Michelle L. Pierro

Senior Counsel

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(412) 594-5519

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Mortgage Foreclosure and Judicial Scrutiny

Michelle L. Pierro, (412) 594-5519, mpierro@tuckerlaw.com

One would think that simply holding a Note and Mortgage, coupled with an affidavit when a loan is in default, would be all the evidence needed to prevail in a mortgage foreclosure action. That used to be the case in our Pennsylvania courts but gone are those days. In recent years, especially following Covid, courts have adopted a more rigid approach, and their scrutiny of a case has evolved.

Recent years have shown in our trial courts that even with all necessary documents to establish a loan and its default, that is not always enough to survive summary judgment. Borrowers, successors-in-interest, and even upset tax sale owners have been successful in defending the default of a loan by merely making simple arguments. These simple objections have foreclosure actions surviving summary judgment and proceeding on to bench trials. What does this mean for the lending institutions? A more comprehensive and aggressive foreclosure from the onset of the action. As the scrutiny increases in our courts, it’s imperative to start the foreclosure on the right foot to ensure success throughout the litigation.

For guidance navigating today’s heightened judicial scrutiny in foreclosure actions, contact Michelle Pierro at mpierro@tuckerlaw.com or (412) 594-5519.

August 28, 2025

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