PRINTER'S NO. 571

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 517 Session of 1975


        INTRODUCED BY GLEASON, FEBRUARY 19, 1975

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 19, 1975

        �n
                                     AN ACT

     1  Amending the act of May 29, 1931 (P.L.280, No.132), entitled "An
     2     act relating to delinquent taxes on seated lands, and
     3     prescribing interest charges on nonpayment thereof; requiring
     4     the receivers and collectors of county, city, borough, town,
     5     township, school district and poor district taxes to make a
     6     return to the county commissioners of such unpaid taxes, and
     7     providing for the lien thereof; authorizing the county
     8     treasurers to collect such taxes, and to sell seated lands at
     9     public sale for taxes heretofore or hereafter returned as
    10     unpaid; and authorizing the county commissioners to purchase
    11     such lands and resell the same under certain circumstances,"
    12     reducing the redemption period.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  The first paragraph of section 9, act of May 29,
    16  1931 (P.L.280, No.132), entitled "An act relating to delinquent
    17  taxes on seated lands, and prescribing interest charges on
    18  nonpayment thereof; requiring the receivers and collectors of
    19  county, city, borough, town, township, school district and poor
    20  district taxes to make a return to the county commissioners of
    21  such unpaid taxes, and providing for the lien thereof;
    22  authorizing the county treasurers to collect such taxes, and to
    23  sell seated lands at public sale for taxes heretofore or

     1  hereafter returned as unpaid; and authorizing the county
     2  commissioners to purchase such lands and resell the same under
     3  certain circumstances," amended June 20, 1939 (P.L.498, No.276),
     4  is amended to read:
     5     Section 9.  No sale shall be valid where the taxes and
     6  interest have been paid prior to said advertisement, or where
     7  the taxes, interest, and costs have been paid after
     8  advertisement and before sale, or when such taxes are not
     9  legally due and collectible. Every such sale shall discharge the
    10  lien of every obligation, claim, lien or estate with which said
    11  property may have or shall become charged, or for which it may
    12  become liable, except no such sale shall discharge the lien of
    13  any ground rent, municipal claim or tax remaining unpaid or
    14  mortgage which shall have been recorded before such taxes became
    15  liens, by return and docketing, as herein provided, and which is
    16  or shall be prior to all other liens, except other mortgages,
    17  ground rents, municipal claims, and/or other taxes. Any real
    18  estate sold under this act may be redeemed by the owner, his
    19  heirs or legal representatives, or by any lien creditor, or his
    20  heirs, assigns or legal representatives, or by anyone interested
    21  in said real estate for the benefit of the owner thereof, at any
    22  time within [two years] ninety days after such sale, by the
    23  payment to the county treasurers of the full amount which the
    24  purchaser paid to said treasurer for taxes, interest, and costs
    25  and fifteen per centum of the amount of tax in addition thereto.
    26  In case the purchaser has paid any taxes of any kind whatsoever,
    27  assessed and levied against said property, the same shall be
    28  reimbursed to said purchaser before any redemption shall take
    29  effect. No sale of seated lands for taxes, under the provisions
    30  of this act, shall be prejudiced or defeated by proof that there
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     1  was personal property to be found on the premises sufficient to
     2  pay the taxes assessed thereon, nor shall such sale be
     3  prejudiced by reason of the fact that such lands so assessed as
     4  seated lands were at the time unseated.
     5     * * *
     6     Section 2.  Section 15 of the act, amended May 6, 1955
     7  (P.L.44. No.18), is amended to read:
     8     Section 15.  If any owner, his heirs or legal
     9  representatives, or any lien creditor, his heirs, assigns or
    10  legal representatives, or other person interested, shall, within
    11  [two years] ninety days after the day such sale was made, redeem
    12  such real estate for the benefit of the owner, by payment of the
    13  taxes and interest for which the lands were sold, and the costs,
    14  with an additional sum of fifteen per centum, and any taxes
    15  which may have been levied against any such property since the
    16  treasurer's sale, and which remain unpaid by the owner or
    17  redeemer, to the county treasurer, he shall receive and receipt
    18  for the same, and pay said taxes, interest, costs and additional
    19  percentage over to the purchaser upon demand, and the accrued
    20  taxes to the district entitled thereto; and the county treasurer
    21  shall forthwith acknowledge the receipt of the redemption moneys
    22  upon the margin of the acknowledgment of the treasurer's deed,
    23  as the same is entered and recorded in the prothonotary's office
    24  as aforesaid, and, if said deed has been recorded in the office
    25  for recording of deeds, cause an entry to be made on the margin
    26  of the record of the deed in the office of the recorder of
    27  deeds, by marking thereon the word "redeemed," which shall be
    28  signed by the county treasurer, and attested by the recorder of
    29  deeds, and thereafter said deed shall be void and of no effect.
    30  If such deed be not recorded, then such owner or person
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     1  interested, as aforesaid, shall be entitled to have the
     2  treasurer's deed delivered to such owner, creditor, heir,
     3  assign, legal representative, or persons interested, for
     4  cancellation. The county treasurer shall certify all such
     5  redemptions to the boards of county commissioners, who shall
     6  enter the same on the Tax Return Docket, and who shall certify
     7  such redemptions to the county assessors, so that the property
     8  may thereafter be assessed in the name of the owner.
     9     Section 3.  Effective the beginning of the next fiscal year
    10  of each political subdivision affected after its date of
    11  enactment.













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