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Publication Date: 2022-05-23
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0491
Where defendant occupied plaintiff's real property pursuant to an installment sale contract and did not take title to the property, there was no mortgage on the property and, thus, defendant did not qualify for the county's residential mortgage foreclosure diversion program. The court of common pleas granted plaintiff's request for ejectment.
Publication Date: 2022-05-16
Practice Area: Real Estate
Industry: Construction | Real Estate
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0550
Appellants appealed the imposition of sanctions for their failure to comply with a court order to stabilize a family cemetery that appellants' construction had threatened and court found appellants failure to timely appeal a November 2019 order issuing an injunction waived any issues relating to that order and the September 2021 order imposing sanctions of $397,000 was not final and appealable. Appeal quashed.
Publication Date: 2022-05-09
Practice Area: Real Estate
Industry: Insurance | Legal Services | Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0515
Trial court properly entered summary judgment as to all appellees on the basis of res judicata in dispute over water damage to a condominium unit and a settlement agreement in that action because appellant could have raised fraud on prior occasions and her failure to use those opportunities precluded her from alleging fraud in this case. Affirmed.
Publication Date: 2022-04-18
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0422
Trial court erred in dismissing Pennsylvania Department of Transportation's motion for possession because the order was an appealable, collateral order, DOT established its right of possession by paying the condemnees the estimated just compensation and the federal residential eviction halt was inapplicable to commercial property. Reversed.
Publication Date: 2022-04-04
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0359
Trial court properly found appellant was entitled to the original purchase price and real estate taxes paid on a property sold at a tax sale in 1973 because the sale was void ab initio since the property did not actually exist and properly denied appellant's claims for compound interest or attorney fees. Affirmed.
Law Journal Press | Digital Book
Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2022-04-04
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Bucks County
Judge: Judge Trauger
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0300
The evidence demonstrated the existence of an express grant of a right-of-way and/or driveway easement allowing plaintiff access over defendant's property and notice of that easement, which was specifically identified in a seller's disclosure statement provided to defendant. The court granted plaintiff relief.
Publication Date: 2022-03-22
Practice Area: Attorney Rates and Arrangements | Real Estate
Industry: Financial Services and Banking | Automotive
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0302
Plaintiff correctly argued that when a reverse mortgage is due because of a mortgagor's death, the mortgagor's heirs are not necessarily entitled to notice of and the right to exercise the option to purchase the mortgaged property for 95 percent of its appraised value; however, defendants demonstrated that plaintiff failed to comply with relevant federal regulations governing reverse mortgages. The superior court affirmed.
Publication Date: 2022-03-14
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0284
Deeds were not invalid under statute of frauds where they were signed by sole executor and beneficiary of estate in the name of the decedent, meaning the deeds were signed by the party transferring ownership of the real estate. Judgment of the trial court affirmed.
Publication Date: 2022-02-21
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0185
Trial court erred in ruling on appellees' action for ejectment, quiet title, trespass and injunctive relief in dispute over a piece of un-deeded property between the parties' properties because the abandoned roadway was never vacated, borough was an indispensable party and trial court lacked jurisdiction. Order vacated.
Publication Date: 2022-02-14
Practice Area: Real Estate
Industry: Technology Media and Telecom | Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0154
Plaintiff moved to remand its condemnation action seeking an aerial license to string fiber optic wire on telephone poles along defendant's railroad tracks and court found the Interstate Commerce Clause Termination Act did not preempt the commonwealth's eminent domain code and the amount in controversy was not enough to support diversity jurisdiction. Motion granted.
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