PA Underwriting Summary

Search/Exam

Minimum Search Requirements -- 60 years
- No state law imposes a minimum period nor does the state have any marketable title acts
Plant or other search restrictions -- No
Additional Requirements for REO Searches -- No
Foreclosure Checklist -- N/A
Special Searches Required (Code, HOA, Utilities)? --
Survey Requirements -- No
UPL Hot Button Issues -- No

Title agents may prepare all documents to be insured. However, only attorneys may explain settlement documents.

Witness on Deed and Mortgage by individuals not required
Attestation by corporate officer on Deed and Mortgage by corporation is not necessary; corporate seal is not required. See 15 Pa.C.S.A. §1506(b).

No Mortgage Tax
The State Transfer Tax is always 1% of the sales price. In addition, there is a Local Transfer Tax which varies from 1% to 4% of the sales price based upon the location.

PA is an equitable distribution state which gives marital rights in property to non-title spouses in the event of a pending divorce. Non-titled spouses are required to join in the execution of a Deed or Mortgage if there is a pending divorce.

US Judgment Liens -- 20 years, renewable for 20 years
State Court Judgment Liens -- Money judgments = 5 years; Can be revived for successive periods
Child Support & Municipal Liens - 20 years
Criminal restitution, Revenue Liens, Corporate Tax Liens & Student Loans - indefinite
Federal Tax Liens -- 10 years (+30 days); can be refiled
State Tax Liens -- No expiration
Estate Tax Lien -- Federal 10 years
State Inheritance Tax Liens -- 20 Years
Mechanics Liens -- 2 years-unless action to foreclose commenced
Financing Statements -- 5 years
Mortgages -- Presumption of payment after 20 years after maturity; title then insurable if maturity date is stated in or can be calculated from the mortgage.
HOA Liens -- 3 years from date assessment becomes payable
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)
Child Support Liens –

Settlement Officer who is a licensed title agent, employee of an underwriter or Pennsylvania licensed attorney who conducted closing or directly supervised closing through which Mortgage was paid off may satisfy. "Mortgage Satisfaction Act" (Act 197 of 2002 - effective 2/7/03)
PA policies are a modified version of the 2006 ALTA policies; PA has omitted survey coverage from the policy and requires such coverage to be purchased by endorsement.
All forms, and all rates, up to 30 million dollars are handled through the Title Insurance Rating Bureau of Pennsylvania. Please see the Pennsylvania Manual of Rules and Rates available in our PA Business Practices/Real Estate Practices Section.
Usury coverage is not available in Pennsylvania.