Wells Fargo Bank N.A. v. Spivak

OPINION BY

JENKINS, J.:

¶ 1 Louis I. Spivak (“Spivak”) appeals from the order of the Court of Common Pleas of Montgomery County granting Wells Fargo Bank, N.A.’s (“Wells Fargo”) motion for summary judgment in a mortgage foreclosure action. We reverse and remand. We conclude that when a residential mortgagee delivers an Act 6 notice, commences a foreclosure action against a mortgagor (“first action”), discontinues that foreclosure action, and re-files another foreclosure action against a mortgagor for the same premises (“second action”), the lack of a new notice pri- or to the second action is…