On May 20, the Pennsylvania Superior Court handed down an important decision concerning mortgage foreclosures. The court was tasked with determining whether a lender may pursue a second foreclosure where its first action was dismissed due to a procedural defect. As the court was cautious about extending the holding too broadly, a review of the facts in U.S. National Bank v. Davis, No. 614 EDA 2019, is necessary.

On July 31, 2006, mortgagor (the appellee; hereinafter Davis or borrower) borrowed $494,100, secured by a mortgage. As of March 1, 2013, Davis made no further payments on the loan; the mortgage was assigned on May 8, 2013. On Oct. 2, 2013, appellant U.S. National Bank (hereinafter the bank) filed its complaint in mortgage foreclosure. At trial in 2015, the bank presented evidence of default on the merits; however, the trial court refused to address the merits because the bank failed to prove that it complied with the Act 91 notice requirements pursuant to 35 P.S. Section 180.401c, et seq. The bank timely appealed the entry of the nonsuit and then withdrew the appeal.

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