Difference between revisions of "Liens in Pennsylvania"
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==Child Support Liens== | ==Child Support Liens== | ||
==Civil Money Judgments== | ==Civil Money Judgments== | ||
+ | *Normally 5 year duration, up to 6 years if judgment debtor died, can be revived outside of duration.<br> | ||
+ | <br> | ||
See [[Civil Money Judgments in Pennsylvania]] | See [[Civil Money Judgments in Pennsylvania]] | ||
Line 24: | Line 26: | ||
==Estate Tax Liens== | ==Estate Tax Liens== | ||
− | See [[Estates in Pennsylvania]]. | + | *Pennsylvania does not have an estate tax, but does have an inheritance tax.<br> |
+ | *Federal Estate Taxes may apply.<br> | ||
+ | <br> | ||
+ | See [[Estates in Pennsylvania]].<br> | ||
+ | See [[Inheritance Taxes in Pennsylvania]]. | ||
+ | |||
==Financing Statements== | ==Financing Statements== | ||
*Financing Statements -- 5 years | *Financing Statements -- 5 years | ||
Line 30: | Line 37: | ||
==Hospital Liens== | ==Hospital Liens== | ||
==Inheritance Tax 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).<br> | ||
+ | <br> | ||
See [[Inheritance Taxes in Pennsylvania]]. | See [[Inheritance Taxes in Pennsylvania]]. | ||
==Lis Pendens== | ==Lis Pendens== | ||
+ | *Indefinite<br> | ||
+ | <br> | ||
See [[Lis Pendens in Pennsylvania]] | 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 Assessments== |
Latest revision as of 07:39, 21 April 2025
Contents
- 1 Overview
- 2 Alimony/Support
- 3 Bail Liens
- 4 Broker Liens
- 5 Child Support Liens
- 6 Civil Money Judgments
- 7 Community Association Liens
- 8 Community Facilities District Liens
- 9 Construction/Mechanic's Liens
- 10 Criminal Money Judgments
- 11 Estate Tax Liens
- 12 Financing Statements
- 13 Hospital Liens
- 14 Inheritance Tax Liens
- 15 Lis Pendens
- 16 Mechanic's Liens (Construction Liens)
- 17 Medical Assistance (Estate Recovery) Claims
- 18 Municipal Assessments
- 19 Municipal Liens
- 20 Real Property Tax Liens
- 21 Security Instruments
- 22 State Tax Liens
- 23 Other Liens
- 24 Cross-References
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.
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. 62 P.S. 1412(a.1).
- Transferees are liable if they received property without paying fair market value. 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). 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
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