Litigation

By: Christopher L. Turner

In these challenging economic times, commercial landlords need to be mindful of the advantages of Confession of Judgment Clauses. These clauses permit a landlord to obtain a judgment either for money damages or for eviction against defaulting tenants without the need of a trial.

Additionally, priority of the judgment is established as of the date the judgment is confessed.  As a result, at the time of entry into new leases, landlords should attempt to obtain clauses permitting Confessions of Judgment for both money damages and in ejectment. Similarly, in the event a landlord is confronted with a defaulting tenant, the landlord should review the lease agreement and determine whether he or she has a Confession of Judgment Clause contained therein. If it is available, it can prove a very effective mechanism or collecting money and/or possession of property.

Whether initially drafting such clauses or seeking to enforce them, extreme care must be taken by the landlord.  Because these provisions provide prompt mechanisms for executing upon a judgment and without need for a trial, the courts routinely require strict adherence to Pennsylvania Law and its civil procedure with respect to their interpretation and enforcement.  In summary, if carefully drafted and strictly followed, these clauses provide a landlord with one of the more effective remedies available to him or her when dealing with a defaulting tenant.

For more information about Confessions of Judgment, contact our office.

Stephen P. Lagoy

By: Stephen P. Lagoy

As reported in the National Catholic Reporter Online Edition, several sex abuse cases in the Chicago Archdiocese were recently settled through the use of a Comprehensive Mediation Process. To view the article in the National Catholic Reporter about their successful use of arbitration and mediation, click here.

For more information on how alternative dispute resolution could benefit you, contact our office.

By: John K. Fiorillo

In this economic climate, chances are the assessed value of your home is higher than it should be. Your assessment should represent a specified percentage of your property’s fair market value. In Montgomery County, Pennsylvania, properties are supposed to be assessed at 54% of their fair market value. In Chester County, Pennsylvania, properties are supposed to be assessed at 53% of their fair market value. In Delaware County, Pennsylvania, properties are supposed to be assessed at 63.1% of their fair market value. If your current assessment represents a higher percentage of the fair market value, you are a candidate for an annual assessment appeal. An appeal filed now will impact your taxes starting in 2010. The deadline for appealing is rapidly approaching. For Chester and Delaware Counties, the annual appeal deadline is August 1, 2009. The annual appeal deadline for Montgomery County is September 1, 2009. Click here for your county’s assessment website:Delaware County,Pennsylvania, Montgomery County, Pennsylvania,or Chester County, Pennsylvania.

To view an article in the Wall Street Journal on how one property owner in California lowered her tax bill by more than $1,000. Click here.

My office is located in West Chester, Pennsylvania. I am a shareholder in Unruh Turner Burke and Frees. I have successfully helped many Chester, Delaware, and Montgomery County, Pennsylvania residents successfully challenge their property assessments and reduce their real estate tax burden. I would be happy to do the same for you. For more information on whether you are a candidate for an assessment reduction, please contact our office.