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Foreclosures in Pennsylvania

2026-03-13T20:09:33Z

Josephdebarberie: /* Federal Tax Liens filed during Mortgage Foreclosure Action */

==Overview==
Mortgages are the only form of security instrument recognized in Pennsylvania. Mortgages must be foreclosed judicially and Pennsylvania does not recognize any kind of self-help foreclosure or eviction. The mortgage foreclosure begins with a Complaint (not a Writ of Summons). Once judgment is entered, a Writ of Execution can be filed which will cause the Property to be scheduled for Sheriff's Sale. 
 
Sheriff's Sales are usually held monthly, but are subject to the schedules of the Sheriffs of the various Counties. Each Sheriff's Office will have it's own procedures for scheduling of sales, and for bidding. Some Counties have switched to online bidding auctions. The auction is open to the public, but cannot be held unless a representative of the Plaintiff is present. There is no right of redemption in any parties once the sale has been completed ("the fall of the hammer") except for those given for federal liens. 
 
Once the sale is finalized, the Sheriff's office will prepare a deed, sometimes called a "Deed Poll" to convey the property to the winning bidder. Title becomes vested in the purchaser at the foreclosure sale when the Sheriff's Deed is recorded. This may take several months in some counties. Actions to eject holdover tenants including the foreclosed borrowers must be pursued in a separate action from the foreclosure. The civil court records in the Prothonotary or its equivalent must be checked even after foreclosure has been completed to ensure that there are no pending ejectment actions.

==Underwriting==
===Foreclosure Action===
Judicial foreclosure of mortgages in Pennsylvania differs in several ways from judicial foreclosure in other states. Review of a judicial foreclosure requires review of the docket of the foreclosure action and some of the filings.
====Documents Required====
Note: This list is not exhaustive and other documents may need to be reviewed in a particular case.
* Full copy of Docket
* Complaint & Exhibits, and any Amended Complaints
* Affidavits of Service of Complaint (or Order and Proofs of Service)
* Judgment
** Default judgment with 10-day Notices, OR
** Motion for Summary Judgment with Certificate of Service, and final Order granting judgment, OR
** Verdict and Praecipe to reduce verdict to judgment
* Writ of Execution with Legal Description of Property
* 3129.1 Affidavit and any Amended Affidavits
* Affidavits of Service of Notice of Sale on Defendants
* Affidavits of Service of Notice of Sale on Lienholders (with proofs of mailing)
* Sheriff’s Proposed Schedule of Distribution (if available)
* Recorded Sheriff’s Deed (if available)
* Any Orders related to local mediation/conciliation programs imposing or lifting stays (if applicable)
* Any Orders postponing the Sheriff’s Sale (if applicable)
* Any Notices of bankruptcy filings or relief/discharge/dismissal (if applicable)

====Complaint and Service====
* Pre-foreclosure Notices sent at least 33-days prior to Complaint filing (Act 6 – 41 PS 403; Act 91 – 35 P.S. 1680) – usually attached to Complaint as an Exhibit or averred in body of Complaint 
 
Note: If Act Notice was sent between 5/7/20 – 9/1/20, or 33 days expired during that timeframe, make sure to check for COVID compliance.

* Complaint filed in the Court of Common Pleas of the County where any part of Property is located
** All Mortgagors named as Defendants
** All record owners named as Defendants
** Personal Representatives, Heirs, or Devisees of deceased Mortgagors named unless released in Complaint<ref>See [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1000/s1144.html&d=reduce Rule 1144]. </ref>
** IRS/USA named if junior federal lien to be divested
** Mortgage information listed
** Chain of Assignments from original Lender to current Plaintiff, if applicable
 
Note: Except for the IRS/USA, junior lienholders are not made Defendants to the action, but will be served with Notice of Sale, below. 
 
Note: A Lis Pendens is not filed in mortgage foreclosure actions, but the judgment will relate back to the recording of the mortgage for purposes of priority.
 
* Service of Complaint on all Defendants
** Personal Service, OR
** Substituted Service (Order of Court) 
 
Note: Cannot serve by mail within PA without Order authorizing service by mail 
 
Note: If the USA is named as a Defendant to divest a junior lien, USA must be served with the Complaint to both the Attorney General in Washington, D.C. and the local district attorney’s office (Eastern, Middle, or Western) of where Property is located. See 28 U.S.C. § 2410(b).

====Judgment====
* Judgment filed
** If '''Default''': 10-day Notices sent at least 21 days after Service complete and 11 days before Judgment was entered; Verification of Non-Military Service filed with judgment. Note: If USA is named as a Defendant, they have 60 days to answer. See 28 U.S.C. § 2410(b)
** If '''Summary''': final order entered and appeal not filed within 30 days or appeal disposed of
** If '''Verdict''' after trial: no post-trial motions filed within 10 days, or motions disposed of; reduced to judgment by Praecipe; appeal not filed within 30 days or appeal disposed of

====Writ of Execution and Notice of Sheriff's Sale====
* Writ of Execution filed 
 
Note: Any liens/interests obtained after the filing of the Writ do not require notice as long as the Sale was properly postponed according to the Rules of Civil Procedure. If the Sale is stayed and a new Writ is issued, the new Writ date would control. Important to determine the correct Writ date for the Sale that was actually held because multiple Writs can appear on a docket.

* Notice of Sheriff’s Sale on Defendants and Owners
** Personal service
** Substituted Service (Order of Court)
** At least 30 days before sale
 
Note: If an Order was already entered authorizing alternate service of the Complaint, it may apply again to the Notice of Sale without getting another Order. See terms of Order. 
 
Note: Anyone obtaining ownership of the Property after the Complaint is filed does not need to be served with the Complaint or made a Defendant in the action, but must be served with Notice of Sale if their ownership was recorded before the Writ of Execution was filed.

* Notice of Sheriff’s Sale on Lienholders
** 3129.1 Affidavit filed
** Notices sent by regular mail (with proof of mailing)
** At least 30 days before sale 
 
Note: Not all liens that are sent Notice can be divested, they must also be junior in priority to the foreclosing mortgage and not otherwise protected from divestment (i.e. Commonwealth liens, tax liens, municipal liens). Many foreclosure attorneys will send more notices than needed, or for liens that cannot be divested, and to government entities which may or may not have divestible liens on the property. 
 
* Notice of Sheriff’s Sale Generally (Applicable to all sales)
** Posting of handbills at Property by Sheriff
** Advertisement by Sheriff
*** 1 general circulation
*** 1 legal publication
*** 1/week for 3 weeks
*** starting (1st publication) at least 21 days before sale 
 
Note: A Sheriff’s sale may only be continued twice within 130 days of the original sale date without sending new notices, as long as the Notice of Continued Sale is filed on the docket. If a sale is postponed more than twice or longer than 130 days, Court approval is needed to waive additional service. Some Judges will require the Plaintiff to re-serve all parties with the new sale date. Any postponement Orders must be reviewed to determine if new service was required. 
 

* Rule 3129.2 Affidavit attesting to completion of service filed on docket with necessary proofs, or Amended Affidavit, as applicable

====Post Sheriff's Sale====
* Sheriff’s Proposed Schedule of Distribution Filed within 30 days of Sale
* Exceptions/Objections not filed within 10 days of Proposed Schedule or Exceptions/Objections disposed of, including any appeals 
 
* Recording and review of Sheriff’s Deed
* No Motions/Petitions to Set Aside Sale filed before recording of Sheriff’s Deed or all Motions/Petitions disposed of, including any appeals
* No Motions/Petitions to Set Aside Sale filed within 6 months of the recording of the Sheriff’s Deed or all Motions/Petitions disposed of, including any appeals 
 
Note: If the USA was named as a defendant, they have 120 days to redeem if it was an IRS tax lien, and one (1) year to redeem for all other liens. See 28 U.S.C. § 2410(c) 
 
* Property vacant or any ejectment actions successfully completed 
 
Note: If ejectment action shows activity after 3/1/20, COVID moratorium compliance must be checked as eviction/dispossession requirements were often heightened or extended over foreclosure/sale requirements. 
 
If Seller is the foreclosing lender and different from Plaintiff in Complaint
* Chain of Assignments from Plaintiff to current owner
* Assignment of Bid from Writ Plaintiff to current owner
* Current owner is a government-sponsored entity ("GSE") (FNMA, HUD, FHLMC, VA, etc.) 
 
Note: Although rare, a Plaintiff in mortgage foreclosure may proceed to obtain a deficiency judgment against the Borrower/debtor by following the procedures of the Deficiency Judgment Act. This begins with filing a Petition to Fix Fair Market Value in the foreclosure action within 6 months of the sale. Normally, this should not affect title to the foreclosed property because any deficiency judgment would be in personam against the debtor and not attach to the foreclosed property which has already been sold.

====Bankruptcy====
Note: Due to the provisions of the automatic stay, any bankruptcy filing will stay a foreclosure whether or not notice is received by the foreclosure Plaintiff or their attorney. A bankruptcy filing made 10 minutes before a Sheriff's Sale starts would invalidate that sale. In such a scenario, the Sheriff's Sale should be set aside and any Sheriff's Deed stricken before a resale is held. Most foreclosure attorneys will note the time when the Sale started or when the specific property was sold. Likewise, a bankruptcy filed after the Sale was held, but before the Sheriff's Deed was recorded would stay the recording. The recording of the Sheriff's Deed is the final act of the foreclosure process.
* If bankruptcies filed during foreclosure, for each bankruptcy, either stay was lifted or BK was dismissed before FC continued.

====Effect of Foreclosure====
* Foreclosed Mortgage no longer a lien, even if still showing as open (the judgment merges with the Mortgage as a matter of law).
* Defendants no longer own Property
* Equitable ownership is vested in highest bidder when hammer falls at the Sheriff’s sale, complete legal title vested when Sheriff’s Deed is recorded.
* New owner’s right of possession does not begin until Sheriff’s Deed is recorded.
* Separate action is required to remove holdover tenants (if needed)
* Junior Liens divested (if given proper Notice)
* Municipal and Commonwealth Liens may only be divested if actually paid as part of the Sheriff's distribution
* Senior Liens (and any junior liens without proper Notice), survive sale. A Plaintiff can also make their sale subject to any other liens or interests of record, even if those liens would normally be divested.
* No right of redemption, but Statute of Limitations to file a petition to set aside a judicial sale is 6 months. After recording of Sheriff’s Deed, grounds for attacking a foreclosure sale are limited.

====Unusual Scenarios====
Interests in Property that are more than just liens can potentially trigger the obligation to name the holder of the interest as a Defendant; changes or errors in the legal description can cause the Sheriff's Deed to contain too much or too little land. Be wary of:
*Options to Purchase
*Installment Land Sale Contracts
*Easements, especially recorded post-mortgage
*Outsale conveyances, especially without a release of Mortgage if the land is still included in the foreclosure

===Redemption===
Pennsylvania law does not recognize a general right of redemption after the "fall of the hammer" of the Sheriff's Sale in a mortgage foreclosure action. Certain federal laws, discussed below, grant the United States a right of redemption on properties which the USA claims an interest.

===Federal Liens===

====Senior Federal Liens====

Federal liens which are recorded prior to the mortgage cannot be divested by foreclosure unless expressly agreed to by the federal government. See 28 USC 2410(c). There is an exception for federal tax liens and purchase money mortgages: If a federal tax lien is recorded against a grantee prior to obtaining the property, that federal tax lien attaches to the after-acquired property. However, if the grantee obtains a purchase-money mortgage to obtain the property, the purchase-money mortgage takes priority over the previously recorded federal tax lien in relation to that property. See [https://www.irs.gov/pub/irs-pdf/p785.pdf IRS Publication 785 (10-2005)]. So if a purchase-money mortgage is foreclosed, it may divest a "senior" federal tax lien if the procedure below is followed.

