STATUTES AND RULES
Registering a Notice of Interest in Real Property for Tax Collection Purposes
53 PA. C.S. § 7193.1. Notice of interest; registration; service.
(a) Any owner of real property located within a city of the first class, any mortgagee thereof or
any person having a lien or claim thereon or interest therein shall register a notice of interest
with the department of the city of the first class responsible for collection of tax and municipal
claims stating his name, residence and mailing address and a description of the real property in
which the person has an interest. A notice of interest shall not be required for any mortgage or
interest otherwise properly recorded in the Office of the Recorder of Deeds provided the
document contains a current address sufficient to satisfy the notice requirements of this section.
The interested party shall file an amended registration as needed.
(b) After the completion and filing of a notice of interest, a city of the first class shall serve all
petitions, rules and other notices required by this act on those interested parties at the registered
address.
(c) A city of the first class may promulgate regulations for the bulk registration of notices of
interest.
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Installment Land Contract Law
68 PA. C.S. § 902. Findings and declaration of policy.
It is hereby determined and declared as a matter of legislative finding that:
1.
Since installment contracts are executory in nature and cover rights and
obligations over an extended period of time prior to final settlement, it is deemed
advisable to clarify and define the nature of the contract and the rights and
obligations of both parties.
2.
It is the intent of this act to provide for an agreement that will be fair and
equitable for both buyer and seller and will protect the buyer from unreasonable
provisions pertaining to installment payments and to define what constitutes
default and to provide remedies for the same and provide proper provisions for
final settlement and delivery of good title to the purchaser.
3.
By reason of the fact that the installment sales agreement is executory in nature
under its terms and final settlement is not contemplated for an extended period
of time, the buyer is entitled to have full information and disclosure of the terms
of his agreement, the status of his account, the balance due on the purchase price
and a statement of the application of his monthly installment with the proper
itemization of what constitutes principal payments and carrying charges during
the existence of the agreement.
68 PA. C.S. § 903. Definitions; application of act.
(a) As used in this act:
1.
“Installment land contract” includes every executory contract for the purchase
and sale of a dwelling situate in any city of the first class or county of the second
class whereby the purchaser is obligated to make six or more installment
payments to the seller after the execution of the contract and before the time
appointed for the conveyance of title to the building.
2.
“Dwelling” means a building or structure situate in any city of the first class or
county of the second class which is wholly or principally used for residential
purposes.
(b) This act shall apply only to installment land contracts entered into after the effective date of
this act and shall apply notwithstanding any provision of a contract inconsistent herewith.
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(c) This act shall not apply to installment land contracts entered into in which the Administrator
of Veterans Affairs, an officer of the United States, is the seller.
68 PA. C.S. § 904. Notice to terminate contract upon purchaser's default.
(a) Whenever default is made in the terms or conditions of any installment land contract by
reason of which default the seller has the right to terminate the contract, the seller shall as a
condition precedent to the exercise of the right serve upon the purchaser a written notice of
termination. The notice shall be served personally by registered mail or by certified mail sent to
the last known address of the purchaser.
(b) The notice shall specify the nature of the default and whenever the default arises out of the
purchaser's failure to keep the premises in good repair pursuant to the provisions of the
installment land contract, the notice shall contain a reasonably specific statement of the items in
disrepair.
(c) The date of termination specified in the notice shall in no case be less than thirty days after
the date upon which service of the notice is made upon the purchaser, in the manner
hereinbefore provided, where default is because of failure to make payment when due.
Whenever default arises because of purchaser's failure to make repairs, the notice shall be no
less than sixty days.
68 PA. C.S. § 905. Seller’s remedies.
(a) In the event of any default by the purchaser in the payment of any installment, any
assessment for public improvements or any sum owed by the purchaser because of repairs
made by the seller and payable by the purchaser pursuant to the terms of the contract, the
remedies of the seller shall be limited to either:
1.
Termination of the contract in accordance with the provisions of section 4 of this
act [§ 904], or
2.
An action for the recovery of the installment, assessment or the expenditure for
repairs made by the seller.
(b) Any seller who has pursued the remedies set forth in clause (2) above may at any
subsequent time, unless the purchaser shall have cured any subsequently declared default,
terminate the contract in accordance with the provisions of section 4 of this act [§ 904].
