Failure to Satisfy Mortgage

Representation: Mortgage Holder

Court of Common Pleas of Allegheny County

Situation: Bernstein and Bernstein, P.C. represented a lender after a married couple, along with the husband’s father, secured a loan for the couple through mortgages. The mortgage being subsequently paid in full, the borrowers requested the lender satisfy only the mortgage on the father’s real estate and the lender did so. The husband and wife then sued the lender for approximately $30,000, claiming it had violated Pennsylvania law by failing to satisfy the mortgage on their residence.

Action: Bernstein and Bernstein, P.C. objected to the lawsuit and obtained a court order requiring the borrowers to file a new pleading to more specifically allege the violations of law. The borrowers failed to file the amended pleading within the time ordered by the court, and the lawsuit was dismissed. Bernstein and Bernstein, P.C. succeeded with the dismissal for its client within 60 days of the suit’s initial filing.