WELLS FARGO BANK, N.A., as Trustee For the MLMI Trust Series 2005-FF6 v. ERIC M. LUPORI AND STACY R. LUPORI

WELLS FARGO BANK, N.A., as Trustee For the MLMI Trust Series 2005-FF6 v. ERIC M. LUPORI AND STACY R. LUPORI No. 1522 WDA 2009 2010 PA Super 205 Atlantic: n/a Filed: 11/12/2010
	Appeal from the Order August 7, 2009, Court of Common Pleas, Allegheny County, Civil Division at No. GD-07-007241
Before: DONOHUE, OLSON and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Appellants, Eric M. and Stacy R. Lupori (“the Luporis”), appeal from the August 7, 2009 order denying their petition to set aside a sheriff’s sale and strike a default judgment in this mortgage foreclosure action initiated by Appellee, Wells Fargo Bank, N.A., as trustee for MLMI Trust Series 2005 FF6 (“Wells Fargo”). We reverse.

-----------------------------------------------------Want 50 state & federal case law? - click here

IRWIN UNION NATIONAL BANK AND TRUST COMPANY v. GEORGE M. FAMOUS AND NANCY L. FAMOUS AND ATL VENTURES APPEAL OF: ATL VENTURES

IRWIN UNION NATIONAL BANK AND TRUST COMPANY v. GEORGE M. FAMOUS AND NANCY L. FAMOUS AND ATL VENTURES APPEAL OF: ATL VENTURES No. 2716 EDA 2009 2010 PA Super 145 Atlantic: n/a Filed: 8/9/2010
	Appeal from the Order entered August 17, 2009 In the Court of Common Pleas of Chester County Civil Division at No(s): No. 08-06501
Before: SHOGAN, COLVILLE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant, ATL Ventures (“ATL”), as third party purchaser, appeals from the August 17, 2009 orders of the Court of Common Pleas of Chester County, which denied ATL’s amended petition to set aside the sheriff’s sale, and ATL’s motion for reconsideration. For the reasons discussed below, we affirm.

-----------------------------------------------------Want 50 state & federal case law? - click here

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE v. PETER H. POWERS APPEAL OF: HEATHER A. RITCH

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE v. PETER H. POWERS APPEAL OF: HEATHER A. RITCH No. 771 EDA 2008 2009 PA Super 234 Atlantic: n/a Filed: 12/7/2009
	Appeal from the Order entered January 17, 2008 In the Court of Common Pleas of Philadelphia County Civil No. April Term, 2007, No. 2684
Before: KLEIN, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Heather A. Ritch, appeals from the order entered in the Philadelphia County Court of Common Pleas. In this case we consider whether a party who owns property near other property and has maintained that other property for seven years is a “party in interest” under Pennsylvania Rule of Civil Procedure 3132 and has standing to petition to set aside a sheriff’s sale of that other property. We hold that she does not and affirm the trial court’s order.

-----------------------------------------------------
Want 50 state & federal case law? - click here

US BANK N.A. AS TRUSTEE FOR RESIDENTIAL FUNDING CO., LLC, v. PAMELA MALLORY AND JAMALL ROUNDTREE APPEAL OF: PAMELA MALLORY

US BANK N.A. AS TRUSTEE FOR RESIDENTIAL FUNDING CO., LLC, v. PAMELA MALLORY AND JAMALL ROUNDTREE APPEAL OF: PAMELA MALLORY No. 1924 EDA 2008 2009 PA Super 182 Atlantic: n/a Petition for Reargument Denied 11/24/2009 Filed: 9/14/2009
	Appeal from the Order Entered June 4, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): No. 001461 November Term, 2007
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County denying Appellant Pamela Mallory’s petition to strike and/or open the default judgment entered in favor of Appellee US Bank, N.A., as Trustee for Residential Funding Co., LLC. Appellant contends (1) the default judgment should have been stricken since the failure to plead properly an assignment of mortgage in a mortgage foreclosure action is a fatal defect apparent on the face of the record; (2) Appellee did not have standing to bring the instant mortgage foreclosure action, and consequently, the default judgment should be stricken; (3) the trial court erred in denying Appellant’s petition to open the default judgment without considering Appellant’s defenses to the action; and (4) the default judgment should be opened since Appellant met all prongs necessary for the opening of default judgments. We affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN HOME MORTGAGE ACCEPTANCE, INC., D/B/A AMERICAN HOME MORTGAGE SERVICING, INC.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN HOME MORTGAGE ACCEPTANCE, INC., D/B/A AMERICAN HOME MORTGAGE SERVICING, INC. v. KENNETH L. RALICH AND KAREN R. RALICH Appellants No. 1328 WDA 2008 2009 PA Super 163 Atlantic: 982 A.2d 77 Petition for Reargument Denied 10/27/2009 Filed: 8/25/2009
	Appeal from the Order entered August 8, 2008 In the Court of Common Pleas of Allegheny County Civil Division at No. GD06-031037
Before: DONOHUE, CLELAND and KELLY, JJ.
Opinion by: CLELAND, J.
Appellants, Kenneth and Karen Ralich (the Ralichs), appeal from the Order of the Court of Common Pleas of Allegheny County granting the Motion to Strike the Ralichs’ Petition to Set Aside Sheriff’s Sale and Motion to Dismiss Foreclosure Proceedings. Because the Ralichs’ Petition was not timely filed pursuant to Pa.R.C.P. 3132 and 3135(a), and its untimeliness was not excused by an exception, we affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here

DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG

DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG No. 1372 WDA 2007 2009 PA Super 117 Atlantic: n/a Filed: 6/30/2009
	Appeal from the Judgment entered August 7, 2006 In the Court of Common Pleas of ALLEGHENY COUNTY Civil Division at GD No. 01-15053
Before: KLEIN, POPOVICH, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Donald Levitt, M.D. (“Levitt”), appeals from the judgment entered in favor of Appellee, Craig Patrick (“Patrick”), in the Court of Common Pleas of Allegheny County. We hold that a claim need not be discontinued with prejudice for this Court to have jurisdiction to entertain an appeal. We further hold that under the unique facts and circumstances of this case, the action to set aside a sheriff’s sale raised issues different than the instant action of mortgage foreclosure. We finally hold that a terre-tenant actually aware of an outstanding mortgage shares an obligation to repay that mortgage. We reverse the July 5, 2007 order denying post-trial relief, vacate the judgment, and remand for a new trial.

-----------------------------------------------------
Want 50 state & federal case law? - click here