SUBCHAPTER C
PRIORITY OF LIENS
Sec.
8141. Time from which liens have priority.
8142. Endorsement of time.
8143. Open-end mortgages.
8144. Mortgages to secure certain advances.
Enactment. Subchapter C was added April 28, 1978, P.L.202, No.53, effective in 60 days.
§ 8141. Time from which liens have priority.
Liens against real property shall have priority over each other on the following basis:
(1) Purchase money mortgages, from the time they are delivered to the mortgagee, if they
are recorded within ten days after their date; otherwise, from the time they are left
for record. A mortgage is a "purchase money mortgage" to the extent that it is:
(i) taken by the seller of the mortgaged property to secure the payment of all or part
of the purchase price; or
(ii) taken by a mortgagee other than the seller to secure the repayment of money actually
advanced by such person to or on behalf of the mortgagor at the time the mortgagor
acquires title to the property and used by the mortgagor at that time to pay all or
part of the purchase price, except that a mortgage other than to the seller of the
property shall not be a purchase money mortgage within the meaning of this section
unless expressly stated so to be.
(2) Other mortgages and defeasible deeds in the nature of mortgages, from the time they
are left for record.
(3) Verdicts for a specific sum of money, from the time they are recorded by the court.
(4) Adverse judgments and other orders, from the time they are rendered.
(5) Amicable judgments, from the time the instruments on which they are entered are left
for entry.
(6) Writs which when issued and indexed by the office of the clerk of the court of common
pleas create liens against real property, from the time they are issued.
(7) Other instruments which when entered or filed and indexed in the office of the clerk
of the court of common pleas create liens against real property, from the time they
are left for entry or filing.
Cross References. Section 8141 is referred to in section 8143 of this title.
Notes of Decisions
Com. Bank/Harrisburg, N.A. v. Kessler, 46 A.3d 724 (Pa. 2012).
“(c) Any lien obtained under this act by a contractor or subcontractor shall be subordinate to the following: (1) A purchase money mortgage as defined in 42 Pa.C.S. § 8141(1) (relating to time from which liens have priority).”
Shipley Fuels Mktg., LLC v. Medrow, 37 A.3d 1215 (Pa. Super. Ct. 2012).
· cites it 2× “Rule 3023(b)(3) documents that suspension, while the committee note explains the content of each of the suspended statutory sections: (3) Sections 8141(3), (4) and (5) of the Judicial Code, 42 Pa.C.S. §§ 8141(3), (4) and (5), are suspended in accordance with Article V, Section…”
Mendelson v. Hargrove (In Re Mirkin), 100 B.R. 221 (Bankr. E.D. Pa. 1989).
· cites it 3× “The first, cited by the Defendants, is 42 Pa.C.S. § 8141, which reads in pertinent part as follows: § 8141.”
Keller, D. v. The Bank of NY Mellon, 212 A.3d 52 (Pa. Super. Ct. 2019).
“3136(c), does only a party holding a 'recorded' judgment/lien/mortgage under the lien priority statutes ( 42 Pa.C.S. Sections 8141 - 8142 ) have standing to file exceptions? 3) Even if Pa.”
Farmers Trust Co. v. Bomberger, 523 A.2d 790 (Pa. 1987).
“*97 Priority for the liens of purchase money mortgages is provided by statute at 42 Pa.C.S. § 8141(1) as follows: Liens against real property shall have priority over each other on the following basis: (1) Purchase money mortgages, from the time they are delivered to the…”
Nelson Co. v. Amquip Corp., 128 B.R. 930 (E.D. Pa. 1991).
“See also 42 Pa.Cons.Stat.Ann. § 8141(5) (Pur-don 1982), which declares: "Amicable judgments [have priority] from the time the instruments on which they are entered are left for entry”.”
State Street Bank v. Petrey, 819 A.2d 581 (Pa. Super. Ct. 2003).
“Lai, enjoyed priority in distribution of proceeds under the Lien Priority Law, 42 Pa.C.S. § 8141(2), because the purchase money mortgage it held predated Dr.”
Fed. Land Bank of Balt. v. Sustrik, 533 A.2d 169 (Pa. 1987).
“In support thereof, they point to 42 Pa.C.S. § 8141(4), which provides: Liens against real property shall have priority over each other on the following basis: * * * * * sit (4) Adverse judgments and other orders, from the time they are rendered.”
Gambler v. Huyett, 679 A.2d 831 (Pa. Super. Ct. 1996).
“See 42 Pa.C.S. § 8141 (Pur-dons 1982) (“Time from which liens have priority”).”
Krishnan, M. v. Deutche Bank (Pa. Super. Ct. 2016).
· cites it 3× “A21018/16 42 Pa.C.S. § 8141 governs the priority of competing purchase money mortgage liens against real property.”
— 42 Pa. Cons. Stat. § 8141(1) — 5 cases
Com. Bank/Harrisburg, N.A. v. Kessler, 46 A.3d 724 (Pa. 2012).
“(c) Any lien obtained under this act by a contractor or subcontractor shall be subordinate to the following: (1) A purchase money mortgage as defined in 42 Pa.C.S. § 8141(1) (relating to time from which liens have priority).”
Farmers Trust Co. v. Bomberger, 523 A.2d 790 (Pa. 1987).
“*97 Priority for the liens of purchase money mortgages is provided by statute at 42 Pa.C.S. § 8141(1) as follows: Liens against real property shall have priority over each other on the following basis: (1) Purchase money mortgages, from the time they are delivered to the…”
— 42 Pa. Cons. Stat. § 8141(2) — 3 cases
State Street Bank v. Petrey, 819 A.2d 581 (Pa. Super. Ct. 2003).
“Lai, enjoyed priority in distribution of proceeds under the Lien Priority Law, 42 Pa.C.S. § 8141(2), because the purchase money mortgage it held predated Dr.”
— 42 Pa. Cons. Stat. § 8141(3) — 1 case
Shipley Fuels Mktg., LLC v. Medrow, 37 A.3d 1215 (Pa. Super. Ct. 2012).
“Rule 3023(b)(3) documents that suspension, while the committee note explains the content of each of the suspended statutory sections: (3) Sections 8141(3), (4) and (5) of the Judicial Code, 42 Pa.C.S. §§ 8141(3), (4) and (5), are suspended in accordance with Article V, Section…”
— 42 Pa. Cons. Stat. § 8141(4) — 1 case
Fed. Land Bank of Balt. v. Sustrik, 533 A.2d 169 (Pa. 1987).
“In support thereof, they point to 42 Pa.C.S. § 8141(4), which provides: Liens against real property shall have priority over each other on the following basis: * * * * * sit (4) Adverse judgments and other orders, from the time they are rendered.”
— 42 Pa. Cons. Stat. § 8141(5) — 1 case
Nelson Co. v. Amquip Corp., 128 B.R. 930 (E.D. Pa. 1991).
“See also 42 Pa.Cons.Stat.Ann. § 8141(5) (Pur-don 1982), which declares: "Amicable judgments [have priority] from the time the instruments on which they are entered are left for entry”.”
— 42 Pa. Cons. Stat. § 8141(l)(ii) — 2 cases
Mendelson v. Hargrove (In Re Mirkin), 100 B.R. 221 (Bankr. E.D. Pa. 1989).
“The first, cited by the Defendants, is 42 Pa.C.S. § 8141, which reads in pertinent part as follows: § 8141.”
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