Real Estate Law

Recent Posts

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

Wisconsin Supreme Court Hears Case Involving Equitable Assignment of Mortgages
Posted on 17 Apr 2014 by Foley & Lardner LLP

The Wisconsin Supreme Court has heard arguments in Dow Family LLC v. PHH Mortgage Corp. , 2013AP221, [ enhanced version available to subscribers ], a case involving the Mortgage Electronic Registration System (MERS), an electronic mortgage tracking... 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

No, You Cannot Enforce A Mortgage That Has Already Been Paid In Full
Posted on 22 Jan 2015 by Peter J. Gallagher

By Peter J. Gallagher (@pjsgallagher) The Appellate Division recently dealt with an unusual situation involving a borrower trying to enforce a mortgage, which had been satisfied years earlier, against a lender that was foreclosing on a different... Read More