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A05635
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
653
Session of
2017
INTRODUCED BY MASSER, TAYLOR, LONGIETTI, DUNBAR, SCHLOSSBERG,
ZIMMERMAN, MILLARD, JAMES, BARRAR, NEILSON, WATSON, HELM,
BARBIN, A. HARRIS, WARD, STAATS, SIMMONS, M. K. KELLER,
SOLOMON, COX AND IRVIN, FEBRUARY 28, 2017
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 28, 2017
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in real property,
providing for real estate foreclosure of vacant and abandoned
property and for sheriff's commission and credit or attorney
fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 23
REAL ESTATE FORECLOSURE
SUBCHAPTER A
VACANT AND ABANDONED PROPERTY
Sec.
2301. Short title of subchapter.
2302. Legislative findings and purpose.
2303. Definitions.
2304. Certification of vacant and abandoned mortgaged property.
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2305. Requirements to certify mortgaged property as vacant and
abandoned.
2306. Effect of certification of vacancy and abandonment.
2307. Post-sheriff's sale possessory action, effect of
certification of vacancy and abandonment in action
for possession and disposition of abandoned personal
property.
2308. Construction.
§ 2301. Short title of subchapter.
This subchapter shall be known and may be cited as the Vacant
and Abandoned Real Estate Foreclosure Act.
§ 2302. Legislative findings and purpose.
The General Assembly finds and declares that:
(1) Vacant and abandoned real estate, coupled with a
default in the obligation to make mortgage payments secured
by that real estate, presents a danger to the health, safety
and welfare of a community.
(2) Vacant and abandoned real estate often is not
repaired, restored and returned to productive use until
either a creditor or municipality acquires title to the real
estate.
(3) An accelerated procedure is needed to maintain the
due process rights of owners of real estate and to reduce
unnecessary delays in an action of mortgage foreclosure or an
action for possession or similar actions to recover real
estate that is vacant and abandoned.
§ 2303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Action for possession." An action in ejectment initiated by
a purchaser to take control of mortgaged property.
"Action to quiet title." An action to resolve claims to
title to a mortgaged property initiated by a creditor or
purchaser.
"Creditor." A person authorized to enforce an obligation
secured by a mortgage or an authorized agent of the creditor,
including a servicer.
"Foreclosure action." An action initiated by a creditor to
enforce a mortgage obligation.
"Mortgage." A consensual interest in real property that
secures an obligation.
"Mortgaged property." Real property that is subject to a
mortgage and improved with buildings or structures intended for
any type of human occupancy, including a formerly mortgaged
property conveyed to a purchaser at a sheriff's sale or pursuant
to a deed in lieu of foreclosure.
"Municipal board of appeals." The body designated to review
decisions of a municipal code enforcement officer under the act
of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act.
"Municipal code enforcement officer." The official
designated to administer and enforce building codes in a
municipality designated under section 501 of the act of November
10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act.
"Municipality." A city, borough, township or incorporated
town.
"Obligation." A debt or other duty or liability of an
obligor secured by a mortgage.
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"Obligor." A person that:
(1) owes payment or performance of an obligation;
(2) has signed a mortgage agreement with respect to
mortgaged property; or
(3) is otherwise accountable in whole or in part for
payment or performance of an obligation.
"Owner." A person claiming the right to ownership,
possession or use of a mortgaged property.
"Proceeding." A foreclosure action, an action for possession
or an action to quiet title relating to a mortgaged property.
"Property address." The address of a mortgaged property,
unless a different address is provided by the owner or obligor
in mortgage documents for notification of the owner or obligor
or in subsequent correspondence sent by the owner or obligor to
change the address for notification specified for use in
mortgage documents.
"Purchaser." Any of the following:
(1) a person that acquires equitable title to a
mortgaged property at a sheriff's sale conducted pursuant to
a foreclosure or similar action and has paid settlement funds
and delivered required documentation to the sheriff to obtain
a sheriff's deed or the owner of a property under a recorded
sheriff's deed to the property or the person's designee;
(2) the owner of a mortgaged property under a recorded
sheriff's deed to the mortgaged property; or
(3) a person that takes title to a mortgaged property
pursuant to a deed in lieu of foreclosure.
"Record." As a noun, the term means information that is
inscribed on a tangible medium or is stored in an electronic or
other medium and is retrievable in perceivable form.
