PRINTER'S NO. 1130
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
898
Session of
2021
INTRODUCED BY TOMLINSON, VOGEL, MENSCH, LAUGHLIN AND AUMENT,
OCTOBER 6, 2021
REFERRED TO LOCAL GOVERNMENT, OCTOBER 6, 2021
AN ACT
Amending the act of April 8, 1982 (P.L.310, No.87), entitled "An
act establishing fees for services of recorders of deeds in
counties of the second A, third, fourth, fifth, sixth,
seventh and eighth classes and home rule charter counties of
these classes; authorizing a special deed and mortgage
recording fee in certain counties; and establishing county
demolition funds," further providing for title of act;
repealing provisions relating to fee schedule; providing for
definitions and for fees for recordation of documents;
further providing for County Records Improvement Fund and for
county demolition fund; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of April 8, 1982 (P.L.310,
No.87), referred to as the Recorder of Deeds Fee Law, is amended
to read:
AN ACT
Establishing [fees for services of recorders of deeds] a
predictable fee for recordation of documents in counties of
the second A, third, fourth, fifth, sixth, seventh and eighth
classes and home rule charter counties of these classes;
authorizing a special deed and mortgage recording fee in
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certain counties; and establishing county demolition funds.
Section 2. Section 1 of the act is repealed:
[Section 1. The fees of the recorders of deeds in counties
of the second A, third, fourth, fifth, sixth, seventh and eighth
classes shall be as follows:
Instrument Fee
up to
4 names and
4 pages
exclusive of notations
Adjudication, certified excerpt................ $11.50
Agreement...................................... 11.50
Articles of incorporation...................... 11.50
Amendments..................................... 11.50
Assignments.................................... 11.50
Award.......................................... 11.50
Branding....................................... 11.50
Charter........................................ 11.50
Commission - district judge.................... 14.50
Commission - notary public and bond............ 14.50
Commission - police and oath................... 14.50
Condominium:
Code of regulations........................ 11.50
Declaration of plans....................... 11.50
Plan (24 x 36)............................. 25.00
Consent form................................... 11.50
Correction instrument or re-recording.......... 11.50
Decree of court of feme sole trader............ 11.50
Deed........................................... 11.50
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Each additional description................ .50
Each additional parcel number.............. .50
Declaration of taking or trust................. 11.50
Discharge (veteran)............................ Free
Distribution................................... 11.50
Easements...................................... 11.50
Election to take............................... 11.50
Extension of mortgage.......................... 11.50
Finance statements............................. 9.50
Secured transaction........................ 9.50
on standard
form
Assignment or release...................... 9.50
on standard
form
Continuation............................... 9.50
on standard
form
Termination................................ 9.50
on standard
form
Finance statement-nonstandard-first supplement
page.............................................. 2.00
Each additional supplement page............ 1.00
Leases......................................... 11.50
Mortgages...................................... 11.50
Each additional description................ .50
Each additional parcel number.............. .50
Mortgage satisfaction.......................... 5.00
Order of court (except to satisfy)............. 11.50
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Order to satisfy lost mortgage................. 11.50
Ordinances..................................... 11.50
Power of attorney.............................. 11.50
Release........................................ 11.50
Re-recording................................... 11.50
Revocation..................................... 11.50
Right-of-way................................... 11.50
Sheriff's deed................................. 11.50
Mortgage satisfaction piece.................... 11.50
Termination of Federal tax lien................ 9.50
Filing fee for Act No. 287 of 1974............. 5.00
Copy - each township 2.00
Preferential assessments under Act No. 319 of
1974.............................................. 11.50
Certification and seal......................... 1.50
Each name over four............................ .50
Each page or part over four.................... 2.00
Each marginal notation......................... 2.00
State highway and/or mining plans - first page. 10.00
Each additional page....................... 3.00
Each name indexed.......................... .50
Subdivision plans - fee to be set by recorder of
deeds
Acknowledgments................................ 2.00
Searches:
Financial statements each debtor............... 5.00
Additional fee for each financing statement
found and for each statement of assignment
reported therein.................................. 1.00
Ownership...................................... 5.00
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Change of name................................. 5.00
Mortgage assignment............................ 5.00
Ancillary transaction.......................... 5.00
Copies:
Per page....................................... .50
Certification.................................. 1.50
Where no fee is specified the fee shall be set by the
recorder of deeds.]