====Junior Federal Liens====
If a federal lien is filed after the foreclosed mortgage was recorded, or the lien is considered junior to a purchase-money mortgage or through subordination, the United States must be made a defendant to the mortgage foreclosure action under [https://www.law.cornell.edu/uscode/text/28/2410 28 USC § 2410] in order to divest the federal lien. This is unusual under Pennsylvania law where other lienholders are not made party to the action. In addition, these requirements must be followed:

*The Complaint shall set forth with particularity the nature of the interest or lien of the United States;
*If it is an IRS lien, the complaint shall include (1) the name and address of the taxpayer whose liability created the lien and, (2) if a notice of the tax lien was filed, the identity of the internal revenue office which filed the notice, and the date and place such notice of lien was filed;
*Service of the Complaint must be made on both (1) upon the United States attorney for the district in which the action is brought or upon an assistant United States attorney or clerical employee designated by the United States attorney in writing filed with the clerk of the court in which the action is brought and (2) by sending copies of the process and complaint, by registered mail, or by certified mail, to the Attorney General of the United States at Washington, District of Columbia;
*The USA is given 60 days to file an answer
*If the lien is an IRS lien, the USA has 120 days from the sale to redeem the property;
*For all other federal liens, the USA has 1 year from the sale to redeem the property.

====Federal Tax Liens filed during Mortgage Foreclosure Action====
If a federal tax lien is filed during a mortgage foreclosure action, the action will divest the lien according to local law. See [https://www.law.cornell.edu/uscode/text/26/7425 26 USC § 7425]; Tres. Reg. § 301.7425-1(c); [https://www.irs.gov/irm/part5/irm_05-017-005#idm139671782209712 Internal Revenue Manual 5.17.5.19.1]; IRM 5.17.2.8.2.2). Therefore, the procedure of 28 USC § 2410 does not need to be followed. However, Notice of the Sheriff's Sale must still be sent as though the federal tax lien were like any other junior lien on the Property.

== COVID-19 Moratoria ==
=== Federal ===
==== CARES Act ====
'''March 20, 2020 - July 31, 2021''' 
*Applies to federally-backed mortgages
*Excepts vacant/abandoned properties
 
See [https://wfgunderwriting.com/wp-content/uploads/filebase/national/bulletins/NB%202021-02%20CARES%20Act%20Moratorium%20on%20Foreclosures%20%E2%80%93%20Insuring%20Foreclosed%20Properties,%20CARES%20Act,%20Foreclosure%20Moratorium,%20Eviction%20Moratorium,%20State%20and%20Local%20Moratoriums.pdf WFG Underwriting Bulletin NB 2021-02 (March 12, 2021)] 
 
===== Cases Applying or Interpreting the CARES Act as Related to Mortgage Foreclosures =====
* [https://www.westlaw.com/Document/I1fb23480e2d711ea9b80ec4c207131a3/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0 United States v. Townsend, No. 1:20-CV-00004, 2020 WL 4819931 (M.D. Pa. Aug. 19, 2020)] - federal foreclosure action, only notes that property is vacant as shown by service on defendants at alternate address, therefore CARES Act moratorium does not apply

==== CFPB Final Covid Rule ====
'''August 1, 2021 - January 1, 2022'''
*Technically effective August 31, 2021, but some servicers, such as FNMA and FHLMC, began complying on August 1 to avoid gap from CARES Act
*Applies to most servicers
*Applies to loans secured by principal residences (i.e. not investment properties or 2nd homes)
*Does not apply to reverse mortgages
*Excepts mortgages that were more than 120 days in default prior to March 1, 2020
*Excepts cases where Statute of Limitations would expired before January 1, 2022
*Can proceed if certain safeguards are met (proof may not be available from docket and may require supporting documentation directly from the foreclosure attorney or the lender)
 
See [https://www.consumerfinance.gov/rules-policy/final-rules/protections-for-borrowers-affected-by-covid-19-under-respa/ Final Rule under RESPA Regulation X]
====FHFA Foreclosure Moratorium====
'''3/18/20-7/31/21 (9/30/21 for evictions)'''
*Applies to FNMA/FHLMC single-family mortgages
*Does not apply to vacant or abandoned properties. 
 
See FHLMC Bulletin 2021-23; FNMA Lender Letter LL-20-21-02

=== State ===
====Governor's Executive Order====
'''5/7/20-8/31/20'''
*Applies to '''Act 6/Act 91 pre-foreclosure Notices'''
** a) If Notice was sent during timeframe, it was considered sent on 9/1/20, so earliest date that new foreclosure Complaints could be filed was 10/5/20
** b) If Notice was sent before timeframe, but would have expired during moratorium, time is added after 9/1/20 (i.e., if Notice had 10 days remaining, it would extend to 9/11/20).
** c) If Notice expired prior to timeframe, then action could proceed 9/1/20 subject to judicial and local orders.
*Does not apply to foreclosures already filed

====Supreme Court Judicial Emergency====
'''3/19/20-6/1/20'''
*Prohibits dispossession (eviction/ejectment)
*Extends deadlines for filing some papers
*Local Orders continue to be effective until 6/21/21

=== Local ===
https://www.pacourts.us/ujs-coronavirus-information 
Note: Supreme Court Order 6/21/21 terminated general authorization to declare local judicial emergencies

====Allegheny County====
'''March 16, 2020 - September 7, 2021'''
*Filing deadlines tolled 3/16/20 - 6/1/20
*Sheriff's Sales postponed 4/6/20 - 6/1/20
*No Sale June 2021
*All July-August 2021 Sales continued to 9/7/21 (See 6/2/21 Order on docket 23 WM 2020) '''UNLESS'''
**judgment was entered before 1/1/20, OR
**property is vacant or non-owner occupied and an Affidavit is filed on docket, OR
**Court Order is entered allowing sale in July or August, OR
**Property is commercial or undeveloped land 
 
https://www.alleghenycourts.us/administration/EmergencyOperations.aspx

====Bucks County====
'''March 17, 2020 - April 9, 2021'''
*All filing deadlines tolled 3/19/20 - 5/8/20 (Order 2020-1; 2020-13.1)
*'''No judgments could be entered 3/19/20 - 5/31/20''', unless by Court Order (Order 2020-4)
*'''No Writs could issue 3/19/20 - 5/31/20''', unless by Court Order (Order 2020-6)
*Most Sheriff's Sales postponed 4/9/20 - 4/9/21, advertisement waived, '''new mailings required'''; Sheriff's sales moved to online starting April 2021
**Some sales held June-July, September-December 2020 
 
https://www.buckscounty.gov/713/Emergency-Orders 
https://www.buckscounty.gov/565/Sheriff-Sales-Listings 

==== Delaware County ====
'''March 20, 2020 - April 16, 2021'''

By various Emergency Court Orders, all Sheriff's Sales were postponed from March 20, 2020 until April 16, 2021. New Notice under 3129.2 was specifically NOT required. 
 
See [https://delcopa.gov/sheriff/realestate.html Orders] listed on Sheriff's website.

====Montgomery County====
'''March 12, 2020 - October 28, 2020'''
*All filing deadlines tolled 3/12/20 - 6/15/20
*All Sheriff's Sales postponed after 2/26/20 to 10/28/20; moved to online after this point. 
 
https://www.montcopa.org/3525/COVID-19-Emergency-Orders 
https://www.montcopa.org/1374/Real-Estate-Sale-Dates 

==== Philadelphia County ====
'''March 17, 2020 - August 31, 2021'''

By administrative Orders, in residential mortgage foreclosure actions, where the Sheriff's Sale was originally scheduled between March 17, 2020 and August 31, 2021, a special Motion must be filed to obtain Court permission to proceed to sale after September 1, 2021. The Motion should set forth the basis why the Property does not fall under a moratorium. The Motion and Order should be reviewed. Ostensibly, sales originally scheduled for after September 1, 2021 (or sales that were stayed and then re-scheduled after September 1, 2021 by filing of a new Writ of Execution) were not subject to this procedure, but the action may otherwise violate a local, state, or federal moratoria (such as the filing of the Complaint or entry of Judgment). 
 
See [https://www.courts.phila.gov/covid-19/ Admin. Orders 18, 20 of 2021].

==Cross Reference==
For Sheriff's Sales held in execution under civil money judgments that are not mortgage foreclosures, see [[Civil Money Judgments in Pennsylvania]]

Real Estate Broker Liens in Pennsylvania

2026-01-02T21:32:03Z

Josephdebarberie: /* General Principles */

=Citation=
Commercial Real Estate Broker Lien Act, 68 P.S. §§ 1051-1064

=Overview=
Brokers, unless employed by another broker, have a lien in the amount of their agreed-upon compensation on commercial real estate or any interest in that commercial real estate when the listing broker has provided services and obtained a willing purchaser, or is entitled to compensation under a written agreement while representing the buyer.<ref>68 P.S. § 1053</ref> However, the statute requires recording of notices of the lien before it attaches to the real estate.

=Underwriting=
When the broker represents the seller, the lien arises when the prospective buyer is procured, or when they are otherwise entitled to compensation under the written agreement, AND when a notice of lien is recorded in the office of the prothonotary of the county where the real estate is located - PRIOR to the actual conveyance or transfer of the commercial real estate.<ref>68 P.S. § 1056(a)</ref> Therefore, any recorded notices of lien prior to the conveyance must be paid and satisfied. If the notice is not recorded prior to the conveyance deed, then the lien is lost.<ref>68 P.S. § 1056(g)</ref> 
 
When the broker represents the buyer, they have until 90 days after the conveyance to record the lien.<ref>68 P.S. § 1056(c)</ref> However, any lien would be an act of the Insured Owner, post-policy, or otherwise excluded from coverage. 
 
The priority of the broker's lien is expressly subject to all mortgages, regardless of the date recorded.<ref>68 P.S. § 1059</ref> Therefore, satisfaction of any lien claims should not be necessary when insuring purchase-money or refinance mortgages. 
 

