• Dirauf v. Berger

    Publication Date: 2022-12-29
    Practice Area: Real Estate
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1044

    Defendants appealed the district court's remand order.

  • Magar Restoration LLC v. Velardi

    Publication Date: 2022-12-26
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Commonwealth Court, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 CV 1189

    The court found for plaintiff in an ejectment action seeking to eject a defendant who had defaulted on her mortgage nearly 12 years ago and had forfeited the property to plaintiff during a sheriff's sale. Moreover, although defendant filed numerous frivolous filings, the court dismissed the arguments and further granted the plaintiff's request for sanctions.

  • Thompson v. Kim

    Publication Date: 2022-12-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2017-03442

    While defendant's proposed remedy for the abatement of water flow from his property to plaintiffs' property was arguably inadequate to abate excess water runoff, it was more closely tailored to the extent of the actionable conduct than plaintiffs' suggestion, which went beyond the modification necessary to address the impact of the conduct at issue. The court recommended affirmance.

  • Murray v. Applegate

    Publication Date: 2022-12-12
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2020-02103-40

    The court found for plaintiff landowner who sought to eject previous owners who failed to vacate the property following a foreclosure action and judgment. The court was persuaded by the fact that plaintiff established a clear chain of title and further dismissed defendants' arguments of fraud as barred by the doctrine of collateral estoppel.

  • Residential Capital Partners Secured Loan Fund VIII LLC v. CTS3, LLC

    Publication Date: 2022-12-12
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McHugh
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2019-05638

    Defendant failed to cite any authority for, or persuade the court of, the proposition that its filing of a last-minute temporary restraining order precluded the sheriff from continuing with a scheduled sale of a foreclosed property, as the filing was clearly an attempt to once again postpone the sale. The trial court recommended affirmance.

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • In the Matter of the Proceedings by the Redevelopment Auth. of the City of Erie

    Publication Date: 2022-12-12
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1453 C.D. 2021

    Trial court properly overruled landowner's preliminary objection to the declaration of taking filed by redevelopment authority because evidence supported trial court's finding that landowner was served with the notice of blight and had actual notice by at least 2018 and landowner did not establish authority acted in bad faith. Affirmed.

  • Bertino v. Tax Claim Bureau of Bucks County

    Publication Date: 2022-12-05
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Corr
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2019-02119

    Court denied petition to set aside a sheriff's tax sale finding that the Tax Claim Bureau properly noticed petitioner under 75 P.S. §5860.602 by sending notice by United States registered mail, posting a notice of sale on each of the properties and publishing notice of the tax upset sale in the local newspaper.

  • Foster v. Nuffer

    Publication Date: 2022-12-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2017 EDA 2021

    Second trial judge could grant a previously-denied motion to confirm arbitration award where internal appellate process had been closed and the arbitration panel considered the award final, requiring the trial court to confirm the award and rendering the initial denial of the motion erroneous. Order of the trial court affirmed.

  • Wolfe v. Reading Blue Mountain & N. R.R. Co.

    Publication Date: 2022-11-28
    Practice Area: Real Estate
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 649 C.D. 2022

    Trial court erred in sustaining property owners' preliminary objections to railroad's declaration of taking because the taking was for a public purpose, owners could not raise their claim of a de facto taking via preliminary objection, and the taking was not in bad faith but trial court properly found that security railroad offered was not adequate. Reversed and remanded.

  • Johnson v. LSF9 Master Participation Trust

    Publication Date: 2022-11-28
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Street
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00062

    The court granted defendant's request for an appeal of a default judgment after pro se plaintiff failed to accurately name defendant in the caption, body, and service of the complaint.