Legal Opinion
Sovereign Bank v. Gawron
Pennsylvania Court of Common Pleas, Lackawanna County
Decided June 16, 2010No. 08 CV 5095PublishedCited by 3 opinions
1Opinion of the Court
NEALON, J,
The lender’s summary judgment motion in this residential mortgage foreclosure action presents the relatively novel issue of whether a borrower may void and rescind a mortgage agreement *73based upon the predatory lending practices of a lender’s agent in fraudulently generating a grossly inflated property appraisal in order to procure a loan and mortgage that far exceed the fair market value of the mortgaged realty. Pennsylvania law prohibits the use of fraudulent appraisals in connection with residential mortgages and recognizes that a mortgage agreement may be voidable based upon…
2Cases cited29 opinions
- Erie Telecommunications, Inc. v. City of Erie, PennsylvaniaCourt of Appeals for the Third Circuit · 1988
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Blumenstock v. GibsonSuperior Court of Pennsylvania · 2002
- Madera v. Ameriquest Mortgage Co. (In Re Madera)Court of Appeals for the Third Circuit · 2009
- Cunningham v. McWilliamsSuperior Court of Pennsylvania · 1998
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3Cited by3 opinions
- Brogan v. Rosenn, Jenkins & Greenwald, Pennsylvania Court of Common Pleas, Lackawanna County2014
- LSF8 Master Participation Trust v. Tanana, Pennsylvania Court of Common Pleas, Lackawanna County2014
- Wells Fargo Equipment Finance, Inc. v. Knitney Lines, Inc., Pennsylvania Court of Common Pleas, Lackawanna County2013