Court Opinions

State Laws

US Code

US Constitution

Judicial sale as affecting lien of mortgage - 42 Pa. Cons. Stat. § 8152

Legal Research Home > Pennsylvania Statutes

     § 8152.  Judicial sale as affecting lien of mortgage.
        (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.

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

Last modified: November 27, 2007