Category Archives: Real Estate

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Commonwealth Court Upholds Philadelphia’s Definition of a Family for Zoning Purposes

Posted in Real Estate

A recent Commonwealth Court case involving a pair of residential properties has aptly demonstrated that not every residential property in Philadelphia can be automatically utilized for student housing. This case in question is Schwartz v. Philadelphia Zoning Board of Adjustment, 2015 Pa Commw. Lexis 413 (2015). In Schwartz, two properties were zoned for single family… Continue Reading

Mortgage Reformation in Pennsylvania

Posted in Real Estate

At times, when a lender gives a loan secured by a mortgage on real estate, something happens in the loan origination or closing processes (whether through mistake, inadvertence, or even fraud), which results in the mortgage being defective, and therefore not a lien on the real estate. Items such as missing signatories to the mortgage… Continue Reading

Land Use – Transportation Impact Fees

Posted in Real Estate

Metro Bank v. Board of Commissioners of Manheim Township (Pa. Commonwealth Court 2015) dealt with the appropriate calculation for a transportation impact fee. Metro Bank was approved to build a bank in Manheim Township, and was required to pay an estimated transportation impact fee prior to the start of construction. This dispute is due to… Continue Reading

The Federal Protecting Tenants at Foreclosure Act

Posted in Foreclosure, Real Estate

In the aftermath of the 2008 financial crisis, one of the pieces of legislation that was intended to be considered “Main Street”-friendly, which is another way of referring to legislation that is supportive of locally owned small businesses and residences, was the Protecting Tenants at Foreclosure Act (“PTFA”).  In short, this statute provided protection for… Continue Reading

Pontiff’s Visit to Philadelphia (Part II) – How Commercial/Retail Owners Can Best Manage the 2 Million-Plus

Posted in Real Estate

Click here to read part one. A lot of press has already been devoted to potential opportunities for the owners of residential properties in the Philadelphia area as a result of to the Pope’s visit in late September 2015. Considering the projected amount of available hotel/motel accommodations–approximately 30,000 units–pales in comparison to the expected 2… Continue Reading

Mortgage Reformation in Pennsylvania

Posted in Real Estate

Prior to 2008, when the Great Recession and its aftereffects brought about a sea of changes in the mortgage lending arena, it was not an uncommon scenario, post-closing on a sale or refinance of real estate, to see a mortgage signed by only one of multiple owners of the real estate. In most of these… Continue Reading

Equitable Liens on Real Estate

Posted in Real Estate

Suppose you have sold real estate to someone else and take a mortgage back from the buyer to secure payment of the sale price. Suppose, again, that you find out that there’s something wrong regarding that mortgage. Maybe the buyer claims he didn’t sign it. Maybe it describes the real estate incorrectly. Maybe it gets… Continue Reading

Installment Purchase Agreements for Real Estate

Posted in Real Estate

Traditionally, in Pennsylvania, an agreement of sale between seller and buyer “seals the deal” for the purchase of real estate. However, a prospective seller may also choose to have the buyer take possession of the property and “pay as he goes,” i.e. enter into an installment purchase agreement for the real estate. The core of… Continue Reading