=General Principles=
"Commercial real estate" is defined as ALL real estate, other than: real estate containing 1-4 residential units, real estate zoned for agricultural purposes and not subject to an agreement of sale contingent upon rezoning for nonagricultural purposes.<ref>68 P.S. § 1052</ref> The term also does not include single-family units such as condominiums, townhouses or homes in a subdivision conveyed on a unit-by-unit basis even, though these units may be part of a larger building or parcel of real estate containing more than four residential units.<ref>68 P.S. § 1052</ref> 
 
The lien is only in favor of the broker, even if another person furnishes labor or materials which result in procurement of the buyer.<ref>68 P.S. § 1055</ref> 
 
If the real estate is located in more than one county, a filed lien is only effective against the part of the real estate in that county.<ref>68 P.S. § 1056(d)</ref> 
 
At least 3 days before recording a notice of lien, the broker must give written notice to both the owner and prospective buyer of their intention to claim a lien by registered or certified mail.<ref>68 P.S. § 1056(f)</ref> 
 
If the sale does not occur due to no fault of the owner, a recorded lien shall be satisfied of record by the broker.<ref>68 P.S. § 1056(h)</ref> 
 
Waiver of the right to lien in advance is not allowed.<ref>68 P.S. § 1061</ref>

=Remedies and Solutions=
If a broker refuses to satisfy a lien, the owner may demand the filing of a Complaint or commence an action against the broker seeking satisfaction or striking of the lien.<ref>68 P.S. § 1056(h)</ref> If the Court finds the lien was filed in bad faith or the refusal to satisfy was made in bad faith, the Court shall award the owner reasonable expenses including attorneys fees.<ref>68 P.S. § 1056(h)</ref> 
 
An owner may file a praecipe to cause the broker to file their complaint within 20 days of service or risk extinguishment of the lien.<ref>68 P.S. § 1058(f)</ref> 
 
If the broker fails to commence proceedings to enforce the lien within two years after recording the lien, the lien shall be extinguished.<ref>68 P.S. § 1058(c)</ref> If the lien is based on an option to purchase, the broker has 6 months from conveyance to commence proceedings.<ref>68 P.S. § 1058(d)</ref> 
 
If the filing of a lien would prevent a transaction from closing, an escrow shall be established and the broker must provide a release of lien, unless the parties (including the broker) can agree on an alternative resolution.<ref>68 P.S. § 1060</ref> The owner can also apply to the Court for a discharge by depositing funds with the Court.<ref>68 P.S. § 1061</ref> The Court can also approve alternate security in lieu of cash in double the amount required.<ref>68 P.S. § 1061</ref>

Real Estate Broker Liens in Pennsylvania

2026-01-02T21:31:42Z

Josephdebarberie: /* Underwriting */

=Citation=
Commercial Real Estate Broker Lien Act, 68 P.S. §§ 1051-1064

=Overview=
Brokers, unless employed by another broker, have a lien in the amount of their agreed-upon compensation on commercial real estate or any interest in that commercial real estate when the listing broker has provided services and obtained a willing purchaser, or is entitled to compensation under a written agreement while representing the buyer.<ref>68 P.S. § 1053</ref> However, the statute requires recording of notices of the lien before it attaches to the real estate.

=Underwriting=
When the broker represents the seller, the lien arises when the prospective buyer is procured, or when they are otherwise entitled to compensation under the written agreement, AND when a notice of lien is recorded in the office of the prothonotary of the county where the real estate is located - PRIOR to the actual conveyance or transfer of the commercial real estate.<ref>68 P.S. § 1056(a)</ref> Therefore, any recorded notices of lien prior to the conveyance must be paid and satisfied. If the notice is not recorded prior to the conveyance deed, then the lien is lost.<ref>68 P.S. § 1056(g)</ref> 
 
When the broker represents the buyer, they have until 90 days after the conveyance to record the lien.<ref>68 P.S. § 1056(c)</ref> However, any lien would be an act of the Insured Owner, post-policy, or otherwise excluded from coverage. 
 
The priority of the broker's lien is expressly subject to all mortgages, regardless of the date recorded.<ref>68 P.S. § 1059</ref> Therefore, satisfaction of any lien claims should not be necessary when insuring purchase-money or refinance mortgages. 
 

=General Principles=
"Commercial real estate" is defined as ALL real estate, other than: real estate containing 1-4 residential units, real estate zoned for agricultural purposes and not subject to an agreement of sale contingent upon rezoning for nonagricultural purposes.<ref>68 P.S. § 1052</ref> The term also does not include single-family units such as condominiums, townhouses or homes in a subdivision conveyed on a unit-by-unit basis even, though these units may be part of a larger building or parcel of real estate containing more than four residential units.<ref>68 P.S. § 1052</ref> 
 
The lien is only in favor of the broker, even if another person furnishes labor or materials which result in procurement of the buyer.<ref>68 P.S. § 1055</ref> 
 
If the real estate is located in more than one county, a filed lien is only effective against the part of the real estate in that county.<ref>68 P.S. § 1056(d)</ref> 
 
At least 3 days before recording a notice of lien, the broker must give written notice to both the owner and prospective buyer of their intention to claim a lien by registered or certified mail.<ref>68 P.S. 1056(f)</ref> 
 
If the sale does not occur due to no fault of the owner, a recorded lien shall be satisfied of record by the broker.<ref>68 P.S. § 1056(h)</ref> 
 
Waiver of the right to lien in advance is not allowed.<ref>68 P.S. § 1061</ref>

=Remedies and Solutions=
If a broker refuses to satisfy a lien, the owner may demand the filing of a Complaint or commence an action against the broker seeking satisfaction or striking of the lien.<ref>68 P.S. § 1056(h)</ref> If the Court finds the lien was filed in bad faith or the refusal to satisfy was made in bad faith, the Court shall award the owner reasonable expenses including attorneys fees.<ref>68 P.S. § 1056(h)</ref> 
 
An owner may file a praecipe to cause the broker to file their complaint within 20 days of service or risk extinguishment of the lien.<ref>68 P.S. § 1058(f)</ref> 
 
If the broker fails to commence proceedings to enforce the lien within two years after recording the lien, the lien shall be extinguished.<ref>68 P.S. § 1058(c)</ref> If the lien is based on an option to purchase, the broker has 6 months from conveyance to commence proceedings.<ref>68 P.S. § 1058(d)</ref> 
 
If the filing of a lien would prevent a transaction from closing, an escrow shall be established and the broker must provide a release of lien, unless the parties (including the broker) can agree on an alternative resolution.<ref>68 P.S. § 1060</ref> The owner can also apply to the Court for a discharge by depositing funds with the Court.<ref>68 P.S. § 1061</ref> The Court can also approve alternate security in lieu of cash in double the amount required.<ref>68 P.S. § 1061</ref>

Real Estate Broker Liens in Pennsylvania

2026-01-02T21:23:30Z

Josephdebarberie: /* General Principles */

=Citation=
Commercial Real Estate Broker Lien Act, 68 P.S. §§ 1051-1064

=Overview=
Brokers, unless employed by another broker, have a lien in the amount of their agreed-upon compensation on commercial real estate or any interest in that commercial real estate when the listing broker has provided services and obtained a willing purchaser, or is entitled to compensation under a written agreement while representing the buyer.<ref>68 P.S. § 1053</ref> However, the statute requires recording of notices of the lien before it attaches to the real estate.

=Underwriting=
When the broker represents the seller, the lien arises when the prospective buyer is procured, or when they are otherwise entitled to compensation under the written agreement, AND when a notice of lien is recorded in the office of the prothonotary of the county where the real estate is located - PRIOR to the actual conveyance or transfer of the commercial real estate.<ref>68 P.S. § 1056(a)</ref> Therefore, any recorded notices of lien prior to the conveyance must be paid and satisfied. If the notice is not recorded prior to the conveyance deed, then the lien is lost.<ref>68 P.S. § 1056(g)</ref> 
 
When the broker represents the buyer, they have until 90 days after the conveyance to record the lien.<ref>68 P.S. § 1056(c)</ref> However, any lien would be an act of the Insured Owner, post-policy, or otherwise excluded from coverage. 
 
The priority of the broker's lien is expressly subject to all mortgages, regardless of the date record.<ref>68 P.S. § 1059</ref> Therefore, satisfaction of any lien claims should not be necessary when insuring purchase-money or refinance mortgages. 
 

=General Principles=
"Commercial real estate" is defined as ALL real estate, other than: real estate containing 1-4 residential units, real estate zoned for agricultural purposes and not subject to an agreement of sale contingent upon rezoning for nonagricultural purposes.<ref>68 P.S. § 1052</ref> The term also does not include single-family units such as condominiums, townhouses or homes in a subdivision conveyed on a unit-by-unit basis even, though these units may be part of a larger building or parcel of real estate containing more than four residential units.<ref>68 P.S. § 1052</ref> 
 
The lien is only in favor of the broker, even if another person furnishes labor or materials which result in procurement of the buyer.<ref>68 P.S. § 1055</ref> 
 
If the real estate is located in more than one county, a filed lien is only effective against the part of the real estate in that county.<ref>68 P.S. § 1056(d)</ref> 
 
At least 3 days before recording a notice of lien, the broker must give written notice to both the owner and prospective buyer of their intention to claim a lien by registered or certified mail.<ref>68 P.S. 1056(f)</ref> 
 
If the sale does not occur due to no fault of the owner, a recorded lien shall be satisfied of record by the broker.<ref>68 P.S. § 1056(h)</ref> 
 
Waiver of the right to lien in advance is not allowed.<ref>68 P.S. § 1061</ref>

=Remedies and Solutions=
If a broker refuses to satisfy a lien, the owner may demand the filing of a Complaint or commence an action against the broker seeking satisfaction or striking of the lien.<ref>68 P.S. § 1056(h)</ref> If the Court finds the lien was filed in bad faith or the refusal to satisfy was made in bad faith, the Court shall award the owner reasonable expenses including attorneys fees.<ref>68 P.S. § 1056(h)</ref> 
 
An owner may file a praecipe to cause the broker to file their complaint within 20 days of service or risk extinguishment of the lien.<ref>68 P.S. § 1058(f)</ref> 
 
If the broker fails to commence proceedings to enforce the lien within two years after recording the lien, the lien shall be extinguished.<ref>68 P.S. § 1058(c)</ref> If the lien is based on an option to purchase, the broker has 6 months from conveyance to commence proceedings.<ref>68 P.S. § 1058(d)</ref> 
 
If the filing of a lien would prevent a transaction from closing, an escrow shall be established and the broker must provide a release of lien, unless the parties (including the broker) can agree on an alternative resolution.<ref>68 P.S. § 1060</ref> The owner can also apply to the Court for a discharge by depositing funds with the Court.<ref>68 P.S. § 1061</ref> The Court can also approve alternate security in lieu of cash in double the amount required.<ref>68 P.S. § 1061</ref>

Real Estate Broker Liens in Pennsylvania

2026-01-02T21:22:23Z

Josephdebarberie: /* Remedies and Solutions */

=Citation=
Commercial Real Estate Broker Lien Act, 68 P.S. §§ 1051-1064

=Overview=
Brokers, unless employed by another broker, have a lien in the amount of their agreed-upon compensation on commercial real estate or any interest in that commercial real estate when the listing broker has provided services and obtained a willing purchaser, or is entitled to compensation under a written agreement while representing the buyer.<ref>68 P.S. § 1053</ref> However, the statute requires recording of notices of the lien before it attaches to the real estate.

=Underwriting=
When the broker represents the seller, the lien arises when the prospective buyer is procured, or when they are otherwise entitled to compensation under the written agreement, AND when a notice of lien is recorded in the office of the prothonotary of the county where the real estate is located - PRIOR to the actual conveyance or transfer of the commercial real estate.<ref>68 P.S. § 1056(a)</ref> Therefore, any recorded notices of lien prior to the conveyance must be paid and satisfied. If the notice is not recorded prior to the conveyance deed, then the lien is lost.<ref>68 P.S. § 1056(g)</ref> 
 
When the broker represents the buyer, they have until 90 days after the conveyance to record the lien.<ref>68 P.S. § 1056(c)</ref> However, any lien would be an act of the Insured Owner, post-policy, or otherwise excluded from coverage. 
 
The priority of the broker's lien is expressly subject to all mortgages, regardless of the date record.<ref>68 P.S. § 1059</ref> Therefore, satisfaction of any lien claims should not be necessary when insuring purchase-money or refinance mortgages. 
 

