Bank of New York v. Judy D. Brown, PICS Case No. 14-0179 (C.P. Lawrence Jan. 23, 2014) Motto, J. (7 pages).

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RESIDENTIAL AND COMMERCIAL REAL ESTATE

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Bank of New York v. Judy D. Brown, PICS Case No. 14-0179 (C.P. Lawrence Jan. 23, 2014) Motto, J. (7 pages).

Defendant Judy D. Brown motioned to vacate the judgment in mortgage foreclosure entered October 30, 2007. The motion is denied with prejudice.

On September 12, 2007, plaintiff Bank of New York commenced this action for mortgage foreclosure following Brown's default on her residential mortgage payments for property located in Lawrence County, Pennsylvania. BONY properly served the complaint and Brown failed to timely respond. The court issued an in rem default judgment in mortgage foreclosure against brown.

BONY subsequently filed a motion for equitable conversion, arguing Brown converted her mobile home to real property upon affixing the asset to the premises. The court issued an order to show cause as to why the mobile home should not be converted to real estate; Brown again failed to respond and the dwelling was converted to real estate. Brown first sought action in June 2012, nearly five years since the judgment of mortgage foreclosure was entered.

Brown filed a series of motions, including dismissal of foreclosure complaint, which were denied by the court. Brown now sought to vacate the judgment in mortgage foreclosure pursuant to 42 Pa.C.S.A. §5526 arguing BONY failed to revive the judgment lien on real property within five years. Further, Brown requested the complaint in mortgage foreclosure be dismissed with prejudice due to inactivity.

The court denied Brown's motion stating that the lien revival statute had no application to a judgment in mortgage foreclosure. The court held that a judgment in a mortgage foreclosure is "in rem" and against land only; therefore it imposed no personal liability, was not for money damages and not subject to §5526. Finally, because the rules related to inactivity only apply to proceedings prior to entry of a final judgment, Brown's motion was denied.