JP Morgan Chase Bank v. Taggart (majority)Annotate this Case
Kenneth Taggart appealed a superior court order affirming a trial court’s verdict on mortgage foreclosure in favor of Great Ajax Operating Partnership (“Great Ajax”). The Pennsylvania Supreme Court concluded Great Ajax or its predecessors failed to provide pre-foreclosure notice before initiating a second mortgage foreclosure action as required by the Loan Interest and Protection Law, 41 P.S. sections 101-605 (“Act 6”). In reaching this conclusion, the Court held the purposes of Act 6 were served by requiring each action in mortgage foreclosure to be preceded by a separate pre-foreclosure notice. A lender may not recycle a stale pre-foreclosure notice that it issued in connection with a prior complaint in mortgage foreclosure. Because Great Ajax failed to provide a separate pre-foreclosure notice before initiating the second action, the superior court's judgment was reversed.