In PA, mortgage foreclosures set aside for failure of notice provisions

MaryGSykes.com

Thanks to Cynthia Stevens, blog fan:
PENNSYLVANIA SUPERIOR COURT HOLDS THAT ALL FORECLOSURES BASED UPON INCORRECT ACT 91 NOTICES MAY BE SET ASIDE AT ANY TIME; OUR ACT 91 NOTICE WAS CORRECT February 2012                                                                                                                        by  Peter E. Meltzer 
On January 30, 2012, in a decision of major importance to mortgage holders in Pennsylvania, the Superior Court held that the form of Act 91 Notice promulgated by the Pennsylvania Housing Finance Agency does not contain an important provision required by the statute and that, as a result, all residential mortgage foreclosures which began with a defective Act 91 Notice are subject to being set aside at any time. This is so even if the mortgagee or its counsel relied on the Model Uniform Notice (i.e. the approved form) which was issued by the Legislature in connection with the statute.  In particular, the mortgagee is required to notify…

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