In recent months, the Pennsylvania Superior Court issued three important decisions regarding the rights of property owners and lenders in mortgage foreclosure proceedings. The court’s decisions touch on several key areas, such as the true definition of a property owner, the rights of lenders seeking to foreclose on a mortgage endorsed in blank and the need for evidence when imposing an equitable lien against a common party’s interest in a property.
Ownership Rights
In U.S. Bank National Association as Trustee v. Watters, 2017 Pa. Super. 110 (2017), the court concluded that a nontitled spouse does not have to be named as a defendant in a mortgage foreclosure proceeding. Bryan J. Watters and Diane Watters were a married couple who purchased a home in Erie County. Due to Diane Watters’ poor credit rating, title to the property was placed solely in Bryan Watters’ name. Bryan Watters assigned a mortgage to the property through American Home Mortgage, which was later assigned to U.S. Bank National Association. On April 16, 2013, Bryan Watters filed for divorce, and moved out of the property, while his ex-wife continued to reside there.
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