Difference between revisions of "Liens in Pennsylvania"

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(Estate Tax Liens)
 
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==Estate Tax Liens==
 
==Estate Tax Liens==
 
*Pennsylvania does not have an estate tax, but does have an inheritance tax.<br>
 
*Pennsylvania does not have an estate tax, but does have an inheritance tax.<br>
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*Federal Estate Taxes may apply.<br>
 
<br>
 
<br>
 
See [[Estates in Pennsylvania]].<br>
 
See [[Estates in Pennsylvania]].<br>
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<br>
 
<br>
 
See [[Lis Pendens in Pennsylvania]]
 
See [[Lis Pendens in Pennsylvania]]
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==Mechanic's Liens (Construction Liens)==
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See [[Mechanic's Liens in Pennsylvania]]
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==Medical Assistance (Estate Recovery) Claims==
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* 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)].
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* 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].
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* Sales by personal representative to unrelated parties for fair market value are deemed supported by adequate consideration. 55 Pa. Code. 258.9(c) 
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* 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)].
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* 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

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

Cross-References