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PA Supreme Court Addresses Recovery of Costs and Fees Under Act 6

On June 19, 2018 by Schnader in Finance

By Stephen J. Shapiro Under a Pennsylvania statute commonly referred to as “Act 6,” a lender must give a residential borrower at least thirty days’ notice before it may commence foreclosure proceedings. If a lender violates Act 6 and the borrower brings and “prevails in an action arising under” Act […]

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Deficient Act 91 notices do not divest Pennsylvania courts of subject matter jurisdiction to hear mortgage foreclosure actions

On September 30, 2013 by Schnader in Finance

By Stephen J. Shapiro Pennsylvania’s Homeowner’s Emergency Mortgage Act (Act 91) requires a mortgagee that intends to foreclose on a residential mortgage to send a notice advising the delinquent homeowner that he has “thirty (30) days to have a face-to-face meeting with the mortgagee who sent the notice or a consumer […]

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FIRREA Does Not Deprive Courts of Jurisdiction to Rule on Affirmative Defenses to Foreclosure Actions, Holds Pennsylvania’s Superior Court

On August 12, 2013 by Schnader in Finance

By Stephen J. Shapiro The Superior Court of Pennsylvania held last week that federal law does not prevent courts from considering affirmative defenses to foreclosure actions brought by mortgage holders that have acquired the assets of financial institutions placed into receivership. In Sass v. AmTrust Bank, a homeowner refinanced her mortgage […]

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