§ 8152 — Judicial sale as affecting lien of mortgage

Pennsylvania § 8152

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VII
• Ch. 81: JUDGMENTS AND OTHER LIENS
• Subch.: ENFORCEMENT OF JUDGMENTS

Text

(a) General rule.--Except as otherwise provided in this section, a judicial or other sale of real estate shall not affect the lien of a mortgage thereon, if the lien of the mortgage is or shall be prior to all other liens upon the same property except:

(1) Other mortgages, ground rents and purchase money due the Commonwealth.

(2) Taxes, municipal claims and assessments, not at the date of the mortgage duly entered as a lien in the office of the clerk of the court of common pleas.

(3) Taxes, municipal claims and assessments whose lien though afterwards accruing has by law priority given it.

(b) Property of a decedent, etc.--A judicial sale of the property shall divest the lien of a mortgage to the extent authorized by the court pursuant to the following provisions of Title 20 (relating to decedents, estates and fiduciaries):

Section 3353 (relating to order of court).

Section 3357 (relating to title of purchaser).

(c) Sale on prior lien.--A judicial or other sale of real estate in proceedings under a prior judgment or a prior ground rent, or in foreclosure of a prior mortgage, shall discharge a mortgage later in lien.

(d) Unseated lands.--Subsection (a) shall not apply to mortgages upon unseated lands or sales of unseated lands for taxes.

Legislative History

Cross References.Section 8152 is referred to in sections 3315, 4315, 5315 of Title 68 (Real and Personal Property).