We can help you determine whether you are a candidate for an assessment appeal to reduce your real estate taxes.
By: John K. Fiorillo It’s that time of year again. The deadline for appealing tax assessments in Montgomery, Delaware, Chester and Bucks Counties is August 1, 2016. Any reduction is effective January 1, 2017. The deadline for Philadelphia is the first Monday of October. Your real estate taxes support your local school district, county …
Direct Relation Test Challenged in PA Supreme Court – Why Disclosure for Confession is Essential
By: Kristen Wetzel Ladd A recent case challenging the denial of a petition to open a confessed judgment has been granted appeal by the Pennsylvania Supreme Court. The case of Graystone Bank v. Grove Estates, 58 A.3d 1277, 2012 PA Super 274 (2012) has been appealed to determine the validity of the warrant of …
Recent Pennsylvania Case Highlights Importance of Re-Stating Warrants of Attorney in Modification Documents
The recent Pennsylvania case The Bancorp Bank v. Mancini highlights the importance of re-stating warrants of attorney in modification documents involving Pennsylvania commercial loans.
Execution on a Confessed Judgment Against Personal Property
By: Kristen Wetzel Ladd Pennsylvania law provides for two alternative methods of execution on a confessed judgment against personal property.[1] After judgment has been confessed and the creditor wants to proceed with execution, the creditor must decide whether to proceed with the 30 day notice procedure under Pennsylvania Rule 2958.1 or proceed with …
What You Need To Know About The Recent Changes To The Rules of Civil Procedure Governing E-mail and Other Forms of Electronic Discovery
It was not so long ago that courts would not allow a litigant to access another litigant’s computer drives unless some sort of good cause – a likelihood of document destruction or tampering – was first shown. The ever-increasing use of computers and e-mail forced courts to re-examine this requirement. As a result, in 2010, …
PHFA Model Notice – No Safe Harbor – The Extensive Implications of Beneficial Consumer Discount Co. v. Vukmam
By: Kristen Wetzel Ladd The Pennsylvania Superior Court issued a recent decision which may impact many pending mortgage foreclosure actions and cause lenders to look more closely at notices that are sent. The case involved the question of whether the Act 91 Notice (required under 35 P.S. § 1680.403c) sent by Beneficial to a mortgagor …
Action Under Note vs. Mortgage Foreclosure
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The Utility of Confessed Judgments
By: Kristen Wetzel Ladd Pennsylvania is one of the few states that allows judgment to be entered by confession in connection with a commercial credit transaction. Obtaining judgment by confession is desirable for a creditor in that it is usually easier, faster, and less costly than acquiring judgment through normal litigation procedures. …
Recent Changes in Pennsylvania Powers of Attorney “POA’s”
Powers of Attorney (“POA’s”) are authorized under Pennsylvania law and are integral to many types of transactions. The Pennsylvania Supreme Court’s relatively recent decision in Vine v. Commonwealth of Pennsylvania[1], however, has injected uncertainty into the immunity afforded when a third party acts in good faith reliance upon a POA. Section 5608(b) of …
Acquiring Judgment Liens in Pennsylvania and Enforcement of Judgments
As the holder of an unsecured debt (that is, a debt which is not secured by a mortgage on real estate or a security interest in personal property), how does a creditor proceed with collecting its debt in the event that its borrower ceases payment? The first step is...