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"Residential mortgaged property." A mortgaged property
located within this Commonwealth containing two or fewer
residential units or on which two or fewer residential units are
to be constructed, including a residential condominium,
cooperative or planned community unit.
"Servicer." A person that is responsible for servicing an
obligation, including a person that holds or owns an obligation
or originates a mortgage loan if the person also services the
obligation.
"Vacant and abandoned property." Property that meets the
requirements for certification as provided under section 2305
(relating to requirements to certify mortgaged property as
vacant and abandoned).
"Vacant property." Mortgaged property with respect to which
the owner and all persons claiming through the owner, including
tenants, have relinquished possession. The term does not include
unoccupied mortgaged property that is:
(1) undergoing construction, renovation or
rehabilitation and that is proceeding with reasonable
diligence to completion;
(2) physically secured and used or held for use by the
homeowner as a vacation or seasonal home; or
(3) physically secured and the subject of a probate
action or other litigation in which ownership is contested.
§ 2304. Certification of vacant and abandoned mortgaged
property.
(a) General rule.--After a creditor gives notice to an
obligor of a delinquency or other default with respect to an
obligation secured by a mortgage or initiates a foreclosure
action or action for possession or to quiet title, a mortgaged
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property for which the notice is given or proceedings are
initiated shall be certified as vacant and abandoned if:
(1) a creditor or purchaser has been designated as a
conservator of the mortgaged property under section 5 of the
act of November 26, 2008 (P.L.1672, No.135), known as the
Abandoned and Blighted Property Conservatorship Act;
(2) the mortgaged property is certified as vacant and
abandoned by the municipality in which the mortgaged property
is located in the manner provided under subsection (b); or
(3) the mortgaged property is certified as vacant and
abandoned in a proceeding in the manner provided under
subsection (c).
(b) Municipal certification.--A mortgaged property shall be
deemed vacant and abandoned by the municipality in which the
mortgaged property is located if:
(1) A creditor requests that the municipal code
enforcement officer for the municipality make a determination
that the mortgaged property is vacant and abandoned.
(2) The municipal code enforcement officer inspects the
mortgaged property, determines that the mortgaged property is
vacant and abandoned under the requirements of section 2305
(relating to requirements to certify mortgaged property as
vacant and abandoned) and gives notice of the determination
in the manner otherwise provided by law for the giving notice
of municipal code violations.
(3) The creditor pays or agrees to pay a fee not to
exceed 110% of the reasonable costs for the municipal code
inspection officer to conduct an inspection of the mortgaged
property, to prepare a report of the inspection, to give
notice of the results of the inspection to the creditor and
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the obligor and to participate in an appeal of a
determination that the mortgaged property is vacant and
abandoned.
(4) The owner of the mortgaged property fails to seek
review of a determination that the mortgaged property is
vacant and abandoned by the municipal board of appeals within
30 days or, if a timely request for review is filed, a final
determination is made that the mortgaged property is vacant
and abandoned.
(c) Judicial certification.--A mortgaged property shall be
deemed certified as vacant and abandoned in a proceeding as
follows:
(1) In a proceeding, a creditor or purchaser may file a
request with the prothonotary to issue a rule to show cause
why the mortgaged property should not be certified as vacant
and abandoned by submitting an affidavit:
(i) supported as appropriate by images or other
appropriate evidence, alleging that the mortgaged
property qualifies for certification as vacant and
abandoned under the requirements of section 2305; and
(ii) submitted subject to the penalties for false
swearing under 18 Pa.C.S. § 4903 (relating to false
swearing).
(iii) The request may be filed together with the
original complaint in the proceeding or at any time
during the course of the proceeding.
(2) The affidavit that the mortgaged property is vacant
and abandoned may be provided by a municipal code enforcement
officer, the creditor or purchaser or by a competent adult
who has personal knowledge of the condition of the mortgaged
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property, including a property inspector or agent retained by
a creditor.
(3) A request for a rule to show cause need not be
served on the owner of the mortgaged property or an obligor
other than the owner, but the rule issued by the prothonotary
shall be served on the owner or obligor in the manner
provided under paragraph (5).
(4) Within 10 business days of receipt of the request
for a rule to show cause, the prothonotary shall provide a
rule to show cause to the creditor or purchaser if the
affidavit contains assertions of fact that comply with the
requirements for certification as vacant and abandoned as
provided under section 2305.
