their mortgage is qualified.  Forbearance shall be granted […]

Pennsylvania Enacts Fast-track Foreclosure For Vacant and Abandoned Properties.

No. 1,599 The Governor has signed legislation that expedites the foreclosure of vacant and abandoned property, to become effective in 120 days.  The statute, known as HB 653 of 2018, establishes procedures that enable a creditor to request the municipal code officer or the court to certify that a property is vacant and/or abandoned, accelerating […]

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 […]

Udren Law Firm Disappears

No. 1,564 If you have dealings with the Udren Law Firm, headquartered in Short Hills, New Jersey, you may have a problem.  The phones are disconnected and communications directed to the firm’s email address bounce back.  They just aren’t there anymore. This firm used to handle a large volume of mortgage foreclosures and related matters […]

Federal “Protecting Tenants at Foreclosure Act” is Back

However, this law has been reenacted in SB 2155, the Economic Growth, Regulatory Relief and Consumer Protection Act, which was signed by the President earlier this week. The law requires a ninety-day notification to vacate by the new owner to the hold-over tenant under a bonfire lease. Loan servicing industry publication D S News , which has followed the progress of SB2155, seemed surprised to discover that this re-enactment had occurred.  From the lender’s point of view, this lengthens the time required to obtain possession of the collateral.  From the tenant’s point of view, until the sheriff’s hammer falls, the lease term may not have ended and it may not be safe to simply leave.

Is a new Act 6 or Act 91 Notice required when a second mortgage foreclosure is commenced?

No. 1,439 This issue was addressed in Wells Fargo Bank v. Spivak, 104 A.3d, 7 (2014) where there had been a voluntary discontinuance followed by the filing of a new case, without re-sending of the Act 6 Notice. The Superior Court apparently distinguished the facts in Spivak in a non-precidential decision in J. C. Morgan […]

Use “Clearboard”, not Plywood to Board Up a Vacant House.

There is a growing trend among mortgage loan servicers who own vacant residential real estate through foreclosure to use a relatively new product called “Clearboard.”

Confession of Judgment and Political Advertising

No. 1,289 The TV advertising on both sides of the Pennsylvania Senatorial race has been an abomination of untruth, half truth and true but irrelevant statements.  So perhaps one more wrong allegation doesn’t matter very much. In fact, some of the claims are so outrageous, that even a child could see through them. Nevertheless,  the […]

From the Archives: Philadelphia’s Mortgage Foreclosure Diversion Program — July 2008.

No. 1,200 In order to celebrate Post No. 1,200, I am reprinting one of the first posts I wrote in this blog, dated July 21, 2008. At the time, the effects of the mortgage bubble collapse were being felt, including in Pittsburgh.  Hundreds of mortgage foreclosure actions were being filed followed by default judgments in […]

Mortgage Foreclosure: Vukman Update

No. 1,151 BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA v. PAMELA A. VUKMAN, NO. 355 WDA 2014 Another chapter in the continuing saga of Pamela Vukman and Beneficial Consumer Discount Company appeared in the decisions of the Superior Court on April 6, 2015. The prior Vukman decision in the Superior Court was […]

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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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