act-1885-0-123•Pennsylvania Act 1885-123 — MORTGAGES, ASSIGNMENT OF
Pennsylvania Act 1885-123 — MORTGAGES, ASSIGNMENT OF
act-1885-0-1231885 Pa. Act 123Law
Act text
MORTGAGES, ASSIGNMENT OF
Act of Jun. 24, 1885, P.L. 157, No. 123 Cl. 68
AN ACT
Relating to the assignment of mortgages and other obligations.
Section 1. Holders of mortgages may be required to assign
the same in certain cases
It shall and may be lawful for any person or persons, natural
or artificial, holding lands encumbered by mortgage, judgment,
recognizance or other security, so encumbered by any previous
owner or owners, after such money shall have become due and
payable, his or their agent or attorney, to tender to the holder
of any such mortgage, judgment, recognizance or other security,
such sum of money as shall or may be due by virtue thereof, to
such holder or holders, including interest and costs, and to
require the said holder or holders to assign and transfer, to
such person or persons as the owner or owners of such incumbered
premises may name, such mortgage, judgment, recognizance or
other security, in the following cases:
I. Where lands and tenements, or any interest in possession,
belong to a minor or minors, and it shall be made to appear to
the court that it would be to the interest of such minor or
minors, that the mortgage, judgment, recognizance or other
security, should be assigned to the appointee of the guardian of
such minor or minors.
II. Where lands and tenements are held by will, or
otherwise, for life, with remainder over.
III. Where lands and tenements are held in trust, under the
provisions of any last will and testament, or any deed of trust.
IV. Where lands have descended under the intestate law.
1885, June 24, P.L. 157, Sec. 1.
Section 2. Assignment may be enforced by court
In case the holder of any such mortgage, judgment,
recognizance or other security, shall fail or neglect, on such
tender being made, to execute an assignment or transfer as
required, it shall and may be lawful for a court of common pleas
of the county, in which said mortgage, judgment or recognizance
shall be entered or record, or of the county in which said
holder shall reside, when such court shall be sitting in equity,
to enforce by decree and attachment such assignments and
transfer as aforesaid, and for the said court to order that the
interest, due on such mortgage, judgment or recognizance, or
other securities, shall cease from the day of such tender until
the assignment or transfer so required shall be executed and
delivered, and also to make such other and further decree in
relation to the subject matter, including cost, as justice and
equity may seem to require: Provided, That it shall be first
made to appear to the court that all parties in interest in the
lands so encumbered have joined in the application for the
assignment of such mortgage, judgment, recognizance or other
security. 1885, June 24, P.L. 157, Sec. 2.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.