(5) The rule to show cause shall be served on the owner
and an obligor other than the owner by the creditor or
purchaser as follows:
(i) If the owner or an obligor other than the owner
is represented by counsel in a proceeding in which the
rule to show cause is issued, the rule may be served by
delivery of the rule to show cause to counsel for the
owner or obligor.
(ii) If the owner or an obligor other than the owner
is not represented by counsel in the proceeding, the
creditor shall make at least three attempts to personally
serve the rule to show cause. Attempts at personal
service may occur at the property address and the address
specified in the county tax assessor's office for the
delivery of property tax bills for the mortgaged
property. The attempts shall be at least 72 hours apart
and at reasonable and different times of the day. If the
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creditor cannot complete personal service on a party,
service may be completed by delivery of notice by first
class mail to the addresses at which personal service may
be made and by posting of the property in a conspicuous
manner.
(iii) A rule to show cause may be served on the
owner or an obligor other than the owner in the manner
provided under this paragraph regardless of whether
service of a complaint in a proceeding has been
completed.
(6) A copy of the rule to show cause shall be delivered
by the creditor or purchaser by first class mail to the
municipal code enforcement officer for the municipality where
the mortgaged property is located.
(7) An obligor may respond to the rule to show cause by
filing with the court a statement, submitted under oath or
affirmation that attests the statement is true and subject to
the penalties under 18 Pa.C.S. § 4903, that the mortgaged
property is not vacant and abandoned on a form provided by
the creditor or purchaser as specified below and containing
other information as may be required by the court:
(i) Matter name and docket number.
(ii) Respondent or respondents.
(iii) Address or mortgaged property.
(iv) The respondent or respondents to this rule to
show cause certify that the mortgaged property is not
vacant and abandoned for the following reasons as
designed by checking all appropriate spaces below:
....The property is not vacant and
has been occupied within the
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last 45 days by (specify name or
names of persons).
....Multiple windows, doors or
entrances on the property are
not boarded up, unhinged, closed
off, smashed in or are
continuously unlocked.
....The mortgaged property has not
been stripped of copper or other
metals.
....Interior furnishings, personal
items, appliances or fixtures
have not been removed from the
mortgaged property, including
window treatments, such as
blinds, curtains or shutters.
....Gas, electric, water or sewer
utility services have not been
terminated to the mortgaged
property or are established in
the name of the creditor to
preserve the mortgaged property.
....Newspapers, circulars, flyers or
mail have not accumulated on the
mortgaged property.
....The United States Postal Service
has not discontinued delivery to
the mortgaged property.
....Rubbish, trash, debris,
neglected vegetation or natural
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overgrowth has not accumulated
on the mortgaged property.
....Hazardous, noxious or unhealthy
substances or materials have not
accumulated on the mortgaged
property.
....No communications have occurred
between respondents and (name of
the creditor or purchaser)
stating an intent to vacate or
abandon the property.
....The following other conditions
that indicate abandonment of the
property, namely (any relevant
conditions to be included on the
form by the creditor or
purchaser) are untrue or do not
exist.
With respect to the following violations of municipal building
or housing code (violation to be specified by the creditor or
purchaser).
....No citations alleging violations
have been received.
....Answers alleging that the
violations did not occur and at
this time no final determination
has been made regarding whether
the violations exist, or the
citations were dismissed.
....The violations have been
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corrected within the preceding
year.
The respondent or respondents whose signature appears below
certify under the penalties provided under 18 Pa.C.S. § 4903
(relating to false swearing) with respect to official matters
that the statements above are true and correct.
(Signature of the respondent or
respondents).
(8) If a response to the rule to show cause is not filed
within 20 days, the court shall render an order certifying
the mortgaged property as vacant and abandoned.
(9) If a timely response to the rule to show cause is
filed, the court shall schedule a hearing to determine if
credible evidence exists to certify the mortgaged property as
vacant and abandoned within not fewer than 20 nor more than
30 days after proof of service of the rule to show cause in
the manner provided under paragraph (5).
§ 2305. Requirements to certify mortgaged property as vacant
and abandoned.
(a) General rule.--A mortgaged property may be certified as
vacant and abandoned by a municipal code enforcement officer
under section 2304(b) (relating to certification of vacant and
abandoned mortgaged property) or in a judicial proceeding under
section 2304(c) if the mortgaged property is vacant and
satisfies at least two of following indicia of abandonment:
(1) Multiple windows, doors or entrances on the property
are boarded up, unhinged, closed off, smashed in or are
continuously unlocked.