=General Principles=
"Commercial real estate" is defined as ALL real estate, other than: real estate containing 1-4 residential units, real estate zoned for agricultural purposes and not subject to an agreement of sale contingent upon rezoning for nonagricultural purposes.<ref>68 P.S. § 1052</ref> The term also does not include single-family units such as condominiums, townhouses or homes in a subdivision conveyed on a unit-by-unit basis even, though these units may be part of a larger building or parcel of real estate containing more than four residential units.<ref>68 P.S. § 1052</ref> 
 
The lien is only in favor of the broker, even if another person furnishes labor or materials which result in procurement of the buyer.<ref>68 P.S. § 1055</ref> 
 
If the real estate is located in more than one county, a filed lien is only effective against the part of the real estate in that county.<ref>68 P.S. § 1056(d)</ref> 
 
At least 3 days before recording a notice of lien, the broker must give written notice to both the owner and prospective buyer of their intention to claim a lien by registered or certified mail.<ref>68 P.S. 1056(f)</ref> 
 
If the sale does not occur due to no fault of the owner, a recorded lien shall be satisfied of record by the broker.<ref>68 P.S. § 1056(h)</ref>

=Remedies and Solutions=
If a broker refuses to satisfy a lien, the owner may demand the filing of a Complaint or commence an action against the broker seeking satisfaction or striking of the lien.<ref>68 P.S. § 1056(h)</ref> If the Court finds the lien was filed in bad faith or the refusal to satisfy was made in bad faith, the Court shall award the owner reasonable expenses including attorneys fees.<ref>68 P.S. § 1056(h)</ref> 
 
An owner may file a praecipe to cause the broker to file their complaint within 20 days of service or risk extinguishment of the lien.<ref>68 P.S. § 1058(f)</ref> 
 
If the broker fails to commence proceedings to enforce the lien within two years after recording the lien, the lien shall be extinguished.<ref>68 P.S. § 1058(c)</ref> If the lien is based on an option to purchase, the broker has 6 months from conveyance to commence proceedings.<ref>68 P.S. § 1058(d)</ref> 
 
If the filing of a lien would prevent a transaction from closing, an escrow shall be established and the broker must provide a release of lien, unless the parties (including the broker) can agree on an alternative resolution.<ref>68 P.S. § 1060</ref> The owner can also apply to the Court for a discharge by depositing funds with the Court.<ref>68 P.S. § 1061</ref> The Court can also approve alternate security in lieu of cash in double the amount required.<ref>68 P.S. § 1061</ref>

Real Estate Broker Liens in Pennsylvania

2026-01-02T20:37:55Z

Josephdebarberie: Created page with "=Citation= Commercial Real Estate Broker Lien Act, 68 P.S. §§ 1051-1064 =Overview= Brokers, unless employed by another broker, have a lien in the amount of their agreed-upo..."

=Citation=
Commercial Real Estate Broker Lien Act, 68 P.S. §§ 1051-1064

=Overview=
Brokers, unless employed by another broker, have a lien in the amount of their agreed-upon compensation on commercial real estate or any interest in that commercial real estate when the listing broker has provided services and obtained a willing purchaser, or is entitled to compensation under a written agreement while representing the buyer.<ref>68 P.S. § 1053</ref> However, the statute requires recording of notices of the lien before it attaches to the real estate.

=Underwriting=
When the broker represents the seller, the lien arises when the prospective buyer is procured, or when they are otherwise entitled to compensation under the written agreement, AND when a notice of lien is recorded in the office of the prothonotary of the county where the real estate is located - PRIOR to the actual conveyance or transfer of the commercial real estate.<ref>68 P.S. § 1056(a)</ref> Therefore, any recorded notices of lien prior to the conveyance must be paid and satisfied. If the notice is not recorded prior to the conveyance deed, then the lien is lost.<ref>68 P.S. § 1056(g)</ref> 
 
When the broker represents the buyer, they have until 90 days after the conveyance to record the lien.<ref>68 P.S. § 1056(c)</ref> However, any lien would be an act of the Insured Owner, post-policy, or otherwise excluded from coverage. 
 
The priority of the broker's lien is expressly subject to all mortgages, regardless of the date record.<ref>68 P.S. § 1059</ref> Therefore, satisfaction of any lien claims should not be necessary when insuring purchase-money or refinance mortgages. 
 

=General Principles=
"Commercial real estate" is defined as ALL real estate, other than: real estate containing 1-4 residential units, real estate zoned for agricultural purposes and not subject to an agreement of sale contingent upon rezoning for nonagricultural purposes.<ref>68 P.S. § 1052</ref> The term also does not include single-family units such as condominiums, townhouses or homes in a subdivision conveyed on a unit-by-unit basis even, though these units may be part of a larger building or parcel of real estate containing more than four residential units.<ref>68 P.S. § 1052</ref> 
 
The lien is only in favor of the broker, even if another person furnishes labor or materials which result in procurement of the buyer.<ref>68 P.S. § 1055</ref> 
 
If the real estate is located in more than one county, a filed lien is only effective against the part of the real estate in that county.<ref>68 P.S. § 1056(d)</ref> 
 
At least 3 days before recording a notice of lien, the broker must give written notice to both the owner and prospective buyer of their intention to claim a lien by registered or certified mail.<ref>68 P.S. 1056(f)</ref> 
 
If the sale does not occur due to no fault of the owner, a recorded lien shall be satisfied of record by the broker.<ref>68 P.S. § 1056(h)</ref>

=Remedies and Solutions=
If a broker refuses to satisfy a lien, the owner may demand the filing of a Complaint or commence an action against the broker seeking satisfaction or striking of the lien.<ref>68 P.S. § 1056(h)</ref> If the Court finds the lien was filed in bad faith or the refusal to satisfy was made in bad faith, the Court shall award the owner reasonable expenses including attorneys fees.<ref>68 P.S. § 1056(h)</ref> 
 
An owner may file a praecipe to cause the broker to file their complaint within 20 days of service or risk extinguishment of the lien.<ref>68 P.S. § 1058(f)</ref> 
 
If the broker fails to commence proceedings to enforce the lien within two years after recording the lien, the lien shall be extinguished.<ref>68 P.S. § 1058(c)</ref> If the lien is based on an option to purchase, the broker has 6 months from conveyance to commence proceedings.<ref>68 P.S. 1058(d).

Timeshares in Pennsylvania

2026-01-02T18:23:02Z

Josephdebarberie: /* Overview */

More research needed.

=Citation=
Real Estate Cooperative Act, 68 Pa.C.S. §§ 4101-4418 
Real Estate Licensing and Registration Act, 63 P.S. § 455.609

=Overview=
There does not appear to be a comprehensive statutory scheme specific to time shares, however, time shares appear as part of the Real Estate Cooperative Act (Title 68, Chapter 41, Subpart C) and Section 609 of the Real Estate Licensing and Registration Act.

Timeshares in Pennsylvania

2026-01-02T18:22:39Z

Josephdebarberie: Created page with "More research needed. =Citation= Real Estate Cooperative Act, 68 Pa.C.S. §§ 4101-4418 Real Estate Licensing and Registration Act, 63 P.S. § 455.609 =Overview= There d..."

More research needed.

=Citation=
Real Estate Cooperative Act, 68 Pa.C.S. §§ 4101-4418 
Real Estate Licensing and Registration Act, 63 P.S. § 455.609

=Overview=
There does not appear to be a comprehensive statutory scheme specific to time shares, however, time shares are regulated as part of the Real Estate Cooperative Act (Title 68, Chapter 41, Subpart C) and Section 609 of the Real Estate Licensing and Registration Act.

Corrective Affidavits in Pennsylvania

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Scrivener's Affidavits in Pennsylvania

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Affidavits of Title in Pennsylvania

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Affidavits in Pennsylvania

2026-01-02T18:07:53Z

Josephdebarberie: /* Corrective / Scrivener's Affidavits */

=Affidavits of Title=
=Affidavits of Heirship=
For Affidavits of Heirship, see [[Estates in Pennsylvania]]
=Corrective / Scrivener's Affidavits=
Corrective / Scrivener's Affidavits are not common in Pennsylvania. The customary procedure to correct items in a chain of title, absent a Court Order, is to obtain a corrective or confirmatory document (deed, mortgage, etc.) executed by the necessary party for recording. The document should have a recital indicating it is corrective of a prior-recorded document.

In some situations where the error is minimal (i.e. typographical), it may be possible to re-record the original document with a statement appended describing the error and the correction that was made. The availability of this procedure will depend on the local County Recorder of Deeds policies, and should be examined with caution because it can be used improperly (i.e. to add separate land to a deed that was never conveyed originally). The Recorders, and their staff, are not empowered to review documents for legal effect and sufficiency, so the acceptance for recording is not itself a guarantee that a document is proper.

Affidavits in Pennsylvania

2026-01-02T18:06:49Z

Josephdebarberie: Created page with "=Affidavits of Title= =Affidavits of Heirship= For Affidavits of Heirship, see Estates in Pennsylvania =Corrective / Scrivener's Affidavits="

=Affidavits of Title=
=Affidavits of Heirship=
For Affidavits of Heirship, see [[Estates in Pennsylvania]]
=Corrective / Scrivener's Affidavits=

Judicial Proceedings in Pennsylvania

2026-01-02T18:04:11Z

Josephdebarberie:

For mortgage foreclosures, see [[Foreclosures in Pennsylvania]]. 
 
For tax sales, see [[Tax Sales in Pennsylvania]]. 
 
For execution on civil money judgments, see [[Civil Money Judgments in Pennsylvania]]

Judicial Proceedings in Pennsylvania

2026-01-02T18:02:22Z

Josephdebarberie: Created page with "For mortgage foreclosures, see Foreclosures in Pennsylvania. For tax sales, see Tax Sales in Pennsylvania. "

For mortgage foreclosures, see [[Foreclosures in Pennsylvania]]. 
 
For tax sales, see [[Tax Sales in Pennsylvania]].

Powers of Attorney in Pennsylvania

2025-12-08T15:19:50Z

Josephdebarberie:

=Citation=
Powers of Attorney in Pennsylvania are governed by [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=56 Title 20, Chapter 56] of the Pennsylvania Probate, Estates and Fiduciaries Code.

=Overview=
Powers of Attorney implicate Policy coverage under Covered Risks 2(a)(i) and 2(a)(v) of the Owners and Loan Policies. If a Power of Attorney is not yet executed, question why the Principal could sign a proposed POA but not the actual documents.

=Underwriting=
==Sample Commitment Schedule B-I Requirement==
If a Power of Attorney is to be used in this transaction, a copy of the Power of Attorney must be submitted for review and approval in advance of settlement. Also, if approved, the original Power of Attorney must be provided for recording.
==General Requirements==
# Notice signed by Principal<ref>See 20 Pa.C.S. 5601(c)</ref> (for all POAs executed after 4/12/2000; language updated 1/1/15)
# Agent Acknowledgment signed by Agent<ref>See 20 Pa.C.S. 5601(d)</ref> (for all POAs executed after 4/12/2000; language updated 1/1/15)
# Signed (or marked) and dated by Principal
# Principal's signature (or mark) notarized (for POAs executed after 1/1/15)
# Signed by two (2) Witnesses (for POAs executed after 1/1/15). Witnesses must be 18 years old, neither may be the Agent, neither may be: (1) an individual who signed the POA on behalf of and at the direction of the Principal, (2) the Notary, (3) an Agent named under the POA, or (4) an attorney taking an acknowledgment under 42 Pa.C.S. § 327(a).
# Principal must be competent at time of executing POA. If Principal has become incapacitated, date of incapacity should be determined to make sure the Principal was competent at time POA was signed. If in doubt, an Affidavit from a treating physician should be obtained.
# Principal must still be living, and not subject to Guardianship proceedings. POA is automatically terminated upon death, or could be terminated by a Guardian or by the Court in a Guardianship proceeding.
# Terms of POA must grant power to engage in the insured transaction.<ref>See 20 Pa.C.S. 5601.4, 5603</ref>
# Terms of POA must not contain an express expiration date which has passed.
# Agent should also sign an Affidavit of Non-Termination at the closing of the insured transaction.<ref>See 20 Pa.C.S. 5606</ref>
# Recording of the POA is not strictly required, but is the accepted best practice and POAs are expressly recordable by statute.<ref>See 20 Pa.C.S. 5602(c)</ref> Likewise, many Recorder of Deeds may require the POA to be recorded in order to record the related Deed or Mortgage.
# If copy of POA was provided in advance of closing, original must also be reviewed to confirm it comports with the copy, unless the original has already been recorded.

