1Providing for procedures for recording of deeds.
2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:
4Section 1. Short title.
5This act shall be known and may be cited as the Residential
6Real Property Deed Recording Act.
7Section 2. Definitions.
8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:
11"Deed." A document conveying title to residential real
12property located within this Commonwealth.
13"Office." The recorder of deeds for a county or any office,
14department or bureau of a county or city of the first class that
15performs the duties of the recorder of deeds.
16"Residential real estate." Real property that is subject to
17the requirements of 68 Pa.C.S. Pt. III (relating to residential
2Section 3. Recording of deeds.
3(a) Duty of office.--Upon presentation of a deed for
4recording, the office shall:
5(1) Insure that the deed of conveyance is signed by the
6grantor and grantee.
7(2) Perform a records check to determine whether the
8name of the grantor on the deed matches the record owner of
9the residential real estate identified therein.
10(a.1) Exceptions.--The provisions of subsection (a)(2) shall
11not apply in the following situations where the grantor may be a
12person other than the record owner:
13(1) Any deed where the residential real estate described
14therein is part of a decedent's estate.
15(2) Any deed where the grantor has been issued power of
16attorney by the record owner.
17(3) Any deed where the grantor is a trustee.
18(b) Failure to match.--In the event that there is no match
19under subsection (a), the office shall not record the deed. If
20the office determines that the circumstances suggest the
21possibility that fraud may have occurred in the conveyance of
22the residential real estate, it shall refer the matter to the
23district attorney for the county where the office is located.
24(c) Prohibition on recording.--The following deeds shall not
25be recorded unless accompanied by additional documentation as
27(1) Where the residential real estate identified in the
28deed is part of a decedent's estate, letters testamentary or
29letters of administration issued by the proper authority
30shall be provided.
1(2) Where the grantor has been granted power of attorney
2by the record owner of the real estate identified in the
3deed, written documentation of the power of attorney shall be
5(3) Where the grantor is a trustee, the writing creating
6the trust shall be provided.
7(4) Where the grantor is a corporation, documentation of
8the filing of articles of incorporation with the appropriate
9Commonwealth agency shall be provided.
10(5) Where, under the published regulations or rules of
11the office, the grantor may be someone other than the record
12owner of the real estate identified in the deed, the office
13shall determine the appropriate documentation to be provided.
14(d) Recording of deeds delivered by mail.--Any deed
15delivered to the office by mail shall not be recorded unless it
16has been sent by registered or certified mail of the United
17States Postal Service.
18(e) Notice.--Within 30 days of the recording of any deed,
19the office shall notify, by first class mail, the prior recorded
20owner of the real estate identified in the deed, and the
21occupant at the address of the real estate identified in the
22deed if that address is different from the record owner's
23address, that the deed has been recorded.
24Section 4. Exemptions.
25The provisions of this act shall not apply to sheriff's deeds
26or deeds presented for recording by or for:
27(1) A title insurance company or agent.
28(2) An attorney or law firm.
29(3) A real estate broker or real estate agent licensed
30under the laws of this Commonwealth.
1Section 5. Construction.
2The requirements of this act shall be in addition to any
3other requirements imposed by Commonwealth law or regulation.
4Section 6. Repeals.
5All acts and parts of acts are repealed insofar as they are
6inconsistent with this act.
7Section 7. Effective date.
8This act shall take effect in 60 days.