Pennsylvania Act 2008-110 — UNIFORM MUNICIPAL DEED REGISTRATION ACT - ENACTMENT

Act text

UNIFORM MUNICIPAL DEED REGISTRATION ACT - ENACTMENT
                 Act of Oct. 9, 2008, P.L. 1400, No. 110              Cl. 68
                                  AN ACT

     Providing for uniform methods to satisfy required municipal
        registration of deeds and conveyances; permitting access of
        information in lieu of registration; prohibiting
        municipalities from requiring municipal registration of deeds
        prior to recordation by recorders of deeds; and making
        inconsistent repeals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Uniform
     Municipal Deed Registration Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Municipality."  A city, borough, incorporated town, township
     of the first class, township of the second class or home rule
     municipality formerly classified as a city, borough,
     incorporated town or township. The term does not include a city
     of the first class.
        "Owner."  Includes a grantee, devisee, subsequent purchaser
     or other person acquiring title to real property who is required
     to register a deed or conveyance with a municipality in
     accordance with law.
        "Recorder of deeds."  Includes any county official
     responsible for the recordation of conveyances in counties
     without recorders of deeds.
     Section 3.  Registration of deeds generally.
        (a)  General rule.--Notwithstanding any other provision of
     law or ordinance or resolution to the contrary, after the
     effective date of this act, any requirement that a deed or
     conveyance be registered with a municipality shall be satisfied
     by either of the following:
            (1)  Registration by the owner or agent in accordance
        with section 4.
            (2)  The obtaining of information necessary for
        registration of the deed or conveyance by the municipality,
        in lieu of registration under paragraph (1), in accordance
        with section 5.
        (b)  Prohibition.--A municipality shall not require that
     registration of a deed be made prior to the recordation of the
     original deed with the recorder of deeds.
     Section 4.  Registration by owner or agent.
        (a)  General rule.--In the absence of an ordinance enacted
     pursuant to section 5, the owner, or an agent on behalf of the
     owner, shall, within two business days after recording the deed
     or conveyance, register the deed or conveyance with the
     municipality which has enacted an ordinance requiring
     registration by any of the following methods:
            (1)  By delivering or sending a copy of the deed as
        submitted for recording by registered or certified mail,
        return receipt requested, to the municipality.
            (2)  If agreeable to both the owner and the municipality,
        by electronically sending an image of the deed as submitted
        for recording to the municipality. The recorder of deeds may,
        but is not required to, electronically transmit the deed as a
        service to the owner and may charge such fees as are provided
        in the act of July 18, 1941 (P.L.421, No.169), entitled "An
        act requiring recorders of deeds to accept and record deeds
        prior to registry, where registry is required, and to have
        the same registered, and fixing fees therefor," in addition
        to the recording fee.
        (b)  Prohibition.--No municipality may require that the
     recorder of deeds effect the registration of a deed.
     Section 5.  Information access in lieu of registration.
        (a)  Agreement.--The municipality and the recorder of deeds
     may enter into an agreement whereby the recorder of deeds shall
     compile and electronically transmit to the municipality or
     otherwise provide the municipality with electronic access to
     information regarding conveyances of real property.
        (b)  Duty of municipality.--The municipality shall, as an
     amendment to an existing ordinance establishing its real estate
     registry or otherwise by the enactment of an ordinance:
            (1)  Reference the existence of the agreement entered
        into pursuant to subsection (a).
            (2)  Establish that the information obtained pursuant to
        the agreement shall be utilized to update and maintain the
        municipality's registry in lieu of registration pursuant to
        section 4.
            (3)  Establish that, as to transfers made after a
        specified date, an owner shall not be required to register a
        deed or conveyance with the municipality.
        (c)  Sufficiency of information.--The agreement may specify
     that any information periodically provided to the municipality
     in accordance with the act of May 17, 1945 (P.L.624, No.264),
     entitled, as amended, "An act requiring the recorder of deeds of
     every county, except counties of the second class, in certain
     cases to report transfers of property to the commissioners of
     townships of the first class and to supervisors of townships of
     the second class," or any other law, is sufficient for the
     purpose of this section.
     Section 6.  Fee for registration.
        For the purpose of maintaining its registry, a municipality
     may charge a reasonable fee, not to exceed $10 per deed. A fee
     imposed pursuant to this section shall be paid as follows:
            (1)  The fee shall accompany any copy of a deed that is
        registered in accordance with section 4(a)(1).
            (2)  The fee shall be delivered or mailed, first class
        prepaid, to the municipality within seven business days after
        recordation in the case of registration in accordance with
        section 4(a)(2) or in the event the municipality enacts an
        ordinance providing for access to information in lieu of
        registration in accordance with section 5.
     Section 7.  Existing powers and duties preserved.
        Existing duties of the recorder of deeds to provide
     information in accordance with the act of May 17, 1945 (P.L.624,
     No.264) entitled, as amended, "An act requiring the recorder of
     deeds of every county, except counties of the second class, in
     certain cases to report transfers of property to the
     commissioners of townships of the first class and to supervisors
     of townships of the second class," or any other law, or any
     power of a municipality to require an owner to provide
     information related to real property, to the extent that these
     duties and powers are not inconsistent with the provisions of
     this act, are hereby preserved.
     Section 8.  Inconsistent ordinance or resolution.
        Any ordinance or resolution, or part thereof, inconsistent
     with the provisions of this act is hereby declared to be void
     and of no effect.
     Section 9.  Repeals.
        (a)  Specific.--The following acts and parts of acts are
     repealed insofar as they are inconsistent with this act:
            (1)  The act of July 17, 1919 (P.L.1001, No.396),
        entitled "An act authorizing boroughs and incorporated towns
        to establish systems for the registration of deeds and titles
        to real estate; imposing certain duties upon sheriffs,
        prothonotaries, and recorders of deeds; and providing
        penalties."
            (2)  Subarticle (b) of Article XV of the act of June 23,
        1931 (P.L.932, No.317), known as The Third Class City Code.
            (3)  Subarticle (b) of Article XIII of the act of June
        24, 1931 (P.L.1206, No.331), known as The First Class
        Township Code.
            (4)  The act of July 18, 1941 (P.L.421, No.169), entitled
        "An act requiring recorders of deeds to accept and record
        deeds prior to registry, where registry is required, and to
        have the same registered, and fixing fees therefor."
            (5)  Article XXX of the act of February 1, 1966 (1965
        P.L.1656, No.581), known as The Borough Code.
        (b)  General.--All other acts and parts of acts are repealed
     insofar as they are inconsistent with this act.
     Section 10.  Effective date.
        This act shall take effect in 60 days.