(2) The mortgaged property has been stripped of copper
or other metals.
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(3) Interior furnishings, personal items, appliances or
fixtures have been removed from the mortgaged property,
including window treatments, such as blinds, curtains or
shutters.
(4) Gas, electric, water or sewer utility services have
been terminated to the mortgaged property or are established
in the name of the creditor to preserve the mortgaged
property.
(5) Newspapers, circulars, flyers or mail has
accumulated on the mortgaged property or the United States
Postal Service has discontinued delivery to the mortgaged
property.
(6) Rubbish, trash, debris, neglected vegetation or
natural overgrowth has accumulated on the mortgaged property.
(7) Multiple municipal building or housing code
violations exist for the mortgaged property and the
violations have been documented as being uncorrected during
the preceding year.
(8) Written and signed statements have been issued by
the mortgaged property's adjoining neighbors, adjacent
neighbors, delivery persons or a municipal code enforcement
officer indicating that the mortgaged property is vacant and
abandoned.
(9) Hazardous, noxious or unhealthy substances or
materials have accumulated on the mortgaged property.
(10) A communication from the owner or obligor stating
that both the owner and any obligor have vacated or abandoned
the property or intend to do so.
(11) Other credible evidence exists indicating the
intent of the owner or obligor to vacate and abandon the
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mortgaged property.
(b) Determining vacancy.--Competent evidence may be relied
on to determine that a mortgaged property is vacant, including
evidence that:
(1) The mortgaged property was found to be vacant at the
time of two inspections occurring at least 45 days apart.
(2) After the first inspection the mortgaged property
was posted with a notice advising an occupant of the
mortgaged property to immediately contact the person who
conducted the inspection and advising that failure to do so
may have adverse legal consequences.
(3) No response was received to the notice posted after
the first inspection from a person legally entitled to occupy
the mortgaged property prior to the second inspection.
(c) Corrective action by creditor or purchaser.--The
remediation of conditions that provide evidence of abandonment
under subsection (b) by the creditor or purchaser or corrective
action taken by a municipality or other person to protect the
public health and welfare shall not prevent a mortgaged property
from meeting the requirements to be certified as vacant and
abandoned.
§ 2306. Effect of certification of vacancy and abandonment.
(a) Foreclosure action.--In a foreclosure action, a
mortgaged property certified as vacant and abandoned shall not
be subject to mediation, conciliation, diversion or other
program established by a local court to encourage resolution of
owner-occupied residential mortgage foreclosures.
(b) Service and notification.--Following a certification
that a mortgaged property is vacant and abandoned, any
subsequent documents required to be served on and any notices
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required to be delivered to the owner and any obligor other than
the owner may be exclusively served and delivered by first class
mail to an address specified by the owner or obligor for the
receipt of communications relating to the property or, if no
address is specified, by delivery to the address of the
mortgaged property and by posting of notice in a conspicuous
location on the mortgaged property.
(c) Scheduling of sheriff's sale.--
(1) If a mortgaged property is certified as vacant and
abandoned, upon the request of a creditor or purchaser, the
sheriff on receipt of an accelerated sale fee of $500 shall
schedule a sale of the mortgaged property to be conducted no
later than 60 days following the filing of the writ of
execution and the sheriff's deed must be recorded no later
than 30 days following the sale.
(2) The accelerated sale fee shall be payable at the
time of the filing of the writ of execution and shall be
immediately refunded if:
(i) the time frames specified in this subsection are
not complied with; or
(ii) the expedited sale date is postponed or
continued by a party other than the creditor.
(d) Scheduling of execution of writ of possession.--
(1) If a mortgaged property is certified as vacant and
abandoned, upon the requests of a creditor or purchaser, the
sheriff on the receipt of an additional fee of $250 shall
execute and serve a writ of possession no later than 20 days
following delivery of the writ to the sheriff.
(2) In order to impose the additional fee, the sheriff
must schedule the removal of a former owner's personal
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property from the mortgaged property and the securing of the
personal property to be conducted no later than 30 days
following the filing of the writ of execution.
(3) The additional fee shall be immediately refunded if:
(i) the time frames provided under this section are
not complied with; or
(ii) the expedited execution is postponed or
continued by a party other than the purchaser.
