Smith v. Commercial Banking Corp. (In re Smith)

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case raises the issue of whether the foreclosure of residential property without either giving the required notice of intention to foreclose until a few days before the sheriff’s sale or timely serving the foreclosure complaint constitutes injuries cognizable under the Pennsylvania “unfair or deceptive practices act” (UDAP) or under the Pennsylvania Loan Interest and Protection Law (Act 6). Both the district court and the bankruptcy court concluded that the UDAP did not extend to such injuries. Neither court, however, addressed the claim under…