Pennsylvania Act 1933-317 — VALIDATING SHERIFF'S SALES

Act text

VALIDATING SHERIFF'S SALES
                 Act of Jun. 3, 1933, P.L. 1467, No. 317              Cl. 68
                                  AN ACT

     Validating sheriff's sales of real estate on judgments of
        foreclosure in scire facias sur mortgage cases when the
        release of the mortgagor from liability was not filed with
        the praecipe.

        Section 1.  Be it enacted, &c., That whenever a writ of scire
     facias sur mortgage has heretofore been issued against the real
     owner or owners of real estate without the original mortgagor or
     mortgagors having been joined as defendant or defendants, and a
     judgment of foreclosure secured in such case and the property
     sold by the sheriff, then, and in that event, the title acquired
     by the purchaser at such sale shall be a full and complete title
     even though the release of the holder of the mortgage to the
     original mortgagor or mortgagors, releasing him, her or them,
     and their heirs, executors and administrators, from all personal
     liability for the debt secured by the mortgage being foreclosed,
     was not filed before the issuance of the writ as required by
     law: Provided, That the original mortgagor or mortgagors, him,
     her or them, or their heirs, executors and administrators, be
     released by the mortgagee, his heirs, executors and
     administrators, from all personal liability for the debt secured
     by the mortgage by release filed in the proper office.
        Section 2.  This act shall become effective immediately upon
     final enactment.