(e) Possession of mortgaged property pending foreclosure.--
If a mortgaged property is certified as vacant and abandoned or
with the consent of the owner or an obligor other than the
owner, the creditor may enter the mortgaged property peacefully
for the purpose of inspecting, maintaining and repairing the
mortgaged property and shall not be liable to the owner for
trespass or for damage to the property resulting from a cause
other than the creditor's gross negligence or willful
misconduct.
(f) Property maintenance.--
(1) The maintenance obligations of a creditor that
exercises the right to possession pending foreclosure are
limited to compliance with property maintenance requirements
of the Federal Housing Administration for loans insured by
the administration or of the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation for
mortgages held by either respective entity.
(2) For other creditors, the mortgaged property
maintenance obligations of a creditor that exercises its
right to possession pending foreclosure shall be limited to:
(i) Care for the yard and exterior of a building on
vacant and abandoned mortgaged property, including
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removing excessive foliage growth that diminishes the
value of surrounding properties.
(ii) Measures reasonably necessary to prevent
trespassers from remaining on the mortgaged property.
(iii) Preventing mosquito larvae from growing in
standing water on the mortgaged property and infestations
by other vermin and insects.
(iv) Taking other actions needed to prevent
conditions on the mortgaged property that create a
serious and imminent hazard to public health or safety.
§ 2307. Post-sheriff's sale possessory action, effect of
certification of vacancy and abandonment in action
for possession and disposition of abandoned personal
property.
(a) Removal of personal property by former owner.--
(1) When a former owner relinquishes possession of
mortgaged property certified as vacant and abandoned, the
former owner shall remove from the mortgaged property all
items of personal property.
(2) For the purposes of this section, a former owner
shall be deemed to have relinquished possession when the
former owner has:
(i) physically vacated the premises;
(ii) removed substantially all of the former owner's
personal property; or
(iii) provided a forwarding address or written
notice stating that the former owner has vacated the
premises or otherwise communicated to the creditor that
the former owner has relinquished possession of the
mortgaged property.
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(b) Removal of personal property by purchaser.--If the
former owner fails to remove personal property from mortgaged
property certified as vacant and abandoned after delivery of a
sheriff's deed or a deed in lieu of foreclosure, concurrent with
the filing of an action for possession or at any time after the
action is filed, the purchaser may remove the remaining personal
property of the former owner in the following manner:
(1) The purchaser shall serve notice of intent to remove
personal property from the mortgaged property on the owner in
the manner provided under section 2306(b) (relating to effect
of certification of vacancy and abandonment).
(2) The purchaser shall conspicuously post a personal
property removal notice that includes:
(i) the date the notice was posted;
(ii) the address of the mortgaged property;
(iii) the date of the sheriff's sale or the date the
title was acquired by the purchaser;
(iv) a notice that personal property that remains on
the mortgaged property must be retrieved by the former
owner;
(v) a statement that:
(A) The former owner has 10 days from the date
of the notice to notify the purchaser that the former
owner will be retrieving the personal property.
(B) If the intent to retrieve is conveyed to the
purchaser, the personal property shall be retained by
the purchaser at the mortgaged property or a site of
the purchaser's choosing for 30 days from the date of
the notice.
(C) If no communication is made to the purchaser
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within 10 days, the personal property may be disposed
of at the discretion of the purchaser; and
(vi) a telephone number, e-mail address or facsimile
number and address for the purchaser or its agent and the
location where the personal property can be retrieved, if
not at the mortgaged property, and a statement that
retrieval of the personal property after 10 days will
require the former owner to pay for costs related to the
storage of the personal property.
(3) At all times between posting of the personal
property removal notice and the expiration of the 10-day
period, the purchaser shall exercise ordinary care with
regard to any personal property that the former owner left in
or on the mortgaged property.
(4) At the expiration of the 10-day period, the
purchaser shall owe no duty to the former owner with regard
to caring for the personal property and may, in the
purchaser's discretion, dispose of the personal property
subject to the following:
(i) If the personal property is sold and proceeds
exceed any outstanding obligations owed to the owner or
obligor, the proceeds shall be forwarded to the former
owner by certified mail.
(ii) If no forwarding address has been provided to
the purchaser by the former owner, the owner shall hold
the proceeds for 30 days and, if unclaimed, may retain
the proceeds.
(5) If the purchaser has issued a personal property
removal notice to the former owner, the purchaser may store
the former owner's personal property at another location
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within reasonable proximity to the mortgaged property subject
to the following:
(i) If the purchaser stores the personal property at
another location, the purchaser may remove the personal
property from the mortgaged property by any means
reasonably calculated to safeguard the personal property
for the time period required under this section.