==Durability==
Powers of Attorney are presumed durable unless specifically provided otherwise in the POA.<ref>See 20 Pa.C.S. 5601.1</ref> Durable POAs are not affect by disability or lapse of time.<ref>See 20 Pa.C.S. 5604</ref>

==Delegation==
"An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: 
... 
(5) Delegate authority granted under the power of attorney. 
... 
(7) Exercise fiduciary powers that the principal has authority to delegate."<ref>See 20 Pa.C.S. 5601.4(a)</ref>

==Foreign & Military POAs==
A Power of Attorney executed in or under the laws of another state or jurisdiction is valid in Pennsylvania if it complies with the law of the jurisdiction indicated in the POA or where the POA was signed.<ref>See 20 Pa.C.S. 5611(1)</ref>

A military POA that complies with 10 U.S.C. 1044(b) is also valid in Pennsylvania.<ref>See 20 Pa.C.S. 5611(2)</ref>

Witnesses in Pennsylvania

2025-12-08T15:15:40Z

Josephdebarberie: Created page with "=Deeds= Not required. =Mortgages= Not required. =Powers of Attorney= Two witnesses required for POAs executed after Jan. 1, 2015. Neither can be Agent, a person signing for th..."

=Deeds=
Not required.
=Mortgages=
Not required.
=Powers of Attorney=
Two witnesses required for POAs executed after Jan. 1, 2015. Neither can be Agent, a person signing for the Principal at their direction, notary, or attorney taking the acknowledgment. See [[Powers of Attorney in Pennsylvania]].

Tidelands in Pennsylvania

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Riparian Rights in Pennsylvania

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Dockominiums in Pennsylvania

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Canals in Pennsylvania

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Boat Slips in Pennsylvania

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Water and Water Rights in Pennsylvania

2025-12-08T15:07:49Z

Josephdebarberie: Created page with "=Boat Slips= =Canals= =Dockominiums= =Riparian Rights= =Tidelands="

=Boat Slips=
=Canals=
=Dockominiums=
=Riparian Rights=
=Tidelands=

Agreements of Sale in Pennsylvania

2025-05-21T13:50:14Z

Josephdebarberie: /* Underwriting */

=Overview=

=Underwriting=
*Recorded contracts or installment contracts represent vested interests in land and are sufficient to impart notice on purchasers and lienholders. Caution should be used if relying on the terms of the contract to find it has terminated. The best practice is to obtain, and record, a written termination from the vendee in the contract.
*The statute of limitations for "an action for specific performance of a contract for sale of real property or for damages for noncompliance therewith" is 5 years. [https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chapter=55&section=26&subsctn=0 42 Pa.C.S. 5526(2)].

=Agreements for Deed=

=Purchase Agreements=

=Installment Contracts=

Liens in Pennsylvania

2025-04-21T14:39:23Z

Josephdebarberie:

==Overview==

==Alimony/Support==

==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==
*Normally 5 year duration, up to 6 years if judgment debtor died, can be revived outside of duration. 
 
See [[Civil Money Judgments in Pennsylvania]]

==Community Association Liens==
===Condominium Association Liens===
*Condominium assessments -- 3 years from date assessment becomes payable. Special limited priority given to condo liens in mortgage foreclosure actions (amount not greater than 6 months of assessments)

===Homeowners' Association Liens===
*HOA Liens -- 3 years from date assessment becomes payable

==Community Facilities District Liens==
==Construction/Mechanic's Liens==
See [[Construction Liens in Pennsylvania#Duration|Construction Liens in Pennsylvania]].

==Criminal Money Judgments==
*Criminal restitution - indefinite 42 Pa.C.S.A. § 9728(c) and (d)

==Estate Tax Liens==
*Pennsylvania does not have an estate tax, but does have an inheritance tax. 
*Federal Estate Taxes may apply. 
 
See [[Estates in Pennsylvania]]. 
See [[Inheritance Taxes in Pennsylvania]].

==Financing Statements==
*Financing Statements -- 5 years

==Hospital Liens==
==Inheritance Tax Liens==
*Indefinite if Estate was not raised and property not reported to Department of Revenue.
*Indefinite if Department of Revenue filed a lien or took collection action.
*20 years and 9 months from death if Estate was raised, property reported, and Department failed to take collection action. (Caution: review Department's 2018 Letter). 
 
See [[Inheritance Taxes in Pennsylvania]].

==Lis Pendens==
*Indefinite 
 
See [[Lis Pendens in Pennsylvania]]

==Mechanic's Liens (Construction Liens)==
See [[Mechanic's Liens in Pennsylvania]]

==Medical Assistance (Estate Recovery) Claims==
* Liability is placed personally on executor or administrator, and person receiving property. [https://codes.findlaw.com/pa/title-62-ps-poor-persons-and-public-welfare/pa-st-sect-62-1412.html 62 P.S. 1412(a.1)].
* Transferees are liable if they received property without paying fair market value. [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/055/chapter258/s258.9.html&d=reduce 55 Pa. Code. 258.9].
* Sales by personal representative to unrelated parties for fair market value are deemed supported by adequate consideration. 55 Pa. Code. 258.9(c)
* Claims do not apply to property held by a decedent and another at time of death as joint tenants with right of survivorship (JTWROS) or as tenants by the entireties (TBE). [https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/055/chapter258/s258.3.html&d=reduce 55 Pa. Code. 258.3(b)].
* If the debt is reduced to judgment, or a lien filed against the real estate in public records, then normal judgment/lien rules would apply.

==Municipal Assessments==
==Municipal Liens==
*Municipal Liens - 20 years

==Real Property Tax Liens==
See [[Real Property Taxes in Pennsylvania]].
==Security Instruments==
See [[Security Instruments in Pennsylvania#Duration|Security Instruments in Pennsylvania]]

==State Tax Liens==
*Revenue Liens, Corporate Tax Liens & Student Loans - indefinite 42 Pa.C.S.A. § 9728(c) and (d)
*State Tax Liens -- No expiration, attach to after acquired property 72 P.S. 1404.1
*Unemployment Comp Liens -- No expiration, attach to after acquired property. 43 P.S. 788.1.1
*Estate Tax Lien -- Federal 10 years
*State Inheritance Tax Liens -- 20 Years

==Other Liens==
*US Judgment Liens -- 20 years, renewable for 20 years
*Federal Tax Liens -- 10 years (+30 days); can be refiled
*Child Support Liens - 20 years

==Cross-References==
* [[Pennsylvania]]
* [[Liens]]

Guardianships in Pennsylvania

2025-03-25T16:44:58Z

Josephdebarberie: /* Underwriting */

=Citation=
=Overview=
A person with a physical disability normally does not need a Guardian appointed. In the legal sense, the term "disability" has been almost entirely replaced with the term "incapacity," and refers to a person's mental ability to understand and manage their affairs. If a person is unable to sign a document for physical reasons, there are a variety of options available to them including using a Power of Attorney. If you are presented with this situation and are unsure how to accommodate the signer, please contact Underwriting. 
 
When a person is incapacitated, they are unable to enter into any legally binding contract so things like Powers of Attorney, Deeds, or Mortgages signed by an incapacitated person are void and have no effect. In this circumstance, a Court can appoint a Guardian to handle the person's affairs for them.

=Underwriting=
Guardians do not have inherent authority to sell real estate owned by the incapacitated person. A specific Court Order authorizing the transaction must be obtained. The specific Court Order, along with the Order appointing the individual as Guardian, must be presented for review and recording with the Deed. Some County staff (incorrectly) believe these Orders are not public record (as opposed to the other documents of the guardianship which may contain private information). Therefore, the Guardian must sometimes obtain Certified Copies suitable for recording when it is impossible for a third party searcher or title company to obtain them from the Court.

=Custodians of Minors' Property=
==Uniform Transfers to Minors Act==

20 Pa.C.S. 5301-5321

==Parents as "natural guardians"==

Parents '''do not''' have inherent authority over their children's property, and cannot sign Mortgages or Deeds on behalf of minor owners of real estate interests, unless a Court has appointed them guardian of the child's estate or otherwise authorized the conveyance: 
 
"The guardian of the minor's person is the person having primary physical responsibility for the care and custody of the minor child. However, natural guardianship confers no inherent right to intermeddle with the property of the minor child, and the natural guardian has no inherent authority to demand or power to receive, hold or manage the minor's property unless the natural guardian has also been appointed as guardian of the minor's estate.". ''Rock v. Pyle'', 720 A.2d 137, 141 (Pa. Super. Ct. 1998) (citations omitted). 
 
"Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court." 20 Pa.C.S. § 303. 
 
"In our view, the court involvement in a parent's litigation of a minor child's claims has the significant effect of transforming the parent's role from that of a natural guardian into, in essence, a court-approved guardian who has authority to make decisions about the minor's estate, not merely the child's person. An agreement executed by natural guardian purportedly on the minor's behalf without any court involvement, however, has none of the legal safeguards attendant to the appointment of a guardian of the minor's estate. Consequently, the parents in their pre-litigation state of natural guardianship lacked any authority to manage the estate of their minor children." 'Santiago v. Philly Trampoline Park, LLC', 2023 PA Super 47, 291 A.3d 1213, 1229, appeal granted, 304 A.3d 330 (Pa. 2023), and appeal granted sub nom. Shultz v. Sky Zone, LLC,, 304 A.3d 331 (Pa. 2023) (citations and references omitted). [Per docket, argued in PA Supreme Court 3/5/25; decision pending] 
 
'''20 Pa.C.S. 5101'''. When guardian unnecessary. 
 
When the entire real and personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security, in any of the following circumstances: 
 
(1) Award from decedent's estate or trust.--When the court having jurisdiction of a decedent's estate or of a trust in awarding the interest of the minor shall so direct. 
 
(2) Interest in real estate.--'''When the court having jurisdiction''' to direct the sale or mortgage of real estate in which the minor has an interest '''shall so direct''' as to the minor's interest in the real estate. 
 
(3) Other circumstances.--In all other circumstances, when the court which would have had jurisdiction to appoint a guardian of the estate of the minor shall so direct. 
 
'''§ 5102.''' Power of natural guardian. 
 
'''The court''' may authorize or direct the parent, person, or institution maintaining the minor to execute as natural guardian, any receipt, deed, mortgage, or other appropriate instrument '''necessary to carry out a decree entered under section 5101''' (relating to when guardian unnecessary) and, in such event, may require the deposit of money in a savings account or the care of securities in any manner considered by the court to be for the best interests of the minor. The decree so made, except as the court shall expressly provide otherwise, shall constitute sufficient authority to all transfer agents, registrars and others dealing with property of the minor to recognize the persons named therein as entitled to receive the property, and '''shall in all respects have the same force and effect as an instrument executed by a duly appointed guardian under court decree.''' 
 
