Pennsylvania courts have recently handed down several important decisions in the realm of real estate law that provide context for future cases.

  • The Superior Court affirms that retroactive application of statutory provisions is prohibited where such application would create new substantive rights.

In Johnson v. Phelan Hallinan & Schmieg, 2018 PA Super 141 (2018), the Pennsylvania Superior Court held that the 2008 amendment to Act 6’s definition of “residential mortgage” could not be retroactively applied. On May 23, 2002, Ed Ella and Eric Johnson gave a mortgage secured by property in Pittsburgh. In connection with the mortgage, the Johnsons signed a promissory note, under which they defaulted in 2009. The lender commenced a foreclosure action against the Johnsons, and the trial court entered judgment for the lender.

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