Randal v. Jersey Mortgage Investment Co.
Supreme Court of Pennsylvania
Notice by assignee of mortgagee to tenants is not regular entry by suit (ejectment), or foreclosure proceedings, and is a nullity, as such privity does not exist as would enable a mortgagee to compel tenants of the mortgagor to pay him rent: Myers v. White, 1 Rawle 353; Bulger v. Wilderman, 101 Pa. Superior Ct. 168; Abraham, etc., B. & L. Assn. v. Miller, 13 Pa. D. & C. 73.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The Jersey Mortgage Investment Company, hereinafter called owner, was the record owner of an apart- men! .house in the City of Philadelphia, subject to two mortgages, plaintiff being the assignee of the second of them. It was in the usual form, conveying to the mortgagee, his heirs and assigns, the property described, together with “the reversions and remainders, reñía, issues and profits thereof.” After it became due and payable, plaintiff notified the tenants of the property, all of whose leases were subsequent in date to the execution of plaintiff’s mortgage,…
2Cases cited3 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Nick v. CraigSupreme Court of Pennsylvania · 1930
- Orth & Bro. v. Board of EducationSupreme Court of Pennsylvania · 1922
3Cited by52 opinions
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
- Eastgate Enterprises, Inc. v. Bank & Trust Co. of Old York RoadSuperior Court of Pennsylvania · 1975
- Integrity Trust Co. v. St. Rita B. & L. Assn.Superior Court of Pennsylvania · 1933
- Funches v. Household Finance Consumer Discount Co. (In Re Funches)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- In Re TM Carlton House Partners, Ltd.United States Bankruptcy Court, E.D. Pennsylvania · 1988
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