MORTGAGE FORECLOSURE: Superior Court Holds that the Act 91 Notice Prescribed by Regulation is Defective; Residential Sheriff Sale is Set Aside for Lack of Jurisdiction.

On January 30, 2012, the Superior Court held that the Act 91 Notice promulgated by the Pennsylvania Housing Finance Agency does not contain an important statutory provision and that, as a result, the courts lack jurisdiction over residential mortgage foreclosures filed by lenders giving the defective notice.

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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