Bill Text: PA HB1917 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for upset sale price.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-09-28 - Re-committed to APPROPRIATIONS [HB1917 Detail]

Download: Pennsylvania-2009-HB1917-Introduced.html

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PRINTER'S NO. 2563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1917 Session of2009
INTRODUCED BY PERZEL, DERMODY, PETRI, BELFANTI, GEIST, GODSHALL, HARPER, HESS, W. KELLER, MILLER, MYERS, M. O'BRIEN, PASHINSKI, REICHLEY, SAYLOR, SIPTROTH, SWANGER, J. TAYLOR AND YOUNGBLOOD, AUGUST 10, 2009
REFERRED TO COMMITTEE ON URBAN AFFAIRS, AUGUST 10, 2009
AN ACT
Amending the act of May 16, 1923 (P.L.207, No.153), entitled "An
act providing when, how, upon what property, and to what
extent, liens shall be allowed for taxes and for municipal
improvements, for the removal of nuisances, and for water
rents or rates, sewer rates, and lighting rates; for the
procedure upon claims filed therefor; the methods for
preserving such liens and enforcing payment of such claims;
the effect of judicial sales of the properties liened; the
distribution of the proceeds of such sales, and the
redemption of the property therefrom; for the lien and
collection of certain taxes heretofore assessed, and of
claims for municipal improvements made and nuisances removed,
within six months before the passage of this act; and for the
procedure on tax and municipal claims filed under other and
prior acts of Assembly," further providing for upset sale
price.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 29 of the act of May 16, 1923 (P.L.207,
No.153), referred to as the Municipal Claim and Tax Lien Law,
amended June 5, 1937 (P.L.1732, No.361), is amended to read:
Section 29. (a) The plaintiff in any judgment recovered on
a tax or municipal claim may, upon paying the sheriff's costs,
fix an upset price to be realized at any sale under such
judgment, sufficient to pay all taxes and municipal claims, and
all accrued but unfiled taxes and claims, in full. No sale shall
be made on a judgment recovered on a tax or municipal claim
except for a sum sufficient to pay all taxes and municipal
claims in full, except as hereinafter provided, and the
plaintiff in such judgment may purchase the property at such
sale, for that sum, if no one bids a higher price therefor,
except when a municipality is the real plaintiff in such
judgment, and no one else bids a sum sufficient to pay sheriff's
costs and all taxes and municipal claims in full, said
municipality may purchase the property for the sheriff's costs
thereon, subject to the lien of all taxes and municipal claims,
and liens not otherwise discharged by the sale under existing
law.
(b) Upon a purchase by a municipality for the sheriff's
costs, any income received from the property by the municipality
in excess of that necessary for the upkeep of said property and
the payment of insurance premiums thereon, and the cost of
improvements thereto, shall be applied to the payment of the
costs of sale, then to payment of all taxes liened and unliened,
in the order of their priority, the oldest being paid first, and
then to municipal claims in the same order.
(c) A plaintiff may give the right of first refusal to match
the upset sale price under this section to a local redevelopment
authority or its designated agent, which right must be exercised
within fifteen days of the sale. No title shall pass to the
purchaser at sale unless the fifteen days have passed and the
right of first refusal has not been exercised.
Section 2. This act shall take effect in 60 days.
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