THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, FONTANA, COSTA, RAFFERTY, ERICKSON, BREWSTER, HUGHES, WOZNIAK AND FERLO, JUNE 30, 2011

REFERRED TO LOCAL GOVERNMENT, JUNE 30, 2011  

AN ACT

Providing for procedures for recording of deeds.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Deed

Recording Act.

Section 2.  Definitions.

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:

"Deed."  A document conveying title to residential real

property located within this Commonwealth.

"Office."  The recorder of deeds for a county or any office,

department or bureau of a county or city of the first class that

performs the duties of the recorder of deeds.

"Residential real estate."  Real property that is subject to

the requirements of 68 Pa.C.S. Pt. III (relating to residential

real property).

Section 3.  Recording of deeds.

(a)  Duty of office.--Upon presentation of a deed for

recording, the office shall perform a records check to determine

whether the named grantor on the deed matches the record owner

of the residential real estate identified therein, except in the

following situations where the grantor may be a person other

than the recorded owner:

(1)  Any deed where the residential real estate described

therein is part of a decedent's estate.

(2)  Any deed where the grantor has been issued power of

attorney by the record owner.

(3)  Any deed where the grantor is a trustee.

(b)  Failure to match.--In the event that there is no match

under subsection (a), the office shall not record the deed. If

the office determines that the circumstances suggest the

possibility that fraud may have occurred in the conveyance of

the residential real estate, it shall refer the matter to the

district attorney for the county where the office is located.

(c)  Prohibition on recording.--The following deeds shall not

be recorded unless accompanied by additional documentation as

follows:

(1)  Where the residential real estate identified in the

deed is part of a decedent's estate, letters testamentary or

letters of administration issued by the proper authority

shall be provided.

(2)  Where the grantor has been granted power of attorney

by the record owner of the real estate identified in the

deed, written documentation of the power of attorney shall be

provided.

(3)  Where the grantor is a trustee, the writing creating

the trust shall be provided.

(4)  Where the grantor is a corporation, documentation of

the filing of articles of incorporation with the appropriate

Commonwealth agency shall be provided.

(5)  Where, under the published regulations or rules of

the office, the grantor may be someone other than the record

owner of the real estate identified in the deed, the office

shall determine the appropriate documentation to be provided.

(d)  Recording of deeds delivered by mail.--Any deed

delivered to the office by mail shall not be recorded unless it

has been sent by registered or certified mail of the United

States Postal Service.

(e)  Notice.--Within 30 days of the recording of any deed,

the office shall notify, by first class mail, the prior recorded

owner of the real estate identified in the deed, and the

occupant at the address of the real estate identified in the

deed if that address is different from the record owner's

address, that the deed has been recorded.

Section 4.  Exemptions.

The provisions of this act shall not apply to sheriff's deeds

or deeds presented for recording by or for:

(1)  A title insurance company or agent.

(2)  An attorney or law firm.

(3)  A real estate broker or real estate agent licensed

under the laws of this Commonwealth.

Section 5.  Construction.

The requirements of this act shall be in addition to any

other requirements imposed by Commonwealth law or regulation.

Section 6.  Repeals.

All acts and parts of acts are repealed insofar as they are

inconsistent with this act.

Section 7.  Effective date.

This act shall take effect in 60 days.