May 19, 2015 | The Legal Intelligencer
Bank Fails to Adhere to Condition Precedent in Loan DocumentsOne of the most oppressive tools available to commercial lenders is what is called a warrant of attorney. Most commercial loan documents contain a provision known as a warrant of attorney, which allows such lenders the ability to enter a judgment of record against their borrowers and guarantors, as the case may be, by simply filing a complaint alleging a default under the loan documents and then demanding a confessed judgment of an amount certain.
By Alan Nochumson
7 minute read
May 18, 2015 | The Legal Intelligencer
Bank Fails to Adhere to Condition Precedent in Loan DocumentsOne of the most oppressive tools available to commercial lenders is what is called a warrant of attorney. Most commercial loan documents contain a provision known as a warrant of attorney, which allows such lenders the ability to enter a judgment of record against their borrowers and guarantors, as the case may be, by simply filing a complaint alleging a default under the loan documents and then demanding a confessed judgment of an amount certain.
By Alan Nochumson
7 minute read
April 21, 2015 | The Legal Intelligencer
Court Refuses to Allow Bank to Redeem Mortgaged PropertyBy Alan Nochumson
8 minute read
April 20, 2015 | The Legal Intelligencer
Court Refuses to Allow Bank to Redeem Mortgaged PropertyLast month, the Commonwealth Court in Brentwood Borough School District v. HSBC Bank USA, (2015 Pa. Commw. LEXIS 118 (March 24, 2015), handed down yet…
By Alan Nochumson
8 minute read
March 17, 2015 | The Legal Intelligencer
Court Refuses to Hold Sidewalk Defects Not Trivial or De MinimisA cold and snowy winter has wreaked havoc on many sidewalks throughout our region. Soon, many of these sidewalks will experience shifting and cracking this harsh winter season, creating a potential hazard for pedestrians as a consequence thereof.
By Alan Nochumson
8 minute read
March 16, 2015 | The Legal Intelligencer
Court Refuses to Hold Sidewalk Defects Not Trivial or De MinimisA cold and snowy winter has wreaked havoc on many sidewalks throughout our region. Soon, many of these sidewalks will experience shifting and cracking this harsh winter season, creating a potential hazard for pedestrians as a consequence thereof.
By Alan Nochumson
8 minute read
December 16, 2014 | The Legal Intelligencer
Additional Protections Under Amended Landlord and Tenant ActLast month, I discussed how a trial court judge in Allegheny County in Brown v. Premier Properties, 2014 Pa. Dist. & Cnty. Dec. LEXIS 64 (March 6, 2014), highlighted the obligations of a landlord under the common law and under the Landlord and Tenant Act of 1951 to allow a tenant to retrieve her personal belongings after the tenant loses possession of the leased premises by way of eviction proceedings. What I failed to mention last month is that, beginning Dec. 22, that portion of the Landlord and Tenant Act of 1951 will treat abandoned personal property radically differently and will afford additional protections to a tenant when his or her landlord fails to adhere to these statutory mandates regarding the tenant's personal belongings.
By Alan Nochumson
6 minute read
November 18, 2014 | The Legal Intelligencer
Landlord Didn't Properly Dispose of Tenant's Personal BelongingsEarlier this year, in Brown v. Premier Properties, 2014 Pa. Dist. & Cnty. Dec. LEXIS 64 (March 6, 2014), a trial court judge in Allegheny County highlighted the obligations of a landlord under the common law and now under the Landlord and Tenant Act of 1951 to allow a tenant to retrieve her personal belongings after the tenant loses possession of the leased premises by way of eviction proceedings.
By Alan Nochumson
7 minute read
October 21, 2014 | The Legal Intelligencer
Subsequent Purchasers of New Home Cannot Sue BuilderThis situation is all too common in my practice—individuals purchase a home and, afterward, they discover defects with the home that were not disclosed or discovered during the home-purchasing process. The new homeowners have many potential avenues to seek legal redress: their seller, their real estate agent and that of the seller, and their home inspector.
By Alan Nochumson
8 minute read
September 16, 2014 | The Legal Intelligencer
Out-of-Possession Landlord Not Liable for Guest's InjuryEarlier this year, in Hymes v. Great Lakes Warehouse, 2014 U.S. Dist. LEXIS 34064 (March 17, 2014), U.S. District Judge Petrese B. Tucker of the Eastern District of Pennsylvania explained why it is so difficult for a third party to obtain damages against an out-of-possession landlord due to injuries sustained by the third party on the leased property.
By Alan Nochumson
8 minute read
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