PRINTER'S NO. 429

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 402 Session of 1991


        INTRODUCED BY TRELLO, PESCI, FARGO, F. TAYLOR, KENNEY,
           GIGLIOTTI, ITKIN, JAMES, KOSINSKI, RAYMOND, MIHALICH, HERMAN,
           J. TAYLOR, KASUNIC, GEIST, BATTISTO, SERAFINI, TANGRETTI,
           CORNELL, TIGUE, HALUSKA, STURLA, DALEY, OLASZ, TELEK AND
           BELARDI, FEBRUARY 12, 1991

        REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE,
           FEBRUARY 12, 1991

                                     AN ACT

     1  Amending the act of May 9, 1986 (P.L.165, No.53), entitled, "An
     2     act requiring banks and other lending institutions to notify
     3     the mortgagor when the mortgage has been paid," requiring
     4     lending institutions holding mortgages for real estate to
     5     forward certain real estate tax bills; and providing for a
     6     limited penalty.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1 of the act of May 9, 1986 (P.L.165,
    10  No.53), entitled, "An act requiring banks and other lending
    11  institutions to notify the mortgagor when the mortgage has been
    12  paid," is amended to read.
    13  Section 1.  Notice requirement.
    14     A bank, savings bank, savings and loan association or other
    15  lending institution holding a residential mortgage shall send
    16  written notification by first class or certified mail to the
    17  mortgagor when the mortgage has been fully paid. Any moneys
    18  remaining in any escrow account established for the payment of

     1  taxes or insurance premiums shall be returned within 30 days to
     2  the mortgagor.
     3     Section 2.  The act is amended by adding a section to read:
     4  Section 1.1.  Notices for real estate taxes.
     5     (a)  General rule.--In the event that any bill for real
     6  estate taxes has been addressed to and received by a bank,
     7  savings bank, savings and loan association or other lending
     8  institution holding a mortgage on residential real property, it
     9  shall be the duty of the bank, savings bank, savings and loan
    10  association or other lending institution within 30 days after
    11  the final payment is made on the mortgage, if this final payment
    12  coincides with the expiration of the term of the mortgage, to:
    13         (1)  Advise, by certified mail, all taxing bodies which
    14     had been sending tax bills to the lending institution:
    15             (i)  that the mortgage is now satisfied;
    16             (ii)  that, effective the date of this notice, all
    17         future tax bills should be sent to the owner; and
    18             (iii)  of the last known address of the property
    19         owner.
    20         (2)  Advise the property owner, by certified mail, either
    21     separately or as part of the notice required in section 1:
    22             (i)  That it has informed the taxing bodies of the
    23         change of address for future tax bills, including
    24         advising the property owner of the address supplied for
    25         that property owner by the lending institution.
    26             (ii)  That it shall be the responsibility of the
    27         property owner to pay all taxes on the real property from
    28         this time forward.
    29             (iii)  Of the name of each taxing body to which real
    30         estate taxes are due and the approximate date when the
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     1         next bill should be expected to be received.
     2     (b)  Forwarding of tax bill.--In the event that any bank,
     3  savings bank, savings and loan association or other lending
     4  institution receives a tax bill for any residential real
     5  property on which it formerly held a mortgage and for which it
     6  was required to comply with the provisions of subsection (a), it
     7  shall forward the tax bills by certified mail, not more than 30
     8  days after receipt of the bill, but not less than ten days prior
     9  to the first applicable due date of the bill, to the last known
    10  address of the property owner. Failure to forward the tax bill
    11  to the last known address of the property owner within the time
    12  period set forth shall subject the bank, savings bank, savings
    13  and loan association or other lending institution to the payment
    14  of any additional tax, including penalty and interest, and any
    15  loss of discount on the tax directly caused by receipt of the
    16  tax bill by the property owner after the applicable due date.
    17     Section 3.  This act shall take effect in 60 days.









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