CHAPTER 6. Foreclosure

A. Acceleration and Marshalling.

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B. Miscellaneous Foreclosure Methods.

C. Judicial Foreclosure.

Diagram of the Mortgage Foreclosure Process.
Problems in Mortgage Foreclosure.
NOTES ON MORTGAGE FORECLOSURE IN PENNSYLVANIA.
MERS Recommended Foreclosure Procedures for Pennsylvania.
    Nationsbanc Mortgage Corp. v. Grillo, 2003 PA Super 221 (2003) (why mortgage lenders get grey, and how not to obtain post-judgment interest in a foreclosure sale; foreclosure sale intially scheduled 7/11/1997 and finally held 3/9/2001).
  1. Parties-Defendant: The "Necessary-Proper Distinction."
  2. The Omitted Party Problem.

D. Power of Sale Foreclosre (selected portions).

  1. Some General Conditions.
  2. Defects in the Exercise of the Power. (Omitted)
  3. Constitutional Problems with the Power of Sale.

E. Disbursement of Foreclosure Sale Proceeds.

F. Reacquisition of Title by Mortgagor and Related Interests.

G. Statutory Redemption. (Omitted)

H. Anti-deficiency Legislation and Related Problems.

42 Pa.C.S.A. §§ 8103 and 8104, Pennsylvania's Anti-Deficiency Judgment Act.
See also Pa. R.C.P. 3276 et seq.

Some Non-Bankruptcy Practice Problems

I. The Soldiers' and Sailors' Relief Act. (Omitted)

J. Bankruptcy. Diagram

  1. Introductory Concepts.
  2. The Chapter 11 Reorganization.
  3. The Chapter 13 "Wage Earner" Plan. (Omitted)
  4. Family Farmer Bankruptcy Act of 1986 ("Chapter 12"). (Omitted)
  5. Setting Aside Pre-bankruptcy Foreclosures.
  6. Rents in Bankruptcy.
  7. Installment Land Contracts in Bankruptcy.

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Land Transfer & Finance /© 2002 Professor Cyril A. Fox / University of Pittsburgh School of Law