Section 3. The act is amended by adding sections to read:
Section 1.1. The following words and phrases when used in
this act shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
"Document." Any document or instrument, other than a veteran
discharge paper, delivered to a recorder of deeds which is
required by law or is eligible to be recorded in person, by
mail, electronically or in any other manner.
"Flat rate." A rate that does not vary based on any factor.
"Statutory fee." Any fee, tax or surcharge required by
regulation or act of the General Assembly to be collected upon
recordation of a document, including, but not limited to, the
surcharges imposed under section l795.1-E of the act of April 9,
1929 (P.L.343, No.176), known as The Fiscal Code.
Section 1.2. (a) The fees of the recorders of deeds in
counties of the second A, third, fourth, fifth, sixth, seventh
and eighth classes, or equivalent officers in home rule charter
counties, for the recordation of a document shall be imposed at
a flat rate not to exceed $50 for the first 50 pages. An
additional fee of $1 per name in excess of 25 names may be
imposed for a document containing more than 25 names.
(b) No fee, other than a fee established under this section
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or another statutory fee, shall be charged by a recorder of
deeds, an equivalent officer in a home rule charter county or
any other county office for the recordation of a document
regardless of the number of times rejected or otherwise.
(c) A county shall be subject to the following:
(1) An additional fee established in accordance with 53
Pa.C.S. § 6011(a) (relating to affordable housing programs fees
in counties) shall be imposed at a flat rate not to exceed 100%
of fees collected under subsection (a).
(2) An additional fee established in accordance with the act
of January 15, 1988 (P.L.1, No.1), known as the Uniform Parcel
Identifier Law, shall be imposed at a flat rate per uniform
parcel identifier and the total fee charged for recording a
single document under the Uniform Parcel Identifier Law or this
act, regardless of the number of uniform parcel identifiers
recorded, shall not exceed $1,000 per document .
(3) Notwithstanding any other provision of law, a recorder
of deeds may charge 50 ¢ per page for copies and $1.50 for
certifications of previously recorded documents.
(d) The governing body of each county shall, by resolution
or ordinance, establish fees in accordance with subsections (a)
and (c)(1) and (2), to the extent the fees are imposed by the
county, within 120 days of the effective date of this section
and may, no more frequently than every two years, adjust those
fees within the limitations of this section. In the absence of a
resolution or ordinance by the governing body of a county, the
flat-rate fee for the recordation of a document shall be $50 for
the first 50 pages.
Section 4. Sections 2.1(b) and 2.2(b) of the act are amended
to read:
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Section 2.1. * * *
(b) In addition to the fee charged by a recorder of deeds or
by an equivalent officer in a home rule charter county, a flat
rate fee in the amount of $5 shall be charged and collected for
each document recorded. The fee shall be distributed in the
following manner:
(1) The amount of $3 shall be retained in a separate
fund within the office of the recorder of deeds to be used,
in accordance with regular county budgeting, contracting and
procurement practices, to support development and improvement
of office records management activities and systems in the
office of the recorder of deeds or in its equivalent in a
home rule charter county. Amounts in the separate fund shall
not be used to substitute any allocations of general revenues
for the operation of the recorder's office without the
express consent of the recorder. The separate fund shall be
audited by the appropriate auditing agency, and any
unexpended balance, together with interest earned on the
separate fund, shall be left in the separate fund to
accumulate from year to year. Beginning with the close of the
fiscal year four years after the effective date of this
section and every four years thereafter, any unencumbered
funds remaining in the separate fund shall be transferred to
the County Records Improvement Fund.
(2) The amount of $2 shall be deposited in the County
Records Improvement Fund for use as prescribed in subsection
(c).
* * *
Section 2.2. * * *
(b) In addition to the fees charged by a recorder of deeds
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or an equivalent officer in a county, the governing body of the
county may, by resolution or ordinance, authorize the recorder
of deeds to charge and collect a flat rate fee not to exceed $15
for each deed and mortgage recorded. The fee shall be deposited
into the county demolition fund to be used exclusively for the
demolition of blighted property situate in the county.
* * *
Section 5. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate the provisions of
this act.
(2) The following acts and parts of acts are repealed:
(i) 53 Pa.C.S. § 6011(b).
(ii) The act of December 17, 1986 (P.L.1685,
No.197), entitled "An act providing that recorders of
deeds may make additional charges for accepting certain
documents."
Section 6. This act shall take effect immediately.
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