(c) In any action by a seller, pursuant to subsection (a), clause (2), above, recovery shall be
limited to all installments and assessments for public improvements due prior to the surrender
of the premises by the purchaser, and whenever the purchaser is responsible for repairs, the
value of the repairs made by the seller prior to the surrender and the cost of any actual repairs
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made by the seller, subsequent to the surrender of the premises, which repairs become
necessary by reason of damage done by the buyer or the vandalism of the premises prior to the
actual delivery of possession to the seller.
(d) The seller upon termination of any installment land contract, may maintain an action for
damages for breach of the contract as hereinafter provided, or an action for the recovery of
possession of the property as now provided by law, or both.
(e) In any action by the seller to recover damages for a breach of any installment land contract,
the seller shall be entitled to recover damages for all losses resulting from the breach, including
but not limited to, the excess of the contract price over the market price at the time of breach,
the unpaid installment payment due prior to the surrender of the dwelling by the purchaser, the
value of repairs made by the seller prior to the surrender whenever the purchaser is responsible
for the repairs, and the cost of any actual repairs made by the seller subsequent to the surrender
of the premises which repairs become necessary by reason of damage done by the buyer or the
vandalism of the premises prior to the actual delivery of possession to the seller, and any
assessments for public improvements. The unpaid balance of the purchase price shall not be
considered an item of recoverable damages.
68 PA. C.S. § 906. Action maintainable by defaulting purchaser.
(a) To the extent provided in subsection (b) of this section, any purchaser who has voluntarily
surrendered possession of the premises may maintain an action to recover payments of
principal made on the contract and assessments for public improvements paid by him without
interest on the payments, less any damages sustained by the seller upon the purchaser's default
and his termination of the contract by voluntary surrender of possession of the premises.
(b) If the purchaser paid on account of principal, a sum in excess of twenty-five percent of the
purchase price, he shall be entitled to recover that portion in excess of twenty-five percent less
any other actual damages, as is more specifically set forth in section 5, subsection (e) hereof
suffered and expenditures made by the seller for which the purchaser has assumed liability.
That portion of the purchase price retained by the seller hereunder shall be considered as
liquidated damages covering possible losses sustained for the breach of contract for use and
occupancy and for depreciation and not as a penalty action by the purchaser, must be instituted
within one year from the date of default and such right of action by purchaser shall not be
deemed a cloud on seller's title, nor prevent seller from conveying a clear title because of the
pendency of the action.
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68 PA. C.S. § 907. Implied covenants of the seller.
(a) Any seller entering into an installment land contract shall impliedly covenant that:
1.
Subject to subsection (f) hereof, his title shall be good and marketable during the
entire term of the contract, and
2.
Upon the purchaser's written request at reasonable intervals, no oftener than
once every six months, he shall (I) inform the purchaser in writing of the current
unpaid balance of the purchase price, (ii) furnish the purchaser with a complete
itemization of all components of all installment payments, and (iii) make
available to the purchaser for his inspection all tax and insurance receipts for the
premises and whenever the purchaser is responsible under the contract for
repairs, all bills and receipts therefor.
Seller shall not require purchaser to make settlement until the principal balance
has been reduced by payments on account thereof to a sum not more than
seventy-five percent of the original principal set forth in the installment land
contract, except if seller agrees to take purchaser's money mortgage for the full
balance of the principal then due from a third party, said mortgage to be payable
within a term of not less than ten years.
(b) When any seller fails to perform any of the covenants set forth in subsection (a) hereof, the
purchaser may:
1.
Terminate the contract, or
2.
So long as the seller's default continues, remain in possession under the contract
and tender to the seller each installment payment provided for by the contract,
less that portion which is allocable to principal, when any seller refuses or
neglects to disclose information pursuant to subsection (a), clause (2) hereof, the
purchaser in making his tender may withhold from each installment payment,
that portion which he in good faith estimates as allocable to principal, and when
the seller's default has been remedied the purchaser shall pay to the seller all
sums withheld under this clause.
