Pittsburgh Legal Back Talk

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

1410 Posts and Counting

CLT an AVVO Answers Top Contributor for 2014

I just received notice that I am once again a top contributor to AVVO, as was the case last year. Those contributions were in the form of questions answered through AVVO about real estate and landlord tenant law. I have been doing this almost since the beginning of AVVO. I am currently no. 58 in the all-time rankings for landlord tenant submissions.

The Last Bastion of Smoking is Collapsing — the Home.

No. 1,107 The Allegheny County Housing Authority recently announced that it is banning smoking inside the building at 5 public housing locations. As the New York Times and many other publications have observed, this is a national trend. Of course, some residents have expressed outrage and disbelief that the Constitution does not protect them from […]

Assessment Appeals: Look for Low Sales Prices that the Assessors Culled.

No. 898 Traditionally, assessors have culled sales prices that they think are too low to represent fair market value. In normal times, they may have been right. But not now. In the past four years, extreme low prices have been the market in many places — especially in lower priced areas.  But the trend extends […]

Lien Priority Under Mechanics Lien Law

No. 888 Under the Mechanics Lien statute before it was amended, construction lenders had to take special measures to prevent contractors from obtaining a lien priority by starting excavation before the mortgage was recorded.  The Mechanics Lien Law of 2006, which became effective on January 1, 2007 changed that — or did it? In Metro […]

Unexpected Consequences Department: Negative Home Equity is Boosting Prices.

Properties under water stay off the market. This deprives non-selling owners of comparable sales at true market value — lower than the mortgage in many cases. Short sales and sales by banks are often culled by assessors as not being representative of the market. Sometimes they are wrong — those low values ARE the market.

Reassessment Appeal Tip

No. 876 If the comparable sales listed by Assessment are fairly far away, search for lower comps close at hand. Start by looking at every property on the street where the subject property is located.  Then try cross streets.  This is tip is especially helpful when the comps are in a better neighborhood than the […]

And now, the Common Level Ratio for Allegheny County is . . .

No. 870 The Dog Days of Summer came early; Temperatures will be in the upper 90’s all week; and The annual Common Level Ratio computations from the State Tax Equalization Board have been announced. Allegheny County stands still at 1.17.  That means that there has been only a 17% increase in the median sales price […]

Supremes Dismiss Grant of Cert. on First American v. Edwards

No. 861   This case raised the question whether Article III of the Constitution permits Congress to authorize a statutory cause of action when the plaintiff has no damages.  Under the Real Estate Settlement Procedures Act, there is a prohibition against kickbacks, even when there are no damages. Here’s what the SCOTUS Blog had to […]

First American Financial Corp. v. Edwards — this US Supreme Court Decision, Due Next Week, Could Change How We Do Residential Real Estate.

No. 851 Everybody is waiting for the Supreme Court’s decision on Obamacare.  But there are other important cases before the United States Supreme Court. Among them is First American Financial Corp. v. Edwards, Docket No. 10-708. Scotusblog states the plain English issue of this case as follows: Whether lawsuits under the Real Estate Settlement Procedures […]

Fifth Third Bank and RESPA

The Post Gazette ran a story today (Saturday, April 7) on a new suit in the U. S. District Court that alleges violations of the Real Estate Settlement Procedures Act (RESPA). In essence, the plaintiffs allege that a subsidiary Fifth Third had a reinsurance contract with the company that provided mortgage insurance in two residential loans. The plaintiffs allege that, without disclosure, Fifth Third gave something of value (the reinsurance contract) to the mortgage insurer in exchange for the selection of the mortgage insurer in that transaction.

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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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