PRINTER'S NO. 1183
No. 1007 Session of 2003
INTRODUCED BY MANN, READSHAW, RUBLEY, CRUZ, SOLOBAY, LAUGHLIN,
HERSHEY, KOTIK, COSTA, GEIST, SAINATO, WASHINGTON, HORSEY AND
FRANKEL, APRIL 2, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 2, 2003
AN ACT
1 Amending the act of May 16, 1923 (P.L.207, No.153), entitled "An
2 act providing when, how, upon what property, and to what
3 extent, liens shall be allowed for taxes and for municipal
4 improvements, for the removal of nuisances, and for water
5 rents or rates, sewer rates, and lighting rates; for the
6 procedure upon claims filed therefor; the methods for
7 preserving such liens and enforcing payment of such claims;
8 the effect of judicial sales of the properties liened; the
9 distribution of the proceeds of such sales, and the
10 redemption of the property therefrom; for the lien and
11 collection of certain taxes heretofore assessed, and of
12 claims for municipal improvements made and nuisances removed,
13 within six months before the passage of this act; and for the
14 procedure on tax and municipal claims filed under other and
15 prior acts of Assembly," further providing for redemption of
16 vacant property.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 32 of the act of May 16, 1923 (P.L.207,
20 No.153), referred to as the Municipal Claim and Tax Lien Law,
21 amended December 19, 1990 (P.L.1092, No.199) and December 14,
22 1992 (P.L.858, No.135), is amended to read:
23 Section 32. (a) The owner of any property sold under a tax
24 or municipal claim, or his assignees, or any party whose lien or
1 estate has been discharged thereby, may, except as provided in
2 subsections (c) and (d) of this section, redeem the same at any
3 time within one year from the date of the acknowledgment of the
4 sheriff's deed therefor, upon payment of the amount bid at such
5 sale; the cost of drawing, acknowledging, and recording the
6 sheriff's deed; the amount of all taxes and municipal claims,
7 whether not entered as liens, if actually paid; the principal
8 and interest of estates and encumbrances, not discharged by the
9 sale and actually paid; the insurance upon the property, and
10 other charges and necessary expenses of the property, actually
11 paid, less rents or other income therefrom, and a sum equal to
12 interest at the rate of ten per centum per annum thereon, from
13 the time of each of such payments. If both owner and creditor
14 desire to redeem, the owner shall have the right so to do only
15 in case he pays the creditor's claim in full. If more than one
16 creditor desires to redeem, the one who was lowest in lien at
17 the time of sale shall have the prior right, upon payment in
18 full of the claim of the one higher in lien. Within the year,
19 one who was lower in lien may redeem from one higher in lien who
20 has already redeemed, and the owner may redeem from him; and so
21 on throughout, in each case by paying the claim of the one whose
22 right was higher; and one higher in lien may redeem from one
23 lower in lien, unless his claim is paid; but in each case the
24 right must be exercised within the year.
25 (b) Any person entitled to redeem may present his petition
26 to the proper court, setting forth the facts, and his readiness
27 to pay the redemption money; whereupon the court shall grant a
28 rule to show cause why the purchaser should not reconvey to him
29 the premises sold; and if, upon hearing, the court shall be
30 satisfied of the facts, it shall make the rule absolute, and
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1 upon payment being made or tendered, shall enforce it by
2 attachment.
3 (c) Notwithstanding any other provision of law to the
4 contrary, in cities of the first, second or third class [only],
5 there shall be no redemption of vacant property by any person
6 after the date of the acknowledgment of the sheriff's deed
7 therefor. For the purposes of this subsection, property shall be
8 deemed to be " vacant property" unless it was continuously
9 occupied by the same individual or basic family unit as a
10 residence for at least ninety days prior to the date of the sale
11 and continues to be so occupied on the date of the
12 acknowledgment of the sheriff's deed therefor.
13 (d) Notwithstanding any other provision of law to the
14 contrary, in counties of the second class only, the owner of any
15 property sold under a tax or municipal claim, or his assignees,
16 or any party whose lien or estate has been discharged thereby,
17 may redeem the same at any time within three months from the
18 date of the acknowledgment of the sheriff's deed therefor, upon
19 payment of the amount bid at such sale; the cost of drawing,
20 acknowledging and recording the sheriff's deed; the amount of
21 all taxes and municipal claims, whether not entered as liens, if
22 actually paid; the principal and interest of estates and
23 encumbrances, not discharged by the sale and actually paid; the
24 insurance upon the property and other charges and necessary
25 expenses of the property, actually paid, less rents or other
26 income therefrom; and a sum equal to interest at the rate of ten
27 per centum per annum thereon, from the time of each of such
28 payments. If both owner and creditor desire to redeem, the owner
29 shall have the right so to do only in case he pays the
30 creditor's claim in full. If more than one creditor desires to
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1 redeem, the one who was lowest in lien at the time of sale shall
2 have the prior right, upon payment in full of the claim of the
3 one higher in lien. Within the three-month period, one who was
4 lower in lien may redeem from one higher in lien who has already
5 redeemed, and the owner may redeem from him; and so on
6 throughout, in each case by paying the claim of the one whose
7 right was higher; and one higher in lien may redeem from one
8 lower in lien, unless his claim is paid; but in each case the
9 right must be exercised within the three-month period.
10 Section 2. This act shall take effect in 60 days.
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