Rule 3191. Acts of Assembly.
(a) The rules governing the enforcement of a judgment in rem in an action or proceeding upon a mechanics’ lien, municipal claim, tax claim or charge on land shall not be deemed to suspend or affect:
(1) Mechanic’s Liens.
(i) Sections 303(c) and 508 of the Act of August 24, 1963, P. L. 1175, No. 497, 49 § § 1303(c) and 1508.
Official Note
These sections provide for the loss of the lien when property is conveyed in good faith prior to the filing of a claim and for the priority of a lien.
(2) Municipal and Tax Claims.
(i) Section 24 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. § 7275.
Official Note
This Section relates to sequestration of rents.
(ii) Section 27 of the Act of May 16, 1923, P. L. 207, 53 P. S. § 7277.
Official Note
This Section relates to stay upon entry of security and admission of validity of claim.
(iii) Section 29 of the Act of May 16, 1923, P. L. 207, as amended, 53 P. S. § 7279.
Official Note
This Section relates to upset sale price and discharge of liens.
(iv) Section 30 of the Act of May 16, 1923, P. L. 207, 53 P. S. § 7280.
Official Note
This Section relates to execution against quasi public corporations and preference of claims.
(v) Section 31 of the Act of May 16, 1923, P. L. 207, 53 P. S. § 7281.
Official Note
This Section relates to procedure for selling free and clear of all liens.
(vi) Sections 31.1, 31.2 of the Act of May 16, 1923, P. L. 207, as added and amended, 53 P. S. § § 7282, 7283.
Official Note
These Sections relate to procedure for selling free and clear of all claims in first class counties and cities.
(vii) Section 32 of the Act of May 16, 1923, P. L. 207, 53 P. S. § 7293, as added and amended.
Official Note
This Section relates to right of redemption after sale.
(viii) The Real Estate Tax Sale Law approved July 7, 1947, P. L. 1368, as amended, 72 P. S. § 5860.101 and all other acts authorizing Tax Bureau or Treasurer’s sale on tax liens.
(ix) Sections 4 to 9, inclusive, of the Act of March 1, 1956, P. L. (1955) 1196, 53 P. S. § § 7287 to 7292, except insofar as § 7 relates to execution, acknowledgement and delivery of sheriff’s deed.
Official Note
These Sections relate to sale of vacant lots in ‘‘conservation areas’’ free and clear of all liens and without any right of redemption.
(b) The following Acts of Assembly are suspended in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c):
(1) Section 28 of the Act approved May 16, 1923, P. L. 207, 53 P. S. § 7278.
Official Note
This Section provides for execution upon a judgment by writ of levari facias and specifies the form of the writ and procedure thereon.
(2) Section 1404 of the Fiscal Code of April 9, 1929, P. L. 343, Art. XIV, 72 P. S. § 1404, only insofar as it may authorize sale of real estate subject to tax liens on writ of scire facias.
Official Note
This Section authorizes writs of scire facias to issue and be prosecuted to judgment and execution on Commonwealth tax liens.
(3) Section 7 of the Act approved March 1, 1956, P. L. (1955) 1196, 53 P. S. § 7290, insofar as it relates to acknowledgment and delivery of sheriff’s deed.
Official Note
This Section relates to the execution, acknowledgment and delivery of deeds in sale of tax delinquent vacant lots located in blighted ‘‘conservation areas.’’
Source The provisions of this Rule 3191 adopted March 5, 1997, effective July 1, 1997, 27 Pa.B. 1441.
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