BUCHANAN v. CENTURY FED. SAV. & LOAN


374 Pa.Super. 1 (1988)

542 A.2d 117

Roger E. BUCHANAN and Dorothy E. Buchanan, His Wife, et al., v. CENTURY FEDERAL SAVINGS AND LOAN ASSOCIATION OF PITTSBURGH, et al. Appeal of Roger BUCHANAN, on Behalf of Himself and All Others.

Supreme Court of Pennsylvania.

Filed April 27, 1988.


Attorney(s) appearing for the Case

Michael P. Malakoff, Pittsburgh, for appellant.

Franklin Poul, Philadelphia, for appellees.

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, ROWLEY, OLSZEWSKI, DEL SOLE, KELLY, POPOVICH and JOHNSON, JJ.


JOHNSON, Judge:

This case presents the question of whether a mortgagor's advance payment to a mortgagee of money in escrow to be used to pay taxes and insurance premiums constitutes a trust. On the facts presented in this case, we find that a trust is created.

At the non-jury trial, the parties stipulated to the following facts. Roger and Dorothy Buchanan purchased a two family residential dwelling located on Dawson Street, Pittsburgh, Pennsylvania, which...

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