PRINTER'S NO. 2540

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1932 Session of 1984


        INTRODUCED BY RAPPAPORT AND SPENCER, FEBRUARY 14, 1984

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 1984

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, adding liens for
     3     condominium assessments as liens which may be prior to the
     4     lien of a mortgage which is not affected by a judicial sale
     5     on a junior lien.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 8152(a) of Title 42 of the Pennsylvania
     9  Consolidated Statutes is amended to read:
    10  § 8152.  Judicial sale as affecting lien of mortgage.
    11     (a)  General rule.--Except as otherwise provided in this
    12  section, a judicial or other sale of real estate shall not
    13  affect the lien of a mortgage thereon, if the lien of the
    14  mortgage is or shall be prior to all other liens upon the same
    15  property except:
    16         (1)  Other mortgages, ground rents [and], purchase money
    17     due the Commonwealth and liens for condominium assessments or
    18     fines created under 68 Pa.C.S. § 3315 (relating to lien for
    19     assessments).

     1         (2)  Taxes, municipal claims and assessments, not at the
     2     date of the mortgage duly entered as a lien in the office of
     3     the clerk of the court of common pleas.
     4         (3)  Taxes, municipal claims and assessments whose lien
     5     though afterwards accruing has by law priority given it.
     6     * * *
     7     Section 2.  This act shall take effect immediately.
















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