In a case of first impression, an Allegheny County trial court has found that statements made by an assignor prior to an assignment of a mortgage are admissible under the party-opponent exception to the hearsay rule.
In Alaska Seaboard Partners Limited Partnership v. Kelly, Allegheny County Court of Common Pleas Judge Alan Hertzberg ruled that statements made by a PNC Bank representative before PNC assigned a mortgage to plaintiff Alaska Seaboard Partners were admissible because, under the 1997 state Superior Court ruling in Smith v. Cumberland Group, Pennsylvania law places an assignee “in the shoes of the assignor.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
