Sign in to follow this  
Followers 0
waparalegals

EX POST FACTO LAW PA CONSSTITUTION ART 1 SEC. 17

5 posts in this topic

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?????

Share this post


Link to post

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?????

What topic?

You haven't told us anything that makes any sense.

Share this post


Link to post

What I told on the post is pretty much all I was given to work from! It stems from from 35 P.S. sec. 1680.402 c & 403 c, (P.S.= Purdens statute in pa)

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?

Share this post


Link to post

Article I, section 17 of the Pennsylvania state constitution simply says: “No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be passed.” The provisions barring ex post facto laws and barring the impairment of contractual obligations mirror that found in the federal constitution. Under the case law for the federal constitution, the prohibition of ex post facto laws applies only to criminal laws. Thus, Congress could not make something a crime and have it apply to acts taken before the law was enacted. You’d need to look at Pennsylvania case law to see if Pennsylvania follows a similar interpretation; I’d be surprised, however, if it applied to laws other than criminal laws.

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.

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0