High Court to Examine Foreclosure Notice Requirements

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High Court to Examine Foreclosure Notice Requirements

High Court to Examine Foreclosure Notice Requirements

Law.com-

The Pennsylvania Supreme Court is set to decide whether a mortgagee must issue a new notice of intent to foreclose before filing a second foreclosure complaint after its initial complaint was dismissed.

The case, JPMorgan Chase v. Taggart, potentially hinges on the application of the high court’s 2014 ruling in Wells Fargo Bank v. Spivak, which held that a mortgagee was required to provide at least 30 days’ notice to a mortgagor before filing a new complaint where the mortgagee voluntarily discontinued its original foreclosure action.

The Spivak court held that “when a residential mortgagee delivers an Act 6 notice, commences a foreclosure action against a mortgagor (‘first action’), discontinues that foreclosure action, and re-files another foreclosure action against a mortgagor for the same premises (‘second action’), the lack of a new notice prior to the second action is fatal to the second action.”

[LAW.COM]

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