§ 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).
Notes of Decisions
Est. of Anna Marie Leipold, Appeal of: Hines, S., 208 A.3d 507 (Pa. Super. Ct. 2019).
· cites it 4× “One of the relevant statutes in the analysis described in Landis , 42 Pa.C.S. § 8152, states, in part, as follows: Judicial sale as affecting lien of mortgage (a) General rule.”
City of McKeesport v. Delmar Leasing Corp., 656 A.2d 180 (Pa. Commw. Ct. 1995).
· cites it 4× “Section 8152 of the Judicial Code, 42 Pa.C.S. § 8152, enumerates circumstances under which a mortgage lien on real estate would remain unaffected by the execution sale of the property.”
Dobson Park Mgmt., LLC v. Prop. Mgmt., Inc., 203 A.3d 1134 (Pa. Commw. Ct. 2019).
“A judicial or other sale of the unit in execution of a common element lien or any other lien shall not affect the lien of a mortgage thereon, except the mortgage for which the sale is being held, if the mortgage is or shall be prior to all other liens upon the same property…”
Pub. Fed. Sav. & Loan Ass'n v. Neumann, 483 A.2d 505 (Pa. 1985).
· cites it 3× “42 Pa.C.S. § 8152. 1 Therein lies the significance *393 of the two judgments entered prior in time to the mortgage of appellant and unsatisfied as of record at the time of sheriffs sale.”
Boyer v. Walker, 714 A.2d 458 (Pa. Super. Ct. 1998).
“Boyer’s then current Naples, Florida address. 7 . The legislature has created an exception to this rule whereby the sale of real property pursuant to a writ of execution does not affect the lien of a mortgage if the mortgage is prior to the other liens on the property.”
Logans' Reserve HOA v. J. McCabe & J. McCabe, 152 A.3d 1094 (Pa. Commw. Ct. 2017).
“A judicial or other sale of the unit in execution of a common element lien or any other lien shall not affect the lien of a mortgage on the unit, except the mortgage for which the sale is being held, if the mortgage is prior to all other liens upon the same property except those…”
EMC Mortg. Corp. v. Lentz, 972 A.2d 112 (Pa. Commw. Ct. 2009).
· cites it 6× “2 Millen contends that the trial court erred in failing to conclude that the provisions pertaining to the discharge of a pri- or-in-time mortgage upon judicial sale of property established by Section 8152 of the Judicial Code, 42 Pa.C.S. § 8152 were inapplicable to this action,…”
CitiMortgage, Inc. v. Comini, 184 A.3d 996 (Pa. Super. Ct. 2018).
“" The Falettos' Brief at 14 (citing 42 Pa.C.S. § 8152 (Judicial sale as affecting lien of mortgage) ).”
U.S. Bank, Nat'l Ass'n v. First Am. Title Ins., 944 F. Supp. 2d 386 (E.D. Pa. 2013).
“(c) Sale on a 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.”
— 42 Pa. Cons. Stat. § 8152(a) — 9 cases
Dobson Park Mgmt., LLC v. Prop. Mgmt., Inc., 203 A.3d 1134 (Pa. Commw. Ct. 2019).
“A judicial or other sale of the unit in execution of a common element lien or any other lien shall not affect the lien of a mortgage thereon, except the mortgage for which the sale is being held, if the mortgage is or shall be prior to all other liens upon the same property…”
City of McKeesport v. Delmar Leasing Corp., 656 A.2d 180 (Pa. Commw. Ct. 1995).
“Section 8152 of the Judicial Code, 42 Pa.C.S. § 8152, enumerates circumstances under which a mortgage lien on real estate would remain unaffected by the execution sale of the property.”
Logans' Reserve HOA v. J. McCabe & J. McCabe, 152 A.3d 1094 (Pa. Commw. Ct. 2017).
“A judicial or other sale of the unit in execution of a common element lien or any other lien shall not affect the lien of a mortgage on the unit, except the mortgage for which the sale is being held, if the mortgage is prior to all other liens upon the same property except those…”
— 42 Pa. Cons. Stat. § 8152(a)(2) — 1 case
— 42 Pa. Cons. Stat. § 8152(a)(3) — 1 case
EMC Mortg. Corp. v. Lentz, 972 A.2d 112 (Pa. Commw. Ct. 2009).
“2 Millen contends that the trial court erred in failing to conclude that the provisions pertaining to the discharge of a pri- or-in-time mortgage upon judicial sale of property established by Section 8152 of the Judicial Code, 42 Pa.C.S. § 8152 were inapplicable to this action,…”
— 42 Pa. Cons. Stat. § 8152(c) — 4 cases
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