Mortgage • Equitable Lien • Intent of the Parties • Admissions
U.S. Bank Nat’l Ass’n v. Finkel, PICS Case No. 17-0896 (Pa. Super. May 23, 2017) Bowes, J. (19 pages).
Trial court erred in granting partial summary judgment on an equitable lien claim in favor of bank, in action based on purchase of home by two parties only one of whom was obligated on the mortgage, because the trial court improperly dismissed or resolved genuine issue of material fact relating to the parties’ intent relating to the mortgage and the meaning of appellants’ responses to requests for admissions. Vacated.
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