(ii) A former owner shall not be required to pay the
costs related to the removal or storage of personal
property by the purchaser if the former owner retrieves
the personal property within 10 days of the date of the
notice.
(6) If the former owner or occupant retrieves the
personal property after 10 days of the date of the notice but
before 30 days, the former owner shall pay any reasonable and
actual costs related to the removal or storage of the
personal property by the purchaser for that time period.
§ 2308. Construction.
Nothing is this subchapter shall be construed to limit or
restrict in any manner remedies available at law or in equity to
a creditor or purchaser in a proceeding.
SUBCHAPTER B
SHERIFF'S COMMISSION AND CREDITOR
ATTORNEY FEES
Sec.
§ 2309. Definitions.
§ 2310. Sheriff's commission.
§ 2311. Limitation on creditor's attorney fees.
§ 2312. Applicability.
§ 2309. Definitions.
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The following words and phrases when used in this subchapter
shall have the meanings given to them under section 2303
(relating to definitions) unless the context clearly indicates
otherwise.
§ 2310. Sheriff's commission.
(a) Timing of payment.--With respect to a mortgaged
property, the commission payable to the sheriff provided under
section 4(b) of the act of July 6, 1984 (P.L.614, No.127), known
as the Sheriff Fee Act, shall not be due unless the mortgaged
property is sold at the execution sale conducted by the sheriff.
(b) Stay, cancellation, withdrawal or postponement of
sale.--If the execution sale of a mortgaged property is stayed,
canceled, withdrawn or postponed due to bankruptcy, because the
mortgage is decelerated and brought current, in whole or in
part, is paid in full or as a result of a loan modification of
the mortgage loan or other resolution of the foreclosure action
or for another reason, the sheriff shall not be entitled to the
commission.
§ 2311. Limitation on creditor's attorney fees.
(a) After commencement of proceedings.--
(1) After the commencement of foreclosure or other legal
action with respect to a residential mortgage that is subject
to the limits on attorney fees provided under section 406 of
the act of January 30, 1974 (P.L.13, No.6), referred to as
the Loan Interest and Protection Law, attorney fees that are
reasonable and actually incurred by the residential mortgage
lender may be charged to the residential mortgage debtor.
(2) Attorney fees are presumed to be reasonable under
paragraph (1) if they:
(i) conform with the attorney fees promulgated and
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as may be amended from time to time by the Federal
National Mortgage Association, Federal Home Loan Mortgage
Corporation, the Department of Housing and Urban
Development, the Department of Veterans Affairs or their
respective successor organizations; and
(ii) are actually incurred for the enforcement of a
mortgage obligation in this Commonwealth.
(3) A party to the action may request, upon application
to the court, a review of the reasonableness of the attorney
fees claimed.
(b) Before commencement of proceedings.--
(1) Prior to the commencement of foreclosure or other
legal action with respect to a residential mortgage, subject
to the limits on attorney fees provided under section 406 of
the Loan Interest and Protection Law and paragraph (2),
attorney fees that are reasonable and actually incurred not
in excess of 0.1% of the amount of the then existing base
figure as defined in section 101 of the Loan Interest and
Protection Law. (1) (Reserved).
(2) No attorney fees may be charged for legal expenses
incurred for a residential mortgage prior to or during the
30-day notice period provided under section 406 of the Loan
Interest and Protection Law.
§ 2312. Applicability.
This subchapter shall apply to the extent provided under
sections 2310 (relating to sheriff's commission) and 2311
(relating to limitation on creditor's attorney fees) and shall
be not limited to mortgaged properties certified as vacant and
abandoned under Subchapter A (relating to vacant and abandoned
property).
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Section 2. Applicability.
This act shall apply to proceedings commenced before, on or
after the effective date of this section.
Section 3. Inconsistent repeals.
The following parts of acts are repealed to the extent of any
inconsistency with 68 Pa.C.S. Ch. 23:
(1) Section 406(3) of the act of January 30, 1974
(P.L.13, No.6), referred to as the Loan Interest and
Protection Law. (1) (Reserved).
(2) Section 7 of the act of July 6, 1984 (P.L.614,
No.127), known as the Sheriff Fee Act.
Section 4. This act shall take effect as follows:
(1) The addition of 68 Pa.C.S. Ch. 23 shall take effect
in 60 days.
(2) The remainder of this act shall take effect
immediately.
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