 
A binding agreement for the sale of standing timber in law is the conveyance of an interest in land. But there is error in the holding of the court in this case that ‘By the agreement of May 20, 1952 the Potters became the owners of the equitable estate and title to the specific interest in this real estate as therein contained.’ This conclusion was right on the principle of Butler County Com'rs Petition, 141 Pa.Super. 597, 15 A.2d 504, as to the eight adult Vought heirs who entered into the agreement. And they therefore were proper parties in interest in the present proceeding before the lower court. But although a court may authorize a parent as natural guardian to convey a minor's interest in real estate under the Act of April 18, **449 1949, P.L. 512, §§ 1001, 1002, 20 P.S. §§ 320.1001, 320.1002, '''a mother without such order, has no authority by reason of her natural guardianship to sell an interest in land owned by her minor child. For want of approval of the first petition of Grace Vought for the sale of her minor children's interest no equitable or other estate vested in the Potters for the minors' interests''' in the timber under the agreement of May 20, 1952. ''In re Vought's Est.'', 175 Pa. Super. 173, 179–80, 103 A.2d 445, 448–49 (1954) (citations omitted)

Guardianships in Pennsylvania

2025-03-25T16:39:55Z

Josephdebarberie: /* Parents as "natural guardians" */

=Citation=
=Overview=
A person with a physical disability normally does not need a Guardian appointed. In the legal sense, the term "disability" has been almost entirely replaced with the term "incapacity," and refers to a person's mental ability to understand and manage their affairs. If a person is unable to sign a document for physical reasons, there are a variety of options available to them including using a Power of Attorney. If you are presented with this situation and are unsure how to accommodate the signer, please contact Underwriting. 
 
When a person is incapacitated, they are unable to enter into any legally binding contract so things like Powers of Attorney, Deeds, or Mortgages signed by an incapacitated person are void and have no effect. In this circumstance, a Court can appoint a Guardian to handle the person's affairs for them.

=Underwriting=
=Custodians of Minors' Property=
==Uniform Transfers to Minors Act==

20 Pa.C.S. 5301-5321

==Parents as "natural guardians"==

Parents '''do not''' have inherent authority over their children's property, and cannot sign Mortgages or Deeds on behalf of minor owners of real estate interests, unless a Court has appointed them guardian of the child's estate or otherwise authorized the conveyance: 
 
"The guardian of the minor's person is the person having primary physical responsibility for the care and custody of the minor child. However, natural guardianship confers no inherent right to intermeddle with the property of the minor child, and the natural guardian has no inherent authority to demand or power to receive, hold or manage the minor's property unless the natural guardian has also been appointed as guardian of the minor's estate.". ''Rock v. Pyle'', 720 A.2d 137, 141 (Pa. Super. Ct. 1998) (citations omitted). 
 
"Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court." 20 Pa.C.S. § 303. 
 
"In our view, the court involvement in a parent's litigation of a minor child's claims has the significant effect of transforming the parent's role from that of a natural guardian into, in essence, a court-approved guardian who has authority to make decisions about the minor's estate, not merely the child's person. An agreement executed by natural guardian purportedly on the minor's behalf without any court involvement, however, has none of the legal safeguards attendant to the appointment of a guardian of the minor's estate. Consequently, the parents in their pre-litigation state of natural guardianship lacked any authority to manage the estate of their minor children." 'Santiago v. Philly Trampoline Park, LLC', 2023 PA Super 47, 291 A.3d 1213, 1229, appeal granted, 304 A.3d 330 (Pa. 2023), and appeal granted sub nom. Shultz v. Sky Zone, LLC,, 304 A.3d 331 (Pa. 2023) (citations and references omitted). [Per docket, argued in PA Supreme Court 3/5/25; decision pending] 
 
'''20 Pa.C.S. 5101'''. When guardian unnecessary. 
 
When the entire real and personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security, in any of the following circumstances: 
 
(1) Award from decedent's estate or trust.--When the court having jurisdiction of a decedent's estate or of a trust in awarding the interest of the minor shall so direct. 
 
(2) Interest in real estate.--'''When the court having jurisdiction''' to direct the sale or mortgage of real estate in which the minor has an interest '''shall so direct''' as to the minor's interest in the real estate. 
 
(3) Other circumstances.--In all other circumstances, when the court which would have had jurisdiction to appoint a guardian of the estate of the minor shall so direct. 
 
'''§ 5102.''' Power of natural guardian. 
 
'''The court''' may authorize or direct the parent, person, or institution maintaining the minor to execute as natural guardian, any receipt, deed, mortgage, or other appropriate instrument '''necessary to carry out a decree entered under section 5101''' (relating to when guardian unnecessary) and, in such event, may require the deposit of money in a savings account or the care of securities in any manner considered by the court to be for the best interests of the minor. The decree so made, except as the court shall expressly provide otherwise, shall constitute sufficient authority to all transfer agents, registrars and others dealing with property of the minor to recognize the persons named therein as entitled to receive the property, and '''shall in all respects have the same force and effect as an instrument executed by a duly appointed guardian under court decree.''' 
 
 
A binding agreement for the sale of standing timber in law is the conveyance of an interest in land. But there is error in the holding of the court in this case that ‘By the agreement of May 20, 1952 the Potters became the owners of the equitable estate and title to the specific interest in this real estate as therein contained.’ This conclusion was right on the principle of Butler County Com'rs Petition, 141 Pa.Super. 597, 15 A.2d 504, as to the eight adult Vought heirs who entered into the agreement. And they therefore were proper parties in interest in the present proceeding before the lower court. But although a court may authorize a parent as natural guardian to convey a minor's interest in real estate under the Act of April 18, **449 1949, P.L. 512, §§ 1001, 1002, 20 P.S. §§ 320.1001, 320.1002, '''a mother without such order, has no authority by reason of her natural guardianship to sell an interest in land owned by her minor child. For want of approval of the first petition of Grace Vought for the sale of her minor children's interest no equitable or other estate vested in the Potters for the minors' interests''' in the timber under the agreement of May 20, 1952. ''In re Vought's Est.'', 175 Pa. Super. 173, 179–80, 103 A.2d 445, 448–49 (1954) (citations omitted)

Guardianships in Pennsylvania

2025-03-25T16:37:42Z

Josephdebarberie: /* Custodians of Minors' Property */

=Citation=
=Overview=
A person with a physical disability normally does not need a Guardian appointed. In the legal sense, the term "disability" has been almost entirely replaced with the term "incapacity," and refers to a person's mental ability to understand and manage their affairs. If a person is unable to sign a document for physical reasons, there are a variety of options available to them including using a Power of Attorney. If you are presented with this situation and are unsure how to accommodate the signer, please contact Underwriting. 
 
When a person is incapacitated, they are unable to enter into any legally binding contract so things like Powers of Attorney, Deeds, or Mortgages signed by an incapacitated person are void and have no effect. In this circumstance, a Court can appoint a Guardian to handle the person's affairs for them.

=Underwriting=
=Custodians of Minors' Property=
==Uniform Transfers to Minors Act==

20 Pa.C.S. 5301-5321

==Parents as "natural guardians"==

Parents '''do not''' have inherent authority over their children's property, and cannot sign Mortgages or Deeds on behalf of minor owners of real estate interests: 
 
"The guardian of the minor's person is the person having primary physical responsibility for the care and custody of the minor child. However, natural guardianship confers no inherent right to intermeddle with the property of the minor child, and the natural guardian has no inherent authority to demand or power to receive, hold or manage the minor's property unless the natural guardian has also been appointed as guardian of the minor's estate.". ''Rock v. Pyle'', 720 A.2d 137, 141 (Pa. Super. Ct. 1998) (citations omitted). 
 
"Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court." 20 Pa.C.S. § 303. 
 
"In our view, the court involvement in a parent's litigation of a minor child's claims has the significant effect of transforming the parent's role from that of a natural guardian into, in essence, a court-approved guardian who has authority to make decisions about the minor's estate, not merely the child's person. An agreement executed by natural guardian purportedly on the minor's behalf without any court involvement, however, has none of the legal safeguards attendant to the appointment of a guardian of the minor's estate. Consequently, the parents in their pre-litigation state of natural guardianship lacked any authority to manage the estate of their minor children." 'Santiago v. Philly Trampoline Park, LLC', 2023 PA Super 47, 291 A.3d 1213, 1229, appeal granted, 304 A.3d 330 (Pa. 2023), and appeal granted sub nom. Shultz v. Sky Zone, LLC,, 304 A.3d 331 (Pa. 2023) (citations and references omitted). [Per docket, argued in PA Supreme Court 3/5/25; decision pending] 
 
'''20 Pa.C.S. 5101'''. When guardian unnecessary. 
 
When the entire real and personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security, in any of the following circumstances: 
 
(1) Award from decedent's estate or trust.--When the court having jurisdiction of a decedent's estate or of a trust in awarding the interest of the minor shall so direct. 
 
(2) Interest in real estate.--'''When the court having jurisdiction''' to direct the sale or mortgage of real estate in which the minor has an interest '''shall so direct''' as to the minor's interest in the real estate. 
 
(3) Other circumstances.--In all other circumstances, when the court which would have had jurisdiction to appoint a guardian of the estate of the minor shall so direct. 
 
'''§ 5102.''' Power of natural guardian. 
 
'''The court''' may authorize or direct the parent, person, or institution maintaining the minor to execute as natural guardian, any receipt, deed, mortgage, or other appropriate instrument '''necessary to carry out a decree entered under section 5101''' (relating to when guardian unnecessary) and, in such event, may require the deposit of money in a savings account or the care of securities in any manner considered by the court to be for the best interests of the minor. The decree so made, except as the court shall expressly provide otherwise, shall constitute sufficient authority to all transfer agents, registrars and others dealing with property of the minor to recognize the persons named therein as entitled to receive the property, and '''shall in all respects have the same force and effect as an instrument executed by a duly appointed guardian under court decree.''' 
 
 
A binding agreement for the sale of standing timber in law is the conveyance of an interest in land. But there is error in the holding of the court in this case that ‘By the agreement of May 20, 1952 the Potters became the owners of the equitable estate and title to the specific interest in this real estate as therein contained.’ This conclusion was right on the principle of Butler County Com'rs Petition, 141 Pa.Super. 597, 15 A.2d 504, as to the eight adult Vought heirs who entered into the agreement. And they therefore were proper parties in interest in the present proceeding before the lower court. But although a court may authorize a parent as natural guardian to convey a minor's interest in real estate under the Act of April 18, **449 1949, P.L. 512, §§ 1001, 1002, 20 P.S. §§ 320.1001, 320.1002, '''a mother without such order, has no authority by reason of her natural guardianship to sell an interest in land owned by her minor child. For want of approval of the first petition of Grace Vought for the sale of her minor children's interest no equitable or other estate vested in the Potters for the minors' interests''' in the timber under the agreement of May 20, 1952. ''In re Vought's Est.'', 175 Pa. Super. 173, 179–80, 103 A.2d 445, 448–49 (1954) (citations omitted)

Guardianships in Pennsylvania

2025-03-20T19:46:57Z

Josephdebarberie: /* Parents as "natural guardians" */

=Citation=
=Overview=
A person with a physical disability normally does not need a Guardian appointed. In the legal sense, the term "disability" has been almost entirely replaced with the term "incapacity," and refers to a person's mental ability to understand and manage their affairs. If a person is unable to sign a document for physical reasons, there are a variety of options available to them including using a Power of Attorney. If you are presented with this situation and are unsure how to accommodate the signer, please contact Underwriting. 
 
