§ 4303. Effect of judgments and orders as liens.
(a) Real property.--Any judgment or other order of a court of common pleas for the payment of money shall
be a lien upon real property on the conditions, to the extent and with the priority
provided by statute or prescribed by general rule adopted pursuant to section 1722(b)
(relating to enforcement and effect of orders and process) when it is entered of record
in the office of the clerk of the court of common pleas of the county where the real
property is situated, or in the office of the clerk of the branch of the court of
common pleas embracing such county.
(b) Order of court as lien.--Any other order of a court of common pleas shall be a lien upon real and personal
property situated within any county embraced within the judicial district on the conditions,
to the extent and with the priority provided by statute or prescribed by general rule
adopted pursuant to section 1722(b).
(c) Transfer of domestic judgments and orders.--An order of any court of this Commonwealth which is a lien on real or personal property
situated within any county of this Commonwealth pursuant to subsection (a) or (b)
shall be a lien upon real or personal property situated within any other county to
the same extent as if resulting from an order of the court of common pleas of such
other county upon compliance with such transfer and filing procedures as may be prescribed
by general rule.
(Oct. 5, 1980, P.L.693, No.142 eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff.
imd.)
1982 Amendment. Act 326 amended subsec. (a), retroactive to June 27, 1978.
Notes of Decisions
United States v. Est. of Romani, 523 U.S. 517 (1998).
· cites it 2× “42 Pa. Cons. Stat. § 4303 (a) (1995). After the judgment has been recorded, the judgment creditor has the same right to notice of a tax sale as a mortgagee.”
In Re Upset Sale, Tax Cl. Bureau of Berks, 479 A.2d 940 (Pa. 1984).
· cites it 2× “42 Pa.C.S. § 4303. Although a judgment creditor maintains a general lien on all the real property of the debtor, he is not a secured creditor but rather an unsecured creditor.”
Mid-State Bank & Trust Co. v. Globalnet Int'l, Inc., 735 A.2d 79 (Pa. 1999).
· cites it 3× “Whether the Superior Court majority erred in holding that the 1987 Judgment Lien was governed by 42 Pa.C.S. § 4303(a). DISCUSSION Issue One—Custodia Legis Relying primarily on the dissenting opinion of Judge Tamilia, Blesh argues that the Property was held in custodia legis…”
Fed. Land Bank of Balt. v. Sustrik, 533 A.2d 169 (Pa. 1987).
· cites it 5× “In so stating, the auditor looked to 42 Pa.C.S. § 4303(a), which, in pertinent part, establishes that a judgment or order of court for the payment of money shall be a lien “with the priority provided by a statute .”
Smith v. Botzet (In Re Smith), 401 B.R. 674 (Bankr. E.D. Pa. 2009).
· cites it 3× “42 Pa. Cons.Stat. Ann. § 4303. A judgment entered in a federal court civil proceeding can also become a judicial lien on certain real property in Pennsylvania.”
PNC Bank, Nat'l Ass'n v. Balsamo, 634 A.2d 645 (Pa. Super. Ct. 1993).
“The judgment represents a binding judicial determination of the rights and duties between the parties, and establishes their debtor-creditor relationship for all the world to notice when the judgment is recorded in a Prothonotary’s Office.”
Morgan Guar. Trust Co. v. Staats, 631 A.2d 631 (Pa. Super. Ct. 1993).
“The judgment represents a binding judicial determination of the rights and duties between the parties, and establishes their debtor-creditor relationship for all the world to notice when the judgment is recorded in a Prothonotary’s Office.”
Clairton Corp. v. Chicago Title Ins., 652 A.2d 916 (Pa. Super. Ct. 1995).
“The judgment represents a binding judicial determination of the rights and duties between the parties, and establishes their debtor-creditor relationship for all the world to notice when the judgment is recorded in a Prothonotary’s Office.”
— 42 Pa. Cons. Stat. § 4303(A) — 1 case
— 42 Pa. Cons. Stat. § 4303(a) — 17 cases
Mid-State Bank & Trust Co. v. Globalnet Int'l, Inc., 735 A.2d 79 (Pa. 1999).
“Whether the Superior Court majority erred in holding that the 1987 Judgment Lien was governed by 42 Pa.C.S. § 4303(a). DISCUSSION Issue One—Custodia Legis Relying primarily on the dissenting opinion of Judge Tamilia, Blesh argues that the Property was held in custodia legis…”
Fed. Land Bank of Balt. v. Sustrik, 533 A.2d 169 (Pa. 1987).
“In so stating, the auditor looked to 42 Pa.C.S. § 4303(a), which, in pertinent part, establishes that a judgment or order of court for the payment of money shall be a lien “with the priority provided by a statute .”
— 42 Pa. Cons. Stat. § 4303(a)(b) — 7 cases
In Re Upset Sale, Tax Cl. Bureau of Berks, 479 A.2d 940 (Pa. 1984).
“42 Pa.C.S. § 4303. Although a judgment creditor maintains a general lien on all the real property of the debtor, he is not a secured creditor but rather an unsecured creditor.”
PNC Bank, Nat'l Ass'n v. Balsamo, 634 A.2d 645 (Pa. Super. Ct. 1993).
“The judgment represents a binding judicial determination of the rights and duties between the parties, and establishes their debtor-creditor relationship for all the world to notice when the judgment is recorded in a Prothonotary’s Office.”
Morgan Guar. Trust Co. v. Staats, 631 A.2d 631 (Pa. Super. Ct. 1993).
“The judgment represents a binding judicial determination of the rights and duties between the parties, and establishes their debtor-creditor relationship for all the world to notice when the judgment is recorded in a Prothonotary’s Office.”
Clairton Corp. v. Chicago Title Ins., 652 A.2d 916 (Pa. Super. Ct. 1995).
“The judgment represents a binding judicial determination of the rights and duties between the parties, and establishes their debtor-creditor relationship for all the world to notice when the judgment is recorded in a Prothonotary’s Office.”
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