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Case Citations [i] (Spring 2026)

handle is hein.ali/retpmrtges0038 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2026 Citations PROPERTY 3D (MORTGAGES) CHAPTER 1. CREATION OF MORTGAGES Introductory Note Pa.Super.2025. Intro. Note quot. in sup. Assignee of seller's interest in an installment land contract for a residential property sued buyer more than 20 years after buyer defaulted on payments under the contract with seller, seeking to eject buyer from the property; buyer counterclaimed, seeking to quiet title to the property. The trial court denied buyer's motion for summary judgment, finding that the contract between seller and buyer was not a mortgage, and awarded ownership and possession of the property to assignee. This court reversed and remanded, holding that, under Pennsylvania law and Restatement Third of Property: Mortgages, the installment land contract between buyer and seller created a mortgage, and that buyer was entitled to an order to quiet title. The court noted that the principles in the Restatement Third of Property: Mortgages sought to identify and articulate legal rules for transactions in which real property was employed as security for an obligation that would meet the needs of the lending industry and provide reasonable protections for borrowers. Zanicky v. Skopow, 339 A.3d 998, 1008-1009. § 1.1 The Mortgage Concept; No Personal Liability Required C.A.10, 2025. Com. cit. in ftn. Lender sued borrower that defaulted on a loan backed by a mortgage on its apartment building. After a bench trial, the district court ruled that borrower breached the loan agreement, and awarded lender a money judgment, which lender sought to enforce by filing a writ of execution and scheduling a foreclosure sale of the building. The district court denied borrower's motion to quash the sale. This court affirmed, holding that lender had a money judgment against borrower, because lender filed an in personam action against borrower for breach of contract, rather than an in rem mortgage foreclosure action, and that lender permissibly enforced that judgment through an execution sale of borrower's building. The court explained that the judgment was entered on the loan, not the mortgage, which according to Restatement Third of Property: Mortgages § 1.1, could take on various forms, each with a different bargain for interests in the property. US Bank NA as Trustee for Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp. v. B R Penn Realty Owner LP, 137 F.4th 104, 109. COPYRIGHT C2026 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.