When a person is incapacitated, they are unable to enter into any legally binding contract so things like Powers of Attorney, Deeds, or Mortgages signed by an incapacitated person are void and have no effect. In this circumstance, a Court can appoint a Guardian to handle the person's affairs for them.

=Underwriting=
=Custodians of Minors' Property=
==Parents as "natural guardians"==

Parents '''do not''' have inherent authority over their children's property, and cannot sign Mortgages or Deeds on behalf of minor owners of real estate interests: 
 
"The guardian of the minor's person is the person having primary physical responsibility for the care and custody of the minor child. However, natural guardianship confers no inherent right to intermeddle with the property of the minor child, and the natural guardian has no inherent authority to demand or power to receive, hold or manage the minor's property unless the natural guardian has also been appointed as guardian of the minor's estate.". ''Rock v. Pyle'', 720 A.2d 137, 141 (Pa. Super. Ct. 1998) (citations omitted). 
 
"Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court." 20 Pa.C.S. § 303. 
 
"In our view, the court involvement in a parent's litigation of a minor child's claims has the significant effect of transforming the parent's role from that of a natural guardian into, in essence, a court-approved guardian who has authority to make decisions about the minor's estate, not merely the child's person. An agreement executed by natural guardian purportedly on the minor's behalf without any court involvement, however, has none of the legal safeguards attendant to the appointment of a guardian of the minor's estate. Consequently, the parents in their pre-litigation state of natural guardianship lacked any authority to manage the estate of their minor children." 'Santiago v. Philly Trampoline Park, LLC', 2023 PA Super 47, 291 A.3d 1213, 1229, appeal granted, 304 A.3d 330 (Pa. 2023), and appeal granted sub nom. Shultz v. Sky Zone, LLC,, 304 A.3d 331 (Pa. 2023) (citations and references omitted). [Per docket, argued in PA Supreme Court 3/5/25; decision pending] 
 
'''20 Pa.C.S. 5101'''. When guardian unnecessary. 
 
When the entire real and personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security, in any of the following circumstances: 
 
(1) Award from decedent's estate or trust.--When the court having jurisdiction of a decedent's estate or of a trust in awarding the interest of the minor shall so direct. 
 
(2) Interest in real estate.--'''When the court having jurisdiction''' to direct the sale or mortgage of real estate in which the minor has an interest '''shall so direct''' as to the minor's interest in the real estate. 
 
(3) Other circumstances.--In all other circumstances, when the court which would have had jurisdiction to appoint a guardian of the estate of the minor shall so direct. 
 
'''§ 5102.''' Power of natural guardian. 
 
'''The court''' may authorize or direct the parent, person, or institution maintaining the minor to execute as natural guardian, any receipt, deed, mortgage, or other appropriate instrument '''necessary to carry out a decree entered under section 5101''' (relating to when guardian unnecessary) and, in such event, may require the deposit of money in a savings account or the care of securities in any manner considered by the court to be for the best interests of the minor. The decree so made, except as the court shall expressly provide otherwise, shall constitute sufficient authority to all transfer agents, registrars and others dealing with property of the minor to recognize the persons named therein as entitled to receive the property, and '''shall in all respects have the same force and effect as an instrument executed by a duly appointed guardian under court decree.''' 
 
 
A binding agreement for the sale of standing timber in law is the conveyance of an interest in land. But there is error in the holding of the court in this case that ‘By the agreement of May 20, 1952 the Potters became the owners of the equitable estate and title to the specific interest in this real estate as therein contained.’ This conclusion was right on the principle of Butler County Com'rs Petition, 141 Pa.Super. 597, 15 A.2d 504, as to the eight adult Vought heirs who entered into the agreement. And they therefore were proper parties in interest in the present proceeding before the lower court. But although a court may authorize a parent as natural guardian to convey a minor's interest in real estate under the Act of April 18, **449 1949, P.L. 512, §§ 1001, 1002, 20 P.S. §§ 320.1001, 320.1002, '''a mother without such order, has no authority by reason of her natural guardianship to sell an interest in land owned by her minor child. For want of approval of the first petition of Grace Vought for the sale of her minor children's interest no equitable or other estate vested in the Potters for the minors' interests''' in the timber under the agreement of May 20, 1952. ''In re Vought's Est.'', 175 Pa. Super. 173, 179–80, 103 A.2d 445, 448–49 (1954) (citations omitted)

Guardianships in Pennsylvania

2025-03-20T19:46:27Z

Josephdebarberie: /* Parents as "natural guardians" */

=Citation=
=Overview=
A person with a physical disability normally does not need a Guardian appointed. In the legal sense, the term "disability" has been almost entirely replaced with the term "incapacity," and refers to a person's mental ability to understand and manage their affairs. If a person is unable to sign a document for physical reasons, there are a variety of options available to them including using a Power of Attorney. If you are presented with this situation and are unsure how to accommodate the signer, please contact Underwriting. 
 
When a person is incapacitated, they are unable to enter into any legally binding contract so things like Powers of Attorney, Deeds, or Mortgages signed by an incapacitated person are void and have no effect. In this circumstance, a Court can appoint a Guardian to handle the person's affairs for them.

=Underwriting=
=Custodians of Minors' Property=
==Parents as "natural guardians"==

Parents '''do not''' have inherent authority over their children's property: 
 
"The guardian of the minor's person is the person having primary physical responsibility for the care and custody of the minor child. However, natural guardianship confers no inherent right to intermeddle with the property of the minor child, and the natural guardian has no inherent authority to demand or power to receive, hold or manage the minor's property unless the natural guardian has also been appointed as guardian of the minor's estate.". ''Rock v. Pyle'', 720 A.2d 137, 141 (Pa. Super. Ct. 1998) (citations omitted). 
 
"Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court." 20 Pa.C.S. § 303. 
 
"In our view, the court involvement in a parent's litigation of a minor child's claims has the significant effect of transforming the parent's role from that of a natural guardian into, in essence, a court-approved guardian who has authority to make decisions about the minor's estate, not merely the child's person. An agreement executed by natural guardian purportedly on the minor's behalf without any court involvement, however, has none of the legal safeguards attendant to the appointment of a guardian of the minor's estate. Consequently, the parents in their pre-litigation state of natural guardianship lacked any authority to manage the estate of their minor children." 'Santiago v. Philly Trampoline Park, LLC', 2023 PA Super 47, 291 A.3d 1213, 1229, appeal granted, 304 A.3d 330 (Pa. 2023), and appeal granted sub nom. Shultz v. Sky Zone, LLC,, 304 A.3d 331 (Pa. 2023) (citations and references omitted). [Per docket, argued in PA Supreme Court 3/5/25; decision pending] 
 
'''20 Pa.C.S. 5101'''. When guardian unnecessary. 
 
When the entire real and personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security, in any of the following circumstances: 
 
(1) Award from decedent's estate or trust.--When the court having jurisdiction of a decedent's estate or of a trust in awarding the interest of the minor shall so direct. 
 
(2) Interest in real estate.--'''When the court having jurisdiction''' to direct the sale or mortgage of real estate in which the minor has an interest '''shall so direct''' as to the minor's interest in the real estate. 
 
(3) Other circumstances.--In all other circumstances, when the court which would have had jurisdiction to appoint a guardian of the estate of the minor shall so direct. 
 
'''§ 5102.''' Power of natural guardian. 
 
'''The court''' may authorize or direct the parent, person, or institution maintaining the minor to execute as natural guardian, any receipt, deed, mortgage, or other appropriate instrument '''necessary to carry out a decree entered under section 5101''' (relating to when guardian unnecessary) and, in such event, may require the deposit of money in a savings account or the care of securities in any manner considered by the court to be for the best interests of the minor. The decree so made, except as the court shall expressly provide otherwise, shall constitute sufficient authority to all transfer agents, registrars and others dealing with property of the minor to recognize the persons named therein as entitled to receive the property, and '''shall in all respects have the same force and effect as an instrument executed by a duly appointed guardian under court decree.''' 
 
 
A binding agreement for the sale of standing timber in law is the conveyance of an interest in land. But there is error in the holding of the court in this case that ‘By the agreement of May 20, 1952 the Potters became the owners of the equitable estate and title to the specific interest in this real estate as therein contained.’ This conclusion was right on the principle of Butler County Com'rs Petition, 141 Pa.Super. 597, 15 A.2d 504, as to the eight adult Vought heirs who entered into the agreement. And they therefore were proper parties in interest in the present proceeding before the lower court. But although a court may authorize a parent as natural guardian to convey a minor's interest in real estate under the Act of April 18, **449 1949, P.L. 512, §§ 1001, 1002, 20 P.S. §§ 320.1001, 320.1002, '''a mother without such order, has no authority by reason of her natural guardianship to sell an interest in land owned by her minor child. For want of approval of the first petition of Grace Vought for the sale of her minor children's interest no equitable or other estate vested in the Potters for the minors' interests''' in the timber under the agreement of May 20, 1952. ''In re Vought's Est.'', 175 Pa. Super. 173, 179–80, 103 A.2d 445, 448–49 (1954) (citations omitted)

Guardianships in Pennsylvania

2025-03-20T19:41:03Z

Josephdebarberie:

Guardianships in Pennsylvania

2025-03-20T19:22:27Z

Josephdebarberie: /* Custodians of Minors' Property */

Guardianships in Pennsylvania

2025-03-20T19:19:08Z

Josephdebarberie: /* Custodians of Minors' Property */

Guardianships in Pennsylvania

2025-03-20T19:14:38Z

Josephdebarberie: /* Custodians of Minors' Property */

Guardianships in Pennsylvania

2025-03-20T19:09:15Z

Josephdebarberie: /* Custodians of Minors' Property */

Guardianships in Pennsylvania

2025-03-05T16:54:27Z

Josephdebarberie: /* Overview */

Persons Under Disability in Pennsylvania

2025-03-05T16:46:52Z

Josephdebarberie: Redirected page to Guardianships in Pennsylvania

#REDIRECT [[Guardianships in Pennsylvania]]

Disabled Persons in Pennsylvania

2025-03-05T16:46:27Z

Josephdebarberie: Changed redirect target from Guardianship in Pennsylvania to Guardianships in Pennsylvania

#REDIRECT [[Guardianships in Pennsylvania]]

Disabled Persons in Pennsylvania

2025-03-05T16:46:17Z

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#REDIRECT [[Guardianship in Pennsylvania]]

Disabilities in Pennsylvania

2025-03-05T16:45:05Z

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#REDIRECT [[Guardianships in Pennsylvania]]

Fiduciaries in Pennsylvania

2025-03-05T16:42:10Z

Josephdebarberie: Created page with "For Trustees, see Trusts in Pennsylvania For Personal Representatives of Estates (Administrators and Executors), see Estates in Pennsylvania For Guar..."

