231 Pa. Code Rule 3101.2. Obligation Secured by Real and Personal Property. Plaintiff's Election to Proceed against Both in Accordance with Its Rights against the Real Property.

231 Pa. Code Rule 3101.2. Obligation Secured by Real and Personal Property. Plaintiff’s Election to Proceed against Both in Accordance with Its Rights against the Real Property.

Rule 3101.2. Obligation Secured by Real and Personal Property. Plaintiff’s Election to Proceed against Both in Accordance with Its Rights against the Real Property.

(a)(1)  A money judgment on an obligation secured by a mortgage which grants a mortgage lien on an estate, leasehold or interest in land and also a security interest in personal property, at the election of the plaintiff, may be enforced against both in one proceeding pursuant to the rules of this chapter governing execution against real property.
   (2)  A claim that any tangible personal property levied upon pursuant to a writ of execution is the property of a person other than the defendant in the execution shall proceed in accordance with Rule 3201 et seq. governing sheriff’s interpleader.

   Official Note
   The rules of this chapter governing execution on personal property do not apply to an execution on personal property if an election has been made to proceed under this rule. However, Rule 3201 et seq. governing sheriff’s interpleader does apply when tangible personal property levied upon is claimed to be the property of a person other than the defendant in the execution.
   For a similar provision applicable to the enforcement of a judgment of mortgage foreclosure, see Rule 3180(b).
    (b) The plaintiff shall make the election to proceed under subdivision (a) by filing an affidavit setting forth the place of record of the mortgage and stating that
     (1) the mortgage covers both the real property and the personal property against which the plaintiff seeks execution, and
     (2) the plaintiff intends to proceed against both in accordance with its rights against the real property pursuant to Section 9604 of the Uniform Commercial Code and this rule.
    (c) If plaintiff elects to proceed as provided by this rule, the term ‘‘real property’’ as used in this chapter shall be deemed to include the personal property.

   Official Note
   Subdivision (c) is not applicable to a proceeding in sheriff’s interpleader under Rule 3201 et seq. in which tangible personal property levied upon is claimed to be the property of a person other than the defendant in the execution.

Source

   The provisions of this Rule 3101.2 adopted March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411.

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