(c) A purchaser electing either of the remedies set forth in subsection (b) hereof, shall serve a
written notice of his election upon the seller personally or by registered mail or other mail
service, which results in the post office department making a record of delivery and the sender
receiving a receipt signed by the addressee or his agent, evidencing delivery sent to his last
known address and shall with reasonable particularity state the reason for his action and the
remedy he has elected. The notice shall state that on a specified day, not less than sixty days
after service of the notice, the contract shall terminate or that the purchaser shall commence
withholding principal payments whichever is the case, unless prior thereto, the seller shall cure
his default and advise the purchaser thereof in writing, delivered personally to the purchaser or
by registered mail, sent to the last known address of the purchaser.
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(d) Any purchaser not in default who has exercised his right to terminate the contract pursuant
to subsections (b) and (c) hereof, and who has surrendered possession of the premises, may
maintain an action to recover payments of principal made on the contract and assessment for
public improvements paid by him without interest on any payments and other damages as the
purchaser may have suffered.
(e) When the purchaser exercises the option set forth in subsection (b), clause (2) hereof, and
continues to tender each installment payment pursuant thereto, this shall be deemed to be full
performance under the contract until the time that default is cured. Unless the default is cured
the seller shall have no right to terminate the contract or to maintain an action for the balance of
any installment payment.
(f) For the purpose of this section, a title shall be deemed marketable even though there is a lien
or encumbrance affecting it which can be extinguished by the payment of a definitely
ascertainable sum not in excess of the unpaid balance of the purchase price.
(g) When any seller violates subsection (a) hereof, and the seller does not comply with
subsection (a) hereof, within thirty days after written demand therefor by the purchaser, the
purchaser may at any time thereafter terminate the contract on account of uncertainty and may
recover from the seller all installment payments paid, less that portion allocable to taxes, water
and sewer rent and insurance premiums and less the cost of repairs made by the seller if the
purchaser is responsible under the contract for repairs.
68 PA. C.S. § 908. Allocation of monthly payments.
In determining what portion of the monthly installments shall be applied against principal on
account of the purchase price, there shall first be deducted all items authorized under the
agreement of sale, such as taxes, water and sewer rentals, interest on the unpaid balance of
purchase price, cost of all insurance premiums, repairs and assessments authorized under the
terms of the agreement and the net balance thereof shall be applied to principal.
68 PA. C.S. § 909. Existing remedies of purchaser.
The rights granted by this act to any purchaser under any installment land contract, shall be in
addition to and not in derogation of any rights of a purchaser under existing law.
68 PA. C.S. § 910. Incorporation into contracts.
Sections 3,4,5,6,7,8 and 9 of this act [68 PA. C.S. §§ 903-909] shall be deemed to be a part of every
installment land contract entered into after the effective date of this act and each seller shall
incorporate those provisions into every contract.
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Mortgage Satisfaction Act (68 P.S. § 721 (1) – (12))
68 P.S. § 721-6. Notice to satisfy; damages for failure to satisfy
(a) NOTICE TO SATISFY.-- After the entire mortgage obligation as well as all required
satisfaction and recording costs have been paid to the mortgagee, the mortgagor may send a
notice to the mortgagee to present for recording a satisfaction piece to avoid damages.
(b) DELIVERY.-- The notice to satisfy shall be sent to the mortgagee by certified or registered
mail, return receipt requested. The notice shall be sent to the mortgagee at the mortgagee's
address designated in the payoff statement unless the person issuing the notice has actually
received from the mortgagee another name or address to which requests for satisfactions are to
be sent. If no payoff statement is received by the mortgagor or no address is provided in the
payoff statement and the person issuing the notice has received no address to send requests for
satisfactions, the notice to satisfy shall be sent to the address to which the mortgagor has most
recently made payment.
(c) FORM.-- The notice to satisfy shall be in substantially the following form:
NOTICE TO RECORD MORTGAGE SATISFACTION PIECE TO AVOID PENALTY
Date of notice:
To the mortgagee named below:
The party issuing this notice believes that the mortgagee of the
mortgage described below has received full satisfaction and payment
of all amounts secured by the mortgage, including any applicable
satisfaction fee, and that, where applicable, the mortgagee has been
instructed in writing, effective as of the date and time of receipt
of the mortgage payoff figure, to close and decline any further
advances on any open line of credit which was secured by the affected
mortgage. The party issuing this notice hereby requests that the
mortgagee issue and present for recording a satisfaction piece
concerning the mortgage or provide a satisfactory reason why the
mortgage should not be satisfied to the party issuing this notice.
