EX POST FACTO LAW PA CONSSTITUTION ART 1 SEC. 17
Posted 04 February 2013 - 11:37 AM
Posted 04 February 2013 - 12:10 PM
Need any type of help I can get asap, on EX POST FACTO law as applied to a mortgage forclosure and sheriffs sale. Brief is due Friday (2-8-13). New law signed by Governor is being applied retro to 1999 and case cite or opinion(s) on topic?????
You haven't told us anything that makes any sense.
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Posted 04 February 2013 - 12:56 PM
question presented for review is:
wheatherthe HOME OWNERS ASSISTANCE ACTenacted by Pa legislature is violative of PA Consti. art 1 sec 17 (EX POST FACTO CLAUSE)
and whether defendants failure to raise notice concers prior to delivery of sheriffs deed precludes the relief sought in motion to vacate?
Posted 04 February 2013 - 02:25 PM
The Pennsylvania law to which you are evidently referring is called the Homeowner Assistance Settlement Act, P.L. 648 No. 70, and it resolves potential problems that were created by a Pennsylvania appellate court decision. The Act effectively reverses the court decision as to other cases that might arise and is retroactive to 1999. Had the legislature not done this, it may have thrown into doubt the title of a number of properties that had gone through the Pennsylvania Homeowner Emergency Mortgage Assistance Program. This Act is not a criminal law and thus is not likely prohibited by the ex post facto provision of the state constitution. Hopefully that background will give you what you need to focus the research you were asked to do.
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