When advising clients in rural Pennsylvania, it would seem incumbent upon counsel to apprise the client of the Private Road Act, which has the potential to become a proverbial thorn in the side when successfully employed. Perhaps there is no better form of due diligence when acquiring real property than physically exploring potential idiosyncrasies of the intended purchase.

Are there any unusual facets, like unrecorded easements or even land-locked properties, both adjacent and non-adjacent? Just last month, our Commonwealth Court concluded a protracted piece of litigation, dating to July 2001, in Appeal of Doberman Group Inc.

According to the opinion, a petition to [...]

When a supplier of goods or a lending institution extends credit there is an element of risk even in a strong economy. When the housing market in general, and the construction industry in particular, are in a downturn, the creditor’s primary concern, once creditworthiness is established, will be priority over other creditors.

In a 2-1 opinion filed on May 28, the Superior Court sent us all a reminder of the importance of the common law equitable lien and how, in the appropriate circumstance, the equitable lien holder will enjoy priority even against a trustee in bankruptcy and a secured creditor. Even [...]

HUD No. 10-173

Brian Sullivan

(202) 708-0685

FOR RELEASE

Friday

August 6, 2010

FHA LAUNCHES SHORT REFI OPPORTUNITY FOR UNDERWATER HOMEOWNERS

Effort designed to encourage principal write-downs for responsible borrowers

WASHINGTON – In an effort to help responsible homeowners who owe more on their mortgage than the value of their property, the U.S. Department of Housing and Urban Development today provided details on the adjustment to its refinance program which was announced earlier this year that will enable lenders to provide additional refinancing options to homeowners who owe more than their home is worth. Starting September 7, 2010, the Federal Housing Administration (FHA) will offer certain ‘underwater’ non-FHA [...]

It is no mystery that the objectives of big business and local community sentiment can be far from symbiotic, even becoming quite contentious at times. There is perhaps no more obvious example than eminent domain.  By way of example, a couple of recent and relatively local takings cases have been wonderful fodder for the pundits and other media types.  There’s the West Conshohocken matter involving Donald Pulver’s development company, where a condemnation of a valuable piece of property was struck down as being legally impermissible.  Post-settlement, a civil rights action stemming from that attempted condemnation is being played out in the federal courts.  And then, [...]

There is an inherent limitation regarding the power of eminent domain.  On paper, it seems reasonable that governmental entities would need the flexibility and autonomy to acquire private property, for the sake of infrastructural enhancements and progress in general.  Yet defining the concept of public usehas never seemed so controversial, in a economic environment where the boundaries between private and public appear so blurred.

Take the Obama mortgage rescue attempts for instance or the bailouts or the health care reform initiatives.  Conservative pundits, politicians and other talking heads, in no particular order, purport to take offense to the government’s intermeddling in private industry.  Whether or not [...]

It’s a typical Monday night. The big rush home. My wildly delicious yet completely unpopular frugal gourmet frozen tilapia. And of course an evening wouldn’t be complete without a torturous dog walk in the tundra and my lab Kyoto playing let’s-fake-out-my-neglectful-owner head games with dozens of stops and starts and deceptive contorting. And then at last there’s the quality one-one-one time with my lovely wife, consisting of reality TV interspersed with bits and pieces of conversation. Tonight’s the finale of “The Bachelor.” In a stunning twist, the former object of the bachelor’s affection, who incidentally screwed up her last relationship, [...]

Several recent Pennsylvania Superior Court decisions illuminate the contours of Pennsylvania Mechanic’s Lien Law and its 2006 amendments. Effectuating a valid lien can prove quite challenging, especially for the more excitable and unwary subcontractors of the bunch. Take the case of Floors Inc. v. William and Julie Altig,for instance, where a subcontractor that went into a deal on nothing more than blind faith, was ultimately forced to file a lien.

William and Julie Altig purchased their dream home back in 2007, a Chester County new construction in a community developed by Franklin Chase Holdings LLC. And thanks to a flooring company, going [...]

In an urban environment such as Philadelphia, rows and run-ins between neighbors are simply par for the course. As practitioners, we expect this. Provocative, distracting billboards and rodents vying for the remnants of last night’s special at that quaint little neighborhood BYOB are the things of a metropolis. Party wall issues, nuisance complaints, unpermitted construction gripes are a dime a dozen. And of course there’s always the hotly contested variance request. Picture the hypothetical fraternity wreaking proverbial havoc upon a once sleepy family neighborhood. Initiation rituals, drinking games… Enough said. Fortunately there are [...]

Weird news abounds these days. There’s so much of it in fact, that news services, like the MSNBCs and Reuters of the world have carved out sections just to handle those peculiar stories. I recently wrote an article about one, which I thought ranked right up there in terms of nuttiness. Just last week a federal trial kicked off in Texas, with the key defendant being a brainy law student. After his wealthy family defaulted on a multi-million dollar commercial mortgage, he decided to create a web site, devoted entirely to exposing the illicit business practices of a behemoth loan [...]