If you do not comply with this notice, you may be liable for
penalties and costs in accordance with the act of December 9, 2002
(P.L.1530, No. 197), known as the Mortgage Satisfaction Act, or the
party issuing this notice may be able to satisfy the mortgage without
your consent.
Name of mortgagor:
Name of mortgagee:
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Name of last assignee:
Date of mortgage:
Amount of mortgage: $
Recorded in County, Pennsylvania, in Book,
Page /instrument number.
Brief description of premises covered by mortgage:
Mortgagee loan number (if known):
Name of party presenting this notice:
Address of party presenting this notice:
Telephone number of party presenting this notice:
(d) PENALTY FOR FAILURE TO SATISFY.-(1) If, within 60 days of the mortgagee's receipt of:
(i) payment of the entire mortgage obligation and all required
satisfaction and recording costs; and
(ii) the first written request by the mortgagor for the satisfaction
piece delivered and in substantially the form described in this
section,
the mortgagee fails to present for recording to the office where the
mortgage was recorded a satisfaction piece as described in section 5
or the mortgage is not otherwise satisfied, the mortgagee shall
forfeit and pay to the mortgagor a penalty in a sum not exceeding the
original loan amount.
(2) In any successful action to recover penalties pursuant to this
section, the mortgagee shall reimburse the mortgagor for costs of the
action, including the mortgagor's reasonable attorney fees.
(3) Any action to enforce the provisions of this section, including any
action to recover amounts due under this section, shall be brought and
maintained in the individual names and shall be prosecuted by persons
entitled to recover under the terms hereof and not in a representative
capacity.
(4) An action under section 6 shall be the exclusive remedy for
damages for failure of a mortgagee to issue and present for recording a
satisfaction piece.
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(5) The delivery of a second or subsequent written request by the
mortgagor for a satisfaction piece shall not give rise to an additional
cause of action under this section.
Actions to Quiet Title
Pa. R. Civ. P. 1061. Conformity to Civil Action. Scope.
(a) Except as otherwise provided in this chapter, the procedure in the action to quiet title
from the commencement to the entry of judgment shall be in accordance with the rules
relating to a civil action.
(b) The action may be brought
(1) to compel an adverse party to commence an action of ejectment;
(2) where an action of ejectment will not lie, to determine any right, lien, title or
interest in the land or determine the validity or discharge of any document,
obligation or deed affecting any right, lien, title or interest in land;
(3) to compel an adverse party to file, record, cancel, surrender or satisfy of record,
or admit the validity, invalidity or discharge of, any document, obligation or deed
affecting any right, lien, title or interest in land; or
(4) to obtain possession of land sold at a judicial or tax sale.
Pa. R. Civ. P. 1062. Venue.
The action may be brought in and only in a county in which the land or a part of the land is
located.
Pa. R. Civ. P. 1063. Commencement of Action.
The action shall be commenced by filing with the prothonotary
(1) a complaint, or
(2) an agreement for an amicable action.
Pa. R. Civ. P. 1066. Form of Judgment or Order.
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(a) The court shall grant appropriate relief upon affidavit that a complaint containing a notice
to defend has been served and that the defendant has not filed an answer, or after a hearing or
trial on the pleadings or merits.
(b) Upon granting relief to the plaintiff, the court
(1) shall order that the defendant be forever barred from asserting any right, lien, title or
interest in the land inconsistent with the interest or claim of the plaintiff set forth in
the complaint, unless the defendant takes such action as the order directs within
thirty days thereafter. If such action is not taken within the thirty-day period, the
prothonotary on praecipe of the plaintiff shall enter final judgment;
(2) shall enter a final judgment that a document, obligation or deed affecting a right,
lien, title or interest in the land is cancelled or is valid, invalid or discharged or that a
copy of a lost plan, document, obligation or deed is an authentic copy;
(3) shall enter a final judgment ordering the defendant, the prothonotary, or the
recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case
may be, any plan, document, obligation or deed determined to be valid, invalid,
satisfied or discharged, and to execute and deliver any document, obligation or deed
necessary to make the order effective; or
(4) shall enter any other order necessary for the granting of proper relief.
