Real Estate Law

Recent Posts

The Doctrine of Equitable Assignment is Alive and Well in Wisconsin
Posted on 12 Aug 2014 by Foley & Lardner LLP

That was the holding of the Wisconsin Supreme Court in the opinion in Dow Family, LLC v. PHH Mortgage Corporation , 2014 WI 56, [ enhanced version available to subscribers ]. The facts of the case are similar to thousands of foreclosure cases... Read More

Pennsylvania County Recorder Cannot Sue MERS for Failure to Record Mortgage Assignments, Third Circuit Rules in Overturning Oft-Cited District Court Opinion
Posted on 15 Sep 2015 by Ballard Spahr LLP

The U.S. Court of Appeals for the Third Circuit has ruled, [subscribers can access an enhanced version of this opinion: | Lexis Advance ], that Pennsylvania’s recording statute does not require the recording of all conveyances. As a result... Read More

District Court Issues Crucial Ruling on Pennsylvania's Recording Statute
Posted on 4 Nov 2014 by Ballard Spahr LLP

The U.S. District Court for the Eastern District of Pennsylvania has held, [ enhanced version available to subscribers ], that the failure to create and record written instruments evidencing assignments of mortgages and transfers of promissory... Read More

Court Upholds Constitutionality of Pennsylvania Recording Statute
Posted on 4 Jun 2014 by Ballard Spahr LLP

A class action suit against Mortgage Electronic Registration Systems (MERS) in Pennsylvania will go forward after a federal district court ruled that the state recording statute is constitutional. The court ruled that the statutory recording requirements... Read More