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 […]
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 […]
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 […]