For Trustees, see [[Trusts in Pennsylvania]] 
 
For Personal Representatives of Estates (Administrators and Executors), see [[Estates in Pennsylvania]] 
 
For Guardians, and Custodians of Minors' Property, see [[Guardianships in Pennsylvania]]

Guardianships in Pennsylvania

2025-03-05T16:39:23Z

Josephdebarberie:

=Citation=
=Overview=
=Underwriting=
=Custodians of Minors' Property=

Minors in Pennsylvania

2025-03-05T16:38:40Z

Josephdebarberie: Changed redirect target from Guardianships to Guardianships in Pennsylvania

#REDIRECT [[Guardianships in Pennsylvania]]

Minors in Pennsylvania

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#REDIRECT [[Guardianships]]

Guardianships in Pennsylvania

2025-03-05T16:36:37Z

Josephdebarberie: Created page with "=Citation= =Overview= =Underwriting="

=Citation=
=Overview=
=Underwriting=

Actions in Partition in Pennsylvania

2025-03-05T16:25:34Z

Josephdebarberie: /* Overview */

=Overview=
Actions for Partition of Real Property are requests for equitable relief governed by the Pennsylvania Rules of Civil Procedure. The Rules allow for the physical partitioning of the land into purparts when it can be accomplished without spoiling the whole,<ref>See Rule 1560.</ref> or for private sale confined to the parties<ref>See Rule 1563.</ref>. If the private sale is not confirmed, a public sale can be held.<ref>See Rule 1568.</ref> Some situations where a partition action may be needed are: co-tenants cannot agree on how to handle the property, a mortgagee forecloses on the interests of less than all co-tenants, or a property has descended to numerous heirs each with a small fractional interest such that co-ownership is untenable.

=Underwriting=
*Actions for partition by their nature reveal a disagreement among the property owners. If a partition action appears in the chain of title, the action should be examined to confirm the proper procedure was followed and proper notice was given, all required payments were made, all liens were disposed of through the partition sale, and whether the Court ordered any additional requirements or conditions. There will be at least 2 Orders in any partition action: the 1st order finding that partition can occur, and the 2nd order directing the actual mechanics of that partition (division, private sale, or public sale).
*If the partition action resulted in the partition of the land into purparts, whether the new parcels have been assigned tax parcel numbers and taxed accordingly as separate land should be confirmed.
*Likewise, if the land has been divided, care should be taken to determine whether the Court ordered any easements or servitudes, or whether it appears that a servitude would arise by necessity. (For example, only some of the new purparts abut a public road such that some purparts are landlocked. Or whether existing utility connections serve all purparts.)
*At the very least, the Order awarding the Property or purpart should be recorded with the Recorder of Deeds Office. Ideally, the Court will Order, or the parties will agree to, execution of new deed(s) upon completion of the action.
=Sources=
[https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1500/subchapBtoc.html&d=reduce Pennsylvania Rules of Civil Procedure 1551-1574.]
=Further Information=
=Cross-Reference=
[[Foreclosures in Pennsylvania]]

Estates in Pennsylvania

2025-03-05T16:24:18Z

Josephdebarberie: /* Affidavits of Heirship */

= Overview =

= Underwriting =

*If a Will does not specifically direct or authorize the sale of real property, ensure that the sale is not prohibited and that any devisees of the Property join in the conveyance.
*While not strictly necessary to pass good title, it is usually preferable to have all Heirs of an intestate decedent join the sale deed with the Administrator. When not feasible, evidence that the Heirs are aware of and consent to the transaction should be obtained.
*A Renunciation of a person's right to administer an Estate does not waive that person's substantive share of the Estate. To accomplish that, the person must give a Disclaimer.

= Personal Representatives =

Under the Probate, Estates and Fiduciaries Code, both Administrators and Executors are considered "Personal Representatives" and certain provisions apply to both roles.<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=1&sctn=2&subsctn=0 20 Pa.C.S. § 102]</ref>

== Statutory Powers ==

=== Power to Sell ===

"Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, . . . any real property not specifically devised, and with the joinder of the specific devisee real property specifically devised."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=51&subsctn=0 20 Pa. C.S. § 3351]</ref>

=== Delegation ===
"(a) Power of attorney. -- A personal representative may convey real estate, transfer title to personal estate, or perform any other act of administration by an attorney or agent under a power of attorney. '''Nothing in this subsection authorizes the delegation of any discretionary power.''' 
... 
(c) Delegation authorized by governing instrument.--Nothing in this section precludes a delegation authorized by the governing instrument."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=19&subsctn=0 20 Pa.C.S. § 3319(a), (c)]</ref> 
 
While a personal representative may delegate non-discretionary authority, the Power of Attorney statute requires the POA to expressly grant authority to "exercise fiduciary powers that the principal has authority to delegate."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=56&sctn=1&subsctn=4 20 Pa.C.S. § 5601.4(a)(7)]</ref>

= Intestate Succession =

= Wills =

= Taxes =
See [[Inheritance Taxes in Pennsylvania]]

= Foreign Fiduciaries =
Foreign fiduciaries can exercise power over Pennsylvanian property by complying with [https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=41&sctn=1&subsctn=0 20 Pa.C.S. § 4101]. This statute requires (1) filing of exemplified copies of listed documents with the local Register of Wills, (2) filing of an Affidavit by the foreign fiduciary stating the estate is not indebted to anyone in Pennsylvania, and the foreign fiduciary will not take any actions prohibited by their home state. The foreign fiduciary cannot exercise any powers within Pennsylvania until at least 1 month after the decedent's death, and must pay all taxes due the Commonwealth from a sale of the Property. 
 
For the Affidavit: “We therefore hold that until a debt has been judicially established, whether through a lawsuit or an audit pursuant to the grant of ancillary administration, an asserted but unliquidated obligation does not constitute an indebtedness for the purpose of § 4101(2).”<ref>''See'' ''Biglan v. Biglan'', 330 Pa. Super. 512, 479 A.2d 1021 (1984).</ref>

= Disclaimers =

= Affidavits of Heirship =
Affidavits of Heirship are not customary in Pennsylvania. The preferred method of conveying title when there is not a Will is by opening an Estate and having an Administrator appointed, and having the Administrator provide a deed joined by all known Heirs. Alternatively, a Court determination of Heirship and rights to the property can be sought.

Deeds in Pennsylvania

2024-06-26T18:08:15Z

Josephdebarberie: /* Transfer on Death Deeds (Beneficiary Deeds) */

==Types of Deeds==

{| class="wikitable" valign="top" style="background-color:#98FB98;"
|-
| style="width: 25%;" align="center;" style="background:#3CB371;"|'''National Type'''
| style="width: 25%;" align="center;" style="background:#3CB371;"|'''Local Name'''
| style="width: 25%;" align="center;" style="background:#3CB371;"|'''Primary Use'''
| style="width: 25%;" align="center;" style="background:#3CB371;"|'''Source of Form'''
|-
| General Warranty Deed||General Warranty Deed||[''rarely used'']||Common Law
|-
| style="width: 25%;" valign="top"| '''Special Warranty Deed'''
| style="width: 25%;" valign="top"| '''Special Warranty Deed'''
| style="width: 25%;" valign="top"| '''(1) Commercial''' '''(2) Residential'''
| style="width: 25%;" valign="top"| '''Common Law'''
|-
| Fiduciary Warranty Deed||Fiduciary Warranty Deed||(1) Estates||Common Law
|-
| Bargain and Sale Deed||N/A||N/A||N/A
|-
| style="width: 25%;" valign="top"| Quit-Claim Deed
| style="width: 25%;" valign="top"| Quit-Claim Deed
| style="width: 25%;" valign="top"| (1) Railroads (2) Utilities (2) Estoppels
| style="width: 25%;" valign="top"| Common Law
|-
| style="width: 25%;" valign="top"| Foreclosure Deed
| style="width: 25%;" valign="top"| Sheriff's Deed
| style="width: 25%;" valign="top"| (1) Mortgage Foreclosures (2) Judgment Executions
| style="width: 25%;" valign="top"| Common Law (Deed Poll)
|-
| style="width: 25%;" valign="top"| Other
| style="width: 25%;" valign="top"| Statutory Short Form
| style="width: 25%;" valign="top"| [''rarely used'']
| style="width: 25%;" valign="top"| 21 P.S. § 1
|}

* NOTE: The Statutory Short Form of Deed is almost never used. It can be changed into any type of common Deed above simply by changing the Warranty language. In conjunction with this Statutory Short Form Deed were statutes permitting the substitution of Common Law warranty language with shorter phrases contained in the statutes. These are occasionally used, but are still not as common as the Common Law forms of warranties.

==Execution of Deeds==

{| class="wikitable" valign="top"
|-
|style="width: 15%;" rowspan="2" valign="top"|Witnesses
|style="width: 20%;"| Grantor
| Not required, but blanks for witness are customarily included in most deeds.
|-
| Grantee
| N/A.
|-
|rowspan="2" valign="top"|Marital Status
| Grantor
| Not required, but customarily included.
|-
| Grantee
| Not required, but customarily included.
|-
|rowspan="6" valign="top"|Marital Rights
| Common Law Dower
| Abolished.
|-
| Common Law Curtesy
| Abolished.
|-
| Statutory Dower
| N/A.
|-
| Community Property
| N/A.
|-
| Homestead
| N/A.
|-
|valign="top"| '''Equitable Distribution'''
| A non-titled spouse is normally not required to sign any deed. In the event of a pending divorce between the titled and non-titled spouse, the non-titled spouse must join in the conveyance to waive any claim to the potential equity in the property.
|}

=Ladybird Deeds=
Ladybird deeds do not appear to be in use in Pennsylvania as such. 
 
However, some deeds may contain language where the grantee holds property "in trust" for certain beneficiaries until death, but the grantee/trustee retains certain rights, such as the ability to sell and/or mortgage the property, without joinder of the beneficiaries. Often the grantor and grantee/trustee will be the same person. Such deeds and language should be examined carefully, and do not always rely on or incorporate a separate Trust-creating document. Further, such deeds would not avoid '''[[Inheritance Taxes in Pennsylvania|inheritance taxes]]''' when the grantee/trustee dies.

=Transfer on Death Deeds (Beneficiary Deeds)=
Transfer on death deeds do not appear to be authorized in Pennsylvania. 
 
However, some deeds may contain language where the grantee holds property "in trust" for certain beneficiaries until death, but the grantee/trustee retains certain rights, such as the ability to sell and/or mortgage the property, without joinder of the beneficiaries. Often the grantor and grantee/trustee will be the same person. Such deeds and language should be examined carefully, and do not always rely on or incorporate a separate Trust-creating document. Further, such deeds would not avoid inheritance taxes when the grantee/trustee dies.

=Deeds to Non-Existent Grantees=
A deed that purports to convey real estate to a nonexistent entity has no effect. In re Est. of Rodgers, No. 825 WDA 2012, 2013 WL 11255544 (Pa. Super. Ct. Aug. 21, 2013) (unreported) (Limited Partnership); Lester Assocs. v. Com., 816 A.2d 394 (Pa. Commw. Ct. 2003) (LLC); Borough of Elizabeth v. Aim Sher Corp., 316 Pa. Super. 97, 462 A.2d 811 (Pa. 1983) (Corporation).

Registered Land in Pennsylvania

2024-04-16T17:42:40Z

Josephdebarberie:

Pennsylvania does not have a system of land registration. Documents affecting title are kept in the various County Recorder of Deeds' Offices, and vendees are expected to conduct searches regarding their vendors' title.

Registered Land in Pennsylvania

2024-04-16T17:40:39Z

Josephdebarberie: Created page with "Pennsylvania does not have a system of registered land. Documents affecting land are kept in the County Recorder of Deeds' Office, and the parties are expected to conduct sear..."

Pennsylvania does not have a system of registered land. Documents affecting land are kept in the County Recorder of Deeds' Office, and the parties are expected to conduct searches.