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Venue rule does not automatically apply to confessed judgments in Pennsylvania

On August 28, 2013 by Schnader in Finance

By Stephen J. Shapiro In Midwest Financial Acceptance Corporation v. Lopez, the Superior Court of Pennsylvania held that the venue provisions in the Pennsylvania Rules of Civil Procedure do not automatically apply to confessed judgment proceedings. In so holding, the Court resolved a split of authority among Pennsylvania’s trial courts. In […]

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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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