Pa. R. Civ. P. 1067. Trial Without Jury.
The trial of actions to quiet title by a judge sitting without a jury shall be in accordance with
Rule 1038.
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Actions in Ejectment
Pa. R. Civ. P. 1051. Conformity to Civil Action.
Except as otherwise provided in this chapter, the procedure in the action of ejectment shall be in
accordance with the rules relating to a civil action.
Pa. R. Civ. P. 1052. Venue.
The action may be brought in and only in a county in which the land or part of the land is
located.
Pa. R. Civ. P. 1055. Pleading More Than One Cause of Action.
The plaintiff may state in the complaint any cause of action for rents, profits or any other
damages which arise from the defendant’s possession of the land.
Pa. R. Civ. P. 1056. Counterclaim. Conditional Verdict.
(a) The defendant may plead a counterclaim which arises from the same transaction or
occurrence or series of transactions or occurrences from which the cause of action arose.
(b) A conditional verdict may be entered in an appropriate case.
Pa. R. Civ. P. 1058. Trial Without Jury.
The trial of actions in ejectment by a judge sitting without a jury shall be in accordance with
Rule 1038.
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§ 3390 Petition for Specific Performance of a Contract
20 PA. C.S. § 3390. Specific performance of contracts.
(a) Application to court. If any person makes a legally binding agreement to purchase or sell
real or personal estate and dies before its consummation, his personal representative shall
have power to consummate it, but if he does not do so, the court, on the application of any
party in interest and after such notice and with such security, if any, as it may direct, in its
discretion, may order specific performance of the agreement if it would have been enforced
specifically had the decedent not died.
(b) Execution and effect of deed or transfer. Any necessary deed or transfer shall be executed
by the personal representative or by such other person as the court shall direct. The title of
any purchaser under an agreement in which the decedent was the vendor shall be the same
as though the decedent had conveyed or transferred such property in his lifetime.
(c) Indexing in judgment or ejectment and miscellaneous indexes. When any petition for
specific performance of an agreement to purchase or sell real estate is filed, the prothonotary
of the court of common pleas where the real estate or any part of it lies, upon the receipt of a
certificate of such fact by the clerk of the court where the petition was filed, shall enter the
petition upon either the judgment or ejectment and miscellaneous indexes against the
defendants as directed by local rules of court and shall certify it as lis pendens in any
certificate of search which he is required to make by virtue of his office.
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Transfer Tax
72 P.S. § 8101-C. Definitions
….
“Value.”
(1) In the case of any bona fide sale of real estate at arm's length for actual monetary worth,
the amount of the actual consideration therefor, paid or to be paid, including liens or other
encumbrances thereon existing before the transfer and not removed thereby, whether or not
the underlying indebtedness is assumed, and ground rents, or a commensurate part thereof
where such liens or other encumbrances and ground rents also encumber or are charged
against other real estate: Provided, That where such documents shall set forth a nominal
consideration, the “value” thereof shall be determined from the price set forth in or actual
consideration for the contract of sale;
(2) in the case of a gift, sale by execution upon a judgment or upon the foreclosure of a
mortgage by a judicial officer, transactions without consideration or for consideration less
than the actual monetary worth of the real estate, a taxable lease, an occupancy agreement, a
leasehold or possessory interest, any exchange of properties, or the real estate of an acquired
company, the actual monetary worth of the real estate determined by adjusting the assessed
value of the real estate for local real estate tax purposes for the common level ratio of
assessed values to market values of the taxing district as established by the State Tax
Equalization Board, or a commensurate part of the assessment where the assessment
includes other real estate;
….
72 P.S. § 8102-C.3. Excluded Transactions.
The tax imposed by section 1102-C shall not be imposed upon:
….
(4) A transfer for no or nominal actual consideration which corrects or confirms a transfer
previously recorded, but which does not extend or limit existing record legal title or interest.
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(5) A transfer of division in kind for no or nominal actual consideration of property passed
by testate or intestate succession and held by cotenants; however, if any of the parties take
shares greater in value than their undivided interest, tax is due on the excess.
