Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
Sheriff’s Sale of Property Following Foreclosure Can Extinguish Mechanics’ Liens
Posted in Pennsylvania Law Monitor
Prior to the Amendments to the Pennsylvania Mechanics’ Lien Law of 1963 which became effective January 1, 2007, Mechanics’ Lien Claims were granted priority over Mortgages against the liened property that were recorded after the effective date of the Lien. Under the old law, a Mechanics’ Lien Claim representing amounts due to the Contractor for erection or construction “related back” to the start of work on the property, and Liens representing amounts due for alteration and repair dated from the filing of the Lien Claim. Continue reading
In Pennsylvania, some non-Final Orders addressing Important Rights may be Appealed Immediately
Posted in Pennsylvania Law Monitor
Typically, attorneys and clients faced with an adverse non-Final Order of a trial Court are presented with two quite unsatisfactory choices in deciding how to proceed. The first option is to wait until the disposition of a case to appeal the Order, and the second is the rarely successful course of Moving the trial Court for permission to appeal an Interlocutory Order. Continue reading
Maintaining Corporate Formalities Critical for Liability Protection
Posted in Pennsylvania Law Monitor
A corporation is a legal entity that is separate from its shareholders, officers, directors and employees. Every corporation is required to maintain certain corporate formalities that will preserve the corporation’s status as a separate legal entity, and therefore, insulate its shareholders from personal liability. Continue reading
Regulatory Taking in Pennsylvania – Lucas and Penn Central
Posted in Pennsylvania Law Monitor
The current policies used in determining the standard for proving a regulatory taking of land are particularly strict. More often than not, the property owner is responsible for proving that exceptional circumstances exist which substantially deprives them of the use of their property. Additionally, the property owner is responsible for… Continue reading
Tax Increment Financing Act (TIF)
Posted in Pennsylvania Law Monitor
Pennsylvania enacted the Tax Increment Financing Act (TIF) as a way to improve the conditions of urban areas in the state that have been deemed “blighted”. The Act creates a system of financing for the redevelopment of the areas that is essentially privately funded. What is a TIF District? Local… Continue reading
