Bayview Loan Servicing LLC v. Lindsay

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT BAYVIEW LOAN SERVICING LLC, : No. 383 EAL 2016 : Respondent : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : RODGER LINDSAY, : : Petitioner : ORDER PER CURIAM AND NOW, this 7th day of March, 2017, the Petition for Allowance of Appeal is GRANTED with respect to the issue raised, and as presented, by the Petitioner: Whether the Superior Court erred in determining that a homeowner was not the prevailing party because a residential mortgage foreclosure action does not “arise under Act 6” where the homeowner raised defenses to a mortgage foreclosure under Act 6 and the lender then discontinued the mortgage foreclosure action?