MYERS-MACOMBER ENG. v. M.L.W. CONST.


271 Pa.Super. 484 (1979)

414 A.2d 357

MYERS-MACOMBER ENGINEERS, Appellee, v. M.L.W. CONSTRUCTION CORPORATION and HNC Mortgage and Realty Investors, Appellants. Appeal of HNC MORTGAGE AND REALTY INVESTORS.

Superior Court of Pennsylvania.

Filed November 9, 1979.


Attorney(s) appearing for the Case

William F. Martson, Carlisle, for appellants.

Walter W. Wilt, Harrisburg, for appellee.

Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.


WIEAND, Judge:

Does a mortgagee who goes into possession of an incomplete condominium development upon default in the terms of a mortgage by the mortgagor owe a duty to use undistributed mortgage funds to satisfy the mortgagor's unpaid debts? The lower court held that a mortgagee in possession becomes a quasi trustee with a responsibility to satisfy outstanding, job related claims against the mortgagor. We disagree...

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