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  • City of Philadelphia v. Jones

    Publication Date: 2019-12-09
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1419

    Trial court properly dismissed appellant's petition challenging notice of tax sale of his property and court agreed with trial court that appellant's petition was untimely and appellant lacked standing to challenge notice. Affirmed.

  • Stillwater Lakes Civic Assoc. v. Brecht

    Publication Date: 2019-12-09
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1330

    While both the Uniform Planned Community Act and the bylaws of the plaintiff subdivision allowed for 15 percent interest on overdue assessment fees, both were silent on the method of calculating interest; therefore, the court concluded that simple interest was the proper method of calculation in the absence of express authority for compound interest. The court granted plaintiff summary judgment.

  • Lake Naomi Club, Inc. v. Rosado, LP

    Publication Date: 2019-12-02
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1337

    The court denied defendants' preliminary objections regarding constitutional and public policy issues relating to a planned community's attempt to enforce an amendment of its restrictive covenants to prohibit registered sex offenders from residing in the community.

  • Bayview Loan Servicing, LLC v. Bucci

    Publication Date: 2019-12-02
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1368

    Where the plaintiff lender alleged possession of the original note at issue in this mortgage foreclosure suit and attached a copy of the note and assignments to its filings, defendants' boilerplate denials failed to raise any genuine issue of material fact regarding plaintiff's standing. The court recommended affirmance of its order granting plaintiff summary judgment.

  • Sereda v. Ctr. City Acquisitions, LLC

    Publication Date: 2019-11-25
    Practice Area: Real Estate
    Industry: Construction
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1380

    Trial court properly held LLC home-builder and its principal jointly and severally liable for warranty and Unfair Trade Practices and Consumer Protection Law violations where record supported finding that defendants failed to remedy home defects they were provided timely notice of and misrepresented the quality of the home they sold to plaintiffs. Judgment affirmed.

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  • Bartkowski v. Ramondo

    Publication Date: 2019-11-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1353

    A landowner need only show that constructing alternative access to a parcel was manifestly impracticable to establish an easement by necessity. Order of the superior court reversed.

  • Outsource 2000, Inc. v. McIntyre

    Publication Date: 2019-11-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1249

    The court held that an appeal should be quashed due to the failure to comply with a bond requirement. Alternatively, dismissal of the appeal was appropriate because plaintiff was entitled to relief in this quiet title action.

  • Landis v. Wilt

    Publication Date: 2019-11-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1299

    Trial court properly quieted title in favor of adverse possessor where abutting condominium development presented no evidence that it took its land subject to prior subdivision plan and instead expressly disclaimed any title to the disputed land. Judgment of the trial court affirmed.

  • Hall v. Fisher

    Publication Date: 2019-10-14
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1191

    In this dispute about an access road, plaintiffs were entitled to a preliminary injunction even though their claims for relief were all actions at law.

  • In re Petition to Set Aside Upset Tax Sale

    Publication Date: 2019-10-14
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1214

    Trial court erred in finding that house owner resided in prison and not at the property and was not entitled to notice of tax sale for delinquent taxes because trial court and bureau misconstrued the definition of owner occupant and even though owner was incarcerated, he was an owner occupant. Reversed.