PRINTER'S NO. 1606
No. 1373 Session of 1999
INTRODUCED BY PISTELLA, WOJNAROSKI, GIGLIOTTI, LAUGHLIN,
PRESTON, TRELLO, COSTA, M. COHEN, YOUNGBLOOD, STEELMAN,
RAMOS, WALKO AND HARHAI, APRIL 21, 1999
REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 21, 1999
AN ACT
1 Amending the act of October 11, 1984 (P.L.876, No.171), entitled
2 "An act establishing a system for the collection of municipal
3 liens and tax claims in cities of the second class through
4 the sale of real property encumbered by such liens and
5 claims; abolishing the office of solicitor for liens for
6 delinquent taxes, rates, claims and charges in cities of the
7 second class; authorizing the treasurer to conduct
8 treasurer's sales and granting the treasurer certain powers
9 in connection therewith; providing a structure for the
10 conduct of the sale; setting up a system whereby the
11 properties at treasurer's sales are acquired, administered,
12 maintained and resold for the benefit of cojurisdictional
13 taxing bodies; providing for the redemption of the property
14 within 90 days of sale; providing a means for establishing
15 title to real property taken at treasurer's sale; providing
16 for cooperation among cojurisdictional taxing bodies; and
17 preserving rights not specifically repealed," further
18 providing for notice and for report and confirmation of sale.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 203(b) of the act of October 11, 1984
22 (P.L.876, No.171), known as the Second Class City Treasurer's
23 Sale and Collection Act, is amended to read:
24 Section 203. Notice.
25 * * *
1 (b) Service.--Service of written notice made by certified
2 mail is complete when the notice is mailed. [If the notice is
3 not delivered or claimed, delivery is refused, the return
4 receipt is not executed or the treasurer fails to receive
5 information from the post office respecting the notice before
6 the date fixed for sale, the validity of the service shall not
7 be impaired and the sale shall proceed at the time fixed by the
8 notice.] Information or material received by the treasurer from
9 the post office respecting the notice, whether before or after
10 the sale, shall be included in the treasurer's report filed with
11 the court under section 305. If the written notice is either
12 returned without the required receipted personal signature of
13 the addressee, or under other circumstances raising a
14 significant doubt as to the actual receipt of such notification
15 by the addressee, or is not returned or acknowledged at all,
16 then, before the Treasurer's Sale can be conducted or confirmed,
17 the Treasurer must exercise reasonable efforts to discover the
18 whereabouts of such addressee, person or entity and provide
19 notice. The Treasurer's efforts shall include, but not
20 necessarily be restricted to, a search of current, telephone
21 directories for the County, and of dockets and indices of the
22 County Tax Assessment Office, the Recorder of Deeds Office, the
23 Recorder of Wills Office, the Prothonotary's Office, and as well
24 as contacts made to any apparent alternate address or telephone
25 number which may have been written on or in the file pertinent
26 to such property. When such reasonable efforts have been
27 exhausted, regardless of whether or not notification efforts
28 have been successful, a notation shall be placed in the property
29 file describing the efforts made and the results thereof, and
30 the property may be rescheduled for sale or the sale may be
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1 confirmed as provided in this act.
2 * * *
3 Section 2. Section 305(d) of the act is amended and the
4 section is amended by adding a subsection to read:
5 Section 305. Report and confirmation of sale.
6 * * *
7 (d) Finality.--After the court has issued its order of
8 confirmation, there shall be no right to challenge the sale or
9 the transfer of title judicially, in law or in equity, by the
10 person in whose name the property was sold; the person's heirs,
11 grantees or assigns; or an interested party or anyone claiming
12 through an interested party[.] except with respect to the giving
13 of notice under this act. If the period of redemption has
14 expired, the city may convey the property to a purchaser free of
15 liens.
16 (e) Invalid deed.--If for any reason a court holds that a
17 deed issued under this section was invalid at the time of its
18 issuance and that title to the land therein described did not
19 vest in the purchaser, then as a condition of granting relief to
20 the claiming owner or interested party, the court shall order
21 the claiming owner or interested party to pay the purchaser,
22 together with 12% interest per year from the date of payment,
23 the following:
24 (1) Back taxes, costs, penalties and interest paid by
25 the purchaser to obtain title to the land.
26 (2) Property taxes on the land paid by the purchaser
27 subsequent to the sale.
28 (3) Liens on the land paid or assumed by the purchaser
29 that are rightfully chargeable to the owner of the property.
30 (4) The value of any permanent improvements made to the
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1 land by purchaser regardless of whether the purchaser knew
2 the Treasurer's Deed was defective.
3 If payment of the amount required under this section is not made
4 within 45 days of the court's order, then the court shall quiet
5 title to the land in the purchaser as against the claiming owner
6 or interested party, and the claiming owner or interested
7 party's heirs, grantees or assigns.
8 Section 3. This act shall take effect in 60 days.
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