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Super. Ct. 2012)." Vukmam High Court found that Law 91, a Pennsylvania Housing Finance Agency enforcement order established and used before September 6, 2008, was flawed because it allowed the Mortgagor to have a face-to-face conversation with either a Credit Advisor or the Mortgage Creditor, but the communication only indicated the Mortgagor's right to have a face-to-face conversation with a Credit Advisor.
Since Law 91 has jurisdiction and notification is necessary in Pennsylvania to initiate enforcement for all real estate not used by the FHA itself, the ruling may have invalidated all cases in which it was found that they had incorrect notifications. The Commission also ordered claimants with outstanding executions defeated by the "defective" notification to revoke their claim.
Obviously in recognition of the huge problems that the Vukmam ruling would create for borrower, lender, service provider and good faith buyers, the General Assembly of the Commonwealth of Pennsylvania relatively quickly passed the Homeowner Assistance Settlement Act, which, among other things, took the teeths out of the Vukmam ruling. In particular, with retrospective effect from 5 June 1999, the Act provides that (1) non-compliance with the parts of Act 91 at Vukmam does not remove competence from a tribunal, (2) natural or juridical persons affected by an alleged lack of promulgation of Act 91 must address the matter "in a judicial complaint prior to the prior service of a sheriff's or marshal's certificate in the enforcement proceedings or the service of a certificate by the mortgage debtor,
" When such a question is "duly brought in a claim", the Tribunal shall have reasonable jurisdiction to rectify the claimed defect and (4) non-compliance "shall not affect the assignment or other assignment of immovable property and proprietary rights secured by a mortgages liability provided under the laws of the Housing Finance Agency.
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