UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW-RELIANCE-MORTGAGE FORECLOSURE

February 23rd, 2017 by Rieders Travis in Business and Corporations

Claim for violation of Unfair Trade Practices and Consumer Protection Law thrown out by trial court.  The Third Circuit affirmed.  In 1999, homeowners obtained a home loan from Parkway Mortgage secured by a mortgage on the property.  Parkway Mortgage assigned the interests to non-parties, which in turn assigned their interests.  Homeowner stopped making payments because they did not receive monthly statements.  They were said to be in default, and foreclosure followed.  A judgment was taken against the homeowners, and they wound up in bankruptcy.  The homeowners sued the mortgage company.  The lower court ruled in favor of the homeowners on the contract claim, but determined they could not recover damages for attorney’s fees or any other damages.  The court said the claim under the Unfair Trade Practices and Consumer Protection Law was properly dismissed, along with infliction of emotional distress claims.  There was no implied covenant of good faith and fair dealing.  Reliance was not proven.  Dehart v. Homeq Servicing Corp., 2017 U.S. App. LEXIS 2276 (Feb. 8, 2017).

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]

RECENT ARTICLES

 

Article Categories