act-1881-0-105•Pennsylvania Act 1881-105 — MORTGAGE PAYMENTS - SATISFACTION
Pennsylvania Act 1881-105 — MORTGAGE PAYMENTS - SATISFACTION
act-1881-0-1051881 Pa. Act 105Law
Act text
MORTGAGE PAYMENTS - SATISFACTION
Act of Jun. 10, 1881, P.L. 97, No. 105 Cl. 68
AN ACT
Regulating the satisfaction of mortgages where the legal
presumption of the payment of the same exists from the lapse
of time, and no satisfaction of record appears.
Compiler's Note. Act 105 was suspended by Pennsylvania Rule
of Civil Procedure No. 1068(b), adopted March 11, 1991.
Section 1. Satisfaction in case of presumption of payment
from lapse of time
In all cases where the legal presumption of the payment of
mortgages shall exist from lapse of time, and no satisfaction
appears on the record thereof, it shall be lawful for the owner
or owners of the mortgaged premises to apply by petition to the
court of common pleas of the county where the mortgaged premises
are situate, setting forth the premises, and also the name of
the holder or holders of the mortgage, if known, and if not
known then stating that fact, whereupon the said court shall
direct the sheriff of the said county to serve a notice, stating
the facts set forth in the petition, on the holder or holders of
the said mortgage, if to be found in the said county, and, in
case the parties aforesaid cannot be found in the said county,
then the said sheriff shall give public notice as aforesaid, in
one or more newspapers published within or nearest the said
county, once a week for four weeks successively prior to the
then next term after the petition as aforesaid shall have been
presented, requiring said parties to appear at said term and
answer the petition as aforesaid; at which term, should any
person or persons appear, claiming to be the holder or holders
of the said mortgage, the said court shall enter a rule on the
person or persons claiming to sue out a writ of scire facias to
the next quarterly or monthly return day, to which it shall be
lawful for any party to appear and defend as is now authorized
by law, as to writs of scire facias, and in default of a
compliance with the said rule, and in the event of a
nonappearance of any person to answer the said petition as
aforesaid, the said court, being satisfied of the truth of the
said petition, are hereby authorized and required, at the same
or any subsequent term of the said court, to decree and direct
that satisfaction shall be entered on the record of the said
mortgage by the recorder of the proper county, on payment of the
costs due relative to the entry of said mortgage or any
proceedings thereon; which said satisfaction so entered shall
forever thereafter discharge, defeat and release the same, and
shall likewise bar all actions brought or to be brought thereon,
as fully and effectually to all intents and purposes as if the
satisfaction had been entered by the legal holder or holders of
the said mortgage. When a mortgage contains no fixed date of
maturity or date of payment, it shall be deemed, for the purpose
of having satisfaction entered on the record under the
provisions of this act because of a legal presumption of payment
from lapse of time, to have matured and the payment thereof to
have become due one year from the date of acknowledgment of such
mortgage. 1881, June 10, P.L. 97, Sec. 1; 1927, April 27, P.L.
461, Sec. 1.
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