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Carefully Crafted Mortgages In Pa. Foreclosure Cases

Law360, New York (October 26, 2015, 2:32 PM EDT) -- George L. Cass

LaToya Sawyer-Ndizeye In a recent 2015 case, EMC Mortgage LLC v. Biddle, 114 A.3d 1057, the Pennsylvania Superior Court applied the holding Stendardo v. First National Mortgage Association, 991 F.2d 1089 (3d Cir.1993), to a case where a mortgage lender moved to amend a default judgment for mortgage foreclosure to add fees, costs and interest that had not been included in the judgment. In Stendardo, the Third Circuit Court of Appeals, applying the doctrine of merger of judgments as in effect in Pennsylvania, held that the "terms of a mortgage are merged into a judgment and thereafter no...

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