Strategic Advocacy: An MDK Success Story in Pennsylvania

Being agile encompasses the ability to handle a multitude of residential real estate cases outside of a strict foreclosure setting and the Pennsylvania team did just that. Tasked with handling a conservatorship case resulting from the Covid era, Team MDK, led by Senior Attorney Kimberly Hong, successfully terminated the conservatorship that was previously appointed in a 2021 case under Pennsylvania’s Abandoned and Blighted Conservatorship Act.

By arguing that “pending foreclosure” is not defined in the Conservatorship Act and that the Petition for the Appointment of a Conservator was not properly served on the Plaintiff prior to the hearing being held on the petition, Kimberly, with the assistance of Pennsylvania Practice Group Director, Meredith Wooters, was able to obtain a favorable result for our client. Further expanding on MDK’s arguments, the Judge made a supplementary finding by holding that the Conservatorship Act places an affirmative duty on the Conservator to maintain, safeguard and insure the building and the rights and restrictions that run with the land, and the Conservator of the property in question failed to do just that.

While these actions are becoming more common, they are quite nuanced actions. The MDK Pennsylvania Team has the expertise and a firm understanding of how to handle them, as well as how best to protect our clients from the potentially negative implications of the costs associated with the conservatorships. A tremendous win, this ruling helps confirm the solid footing that our clients have in these situations that they have rights which can be and need to be protected.

Read the full opinion of the Allegheny County Judge here, and a big congratulations to attorneys Kim and Meredith for such a favorable result!

‍