(6) A transfer between husband and wife, between persons who were previously husband
and wife who have since been divorced, provided the property or interest therein subject to
such transfer was acquired by the husband and wife or husband or wife prior to the granting
of the final decree in divorce, between parent and child or the spouse of such child, between
brother or sister or spouse of a brother or sister and brother or sister or the spouse of a
brother or sister and between a grandparent and grandchild or the spouse of such
grandchild, except that a subsequent transfer by the grantee within one year shall be subject
to tax as if the grantor were making such transfer.
(7) A transfer for no or nominal actual consideration of property passing by testate or
intestate succession from a personal representative of a decedent to the decedent's devisee or
heir.
….
Phila. Code § 19-1402. Definitions.
….
(7.1) Financially interdependent persons. – Persons who live together as a single household
and who, for at least six months, have agreed to share the common necessities of life and to
be responsible for each other's common welfare.
….
(14)
Value.
(a) In the case of any bona fide sale of real estate at arm’s length for actual monetary
worth, the amount of the actual consideration therefor, paid or to be paid, including liens or
other encumbrances thereon existing before the transfer and not removed thereby, whether
or not the underlying indebtedness is assumed, and ground rents, or a commensurate part
thereof where such liens or other encumbrances and ground rents also encumber or are
charged against other real estate: Provided, that where such documents to be recorded shall
set forth a nominal consideration, the “value” thereof shall be determined from the price set
forth in or actual consideration for the contract of sale;
(b) In the case of a gift of real estate where the transfer is not arms length, sale by
execution upon a judgment or upon the foreclosure of a mortgage by a judicial officer, or
upon a deed in lieu of foreclosure, transactions without consideration or for consideration
less than the actual monetary worth of the real estate, a lease subject to tax pursuant to § 191402(12)(b), an occupancy agreement, a leasehold or possessory interest, any exchange of
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properties, a transfer by merger, consolidation, or acquisition, a transfer effectuated pursuant
to a plan of liquidation and dissolution, or the real estate of an acquired real estate company
or family farm corporation, the actual monetary worth of the real estate as determined by
adjusting the assessed value of the real estate, as determined by the Board of Revision of
Taxes for City real estate tax purposes, for the common level ratio factor for the City as
established by the State Tax Equalization Board: Provided, that the value of real estate
transferred pursuant to a plan of liquidation and dissolution of a corporation or an
association shall not include the proportionate value of the real estate which is attributable to
securities or shares owned by persons who filed a Certificate of Transfer and paid Realty
Transfer Tax upon the acquisition of the securities and shares;
….
Phila. Code § 19-1405. Excluded Transactions.
The tax imposed by Section 19-1403 shall not be imposed upon:
….
(4) A transfer for no or nominal actual consideration which corrects or confirms a transfer
previously recorded, but which does not extend or limit existing record legal title or interest.
(5) A transfer of division in kind for no or nominal actual consideration of property passed
by testate or intestate succession and held by cotenants; however, if any of the parties take
shares greater in value than their undivided interest, tax is due on the excess.
(6) A transfer between husband and wife, between persons who were previously husband
and wife who have since been divorced, provided the property or interest therein subject to
such transfer was acquired by the husband and wife or husband or wife prior to the granting
of the final decree in divorce, between parent and child or the spouse of such child, between
brother or sister or spouse of a brother or sister, between a grandparent and grandchild or
the spouse of such grandchild and between any life partners, except that a subsequent
transfer by the grantee within one year shall be subject to tax as if the grantor were making
such transfer. The parties to any such a transfer shall jointly sign the Philadelphia Real Estate
Transfer Tax Certification Affidavit as issued by the Revenue Department. For purposes of
this paragraph, the term "life partner" shall mean a member of a Life Partnership that is
verified pursuant to § 9-1106(2).
(7) A transfer for no or nominal actual consideration of property passing by testate or
intestate succession from a personal representative of a decedent to the decedent’s devisee or
heir.
….
(28) A transfer between financially interdependent persons, except that a subsequent
transfer by the grantee within one year shall be subject to tax as if the grantor were making
such transfer, and provided such persons first file a sworn affidavit with the Revenue
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Department certifying their status as financially interdependent persons. The Revenue
Department shall by regulation specify any additional evidence such persons must submit to
establish their eligibility for this exemption except where individuals are registered as Life
Partners pursuant to § 9-1106, in which case such registration shall be deemed adequate
evidence of eligibility.
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