In Commerce Bank/Harrisburg, N.A. v. Kessler, No. 464 MDA 2011, 2012 WL 1610139 (Pa. Super. May 9, 2012), the Pennsylvania Superior Court issued its affirmance of a ruling of the Dauphin County Court of Common Pleas. In this case, the trial court had ruled that a mechanic's lien would be given priority over a first-recorded open-end mortgage collateralizing the bank's construction loan. Key to the Superior Court's affirmance was the fact that all proceeds of the construction loan were not used in connection with actual construction of the borrower's home.
Snatching Defeat From the Jaws of Victory: Lenders Beware
The Legal Intelligencer
August 17, 2012
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