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KMKM LAW GROUP, P.C. | 215-266-8544 (DIRECT LINE | 24/7)

FORFEITURE CASES HOME OWNERS RIGHTS

The Pennsylvania Supreme Court has just decided a new case which will affect thousands of homeowners throughout the Commonwealth. Litigants were asking the higher court to allow Rules of Civil Procedure to apply for motions for Summary Judgment.  The higher court said yes, meaning that a case can be decided by Summary Judgment before it ever goes to a Jury trial. If a client is convicted of a drug offense in the State of Pennsylvania they are subject to the prosecutor forfeiting their home. If a member of the clients family is convicted of drug offense that same house is subject to forfeiture.

Imagine a husband and wife of thirty years living and owning their home when their twenty-something son gets convicted of having drugs. The parents can lose their home. Drastic punishment I say. Before the family could fight the case and have it heard before a Jury. Now the DA will not have to go that far. They can file for what’s called Summary Judgment and win the case on the pleadings, meaning on paper.

It is very important that if this happens to you or a loved one to immediately contact counsel who knows the ins and outs of real estate law, civil defense, and criminal law issues. It is very important to get the right attorney for all of your needs in this very complicated and possibly tragic situation. 

Any questions, call us at 215-423-5500.

Reference: http://www.thelegalintelligencer.com/home/id=1202677660043/Justices-Rule-Forfeiture-Cases-Should-Follow-Civil-Rules?mcode=1202615324574&curindex=2

ARTICLE: BY THOMAS D. KENNY, ESQ.