Monthly Archives: April 2011

Twombly: Heightened Federal Pleading Requirement?

Since Marbury v. Madison, Federal Court practice has always been complex and difficult-the litigator walks a tightrope balancing procedural pitfalls under the guise of due process and substantial energy commitment with clients’ cost sensitivities in an arena of tight time … Continue reading

Posted in Civil Rights | Tagged , , | 3 Comments

Wrongful Use of Civil Proceedings: Dragonetti

In keeping with this author’s monthly column on attorney liability, one would be remiss in not discussing Pennsylvania’s wrongful use of civil proceedings cause of action more commonly known as: Dragonetti.  Few if any plaintiff’s civil litigators can claim having … Continue reading

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“Predatory Lending” in the “Refi” Era: A Primer

For the past five years, the most continuously newsworthy topic regarding personal finance has surprisingly not been taxes, but rather mortgage rates or more specifically, refinancing.  Now that it appears we are nearing the end of the Real Estate Bubble, … Continue reading

Posted in Mortgage Fraud | Tagged , , , , | 2 Comments

Residential Mortgage Foreclosures: Procedures & Practicalities

In stark contrast to the recent drop in interest rates is the rise in Pennsylvania mortgage foreclosures, especially in Philadelphia. While attributable to Pennsylvania having one of the largest populations of homeowners, the amount of foreclosures is also likely related … Continue reading

Posted in Mortgage Foreclosure | Tagged , , , , | 3 Comments

Liability Arising Out of the Sale of Residential New Construction

“You close or hit the bricks…Get out there – you got the prospects coming in. You think they came in to get out of the rain? A guy don’t walk on the lot lest he wants to buy. They’re sitting … Continue reading

Posted in Mortgage Fraud | Tagged , , , , | 1 Comment

Multi-Jurisdictional Foreclosure Litigation & The Foreclosure Explosion ( and Sub-Prime Implosion)

In January 2006, 103,540 properties nationwide entered some stage of foreclosure.  This was a 27% increase from the month prior and a 45% increase from January 2005.  By end-year 2007, over 1% of all homes nationwide will be in foreclosure … Continue reading

Posted in Mortgage Foreclosure | Tagged , , , , | 2 Comments

Home Improvement Loan Fraud: Caveat Emptor

The Set-Up Following a knock on the door, residential Homeowner answers to find General Contractor offering to secure Homeowner a $15,000.00 loan to make long-time needed home improvements, which would increase the value of the property as well as the … Continue reading

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Gist of the Action Doctrine Intersects the Parol Evidence Rule

The “gist of the action” doctrine is otherwise known as the “economic loss doctrine”.  This doctrine originated from the concept that contract remedies should be distinguished from tort remedies.  However, since its creation, the law regarding whether a tortfeasor is … Continue reading

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Foreclosure Rescue Scam

The Set-Up Foreclosure defendant-debtor foreclosing lender’s sheriff’s foreclosure sale quickly approaches.  Mortgage broker contacts debtor to advise of a wonderful opportunity to refinance.  This refinance would enable debtor a new loan with better terms and, most importantly, foreclosing lender’s arrearage … Continue reading

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Philadelphia’s Residential Mortgage Foreclosure – Diversion Pilot Program

In response to the national and in particular the City’s foreclosure crisis, the Philadelphia Sheriff, John Green, cancelled the April, 2008 Sheriff’s foreclosure Sale.  On the heels of that moratorium, President Judge Jones of the Court of Common Pleas sua … Continue reading

Posted in Mortgage Foreclosure | Tagged , , , , , , | 1 Comment