act-1927-0-361•Pennsylvania Act 1927-361 — ASSIGNMENT OF ENCUMBERANCES UPON TENDER OF AMOUNT DUE
Pennsylvania Act 1927-361 — ASSIGNMENT OF ENCUMBERANCES UPON TENDER OF AMOUNT DUE
act-1927-0-3611927 Pa. Act 361Law
Act text
ASSIGNMENT OF ENCUMBERANCES UPON TENDER OF AMOUNT DUE
Act of May 4, 1927, P.L. 710, No. 361 Cl. 68
AN ACT
Requiring the assignment of mortgages, judgments, recognizances,
and other securities, where the same are due, upon tender of
the amount due together with all interest and other charges,
by the owner of the encumbered property, his agent, attorney,
or terre tenant.
Section 1. Be it enacted, &c., That it shall be lawful for
any person or persons, natural or artificial, holding lands
encumbered by a mortgage, judgment, recognizance, or other
security, after the same shall become due and payable, his or
their agent, attorney, or terre tenant, to tender to the owner
or owners of such mortgage, judgment, recognizance, or other
security, the full sum of money due thereon, including interest
and any other charges due, and, upon such tender, to require the
owner or owners to assign and transfer to such person or persons
as the owner of the encumbered property may name, such mortgage,
judgment, recognizance, or other security. Such assignment shall
create no personal liability on the part of the assignor, by way
of implied warranty, or otherwise, and any such assignment shall
be without recourse.
Section 2. In case the holder of any such mortgage,
judgment, recognizance, or other security, shall fail or refuse,
on such tender being made, to execute an assignment or transfer
as required, it shall be the duty of the court of common pleas
of the county in which said mortgage, judgment, recognizance, or
security is entered, or of the county in which the holder
thereof resides, such court sitting in equity, to enforce, by
decree and attachment, such assignment and transfer, and to
order that the interest due on such mortgage, judgment, or
recognizance, or other security shall cease from the day of such
tender until the assignment shall be executed and delivered. The
court shall also make such further decree as to costs as justice
and equity may require. No such decree shall be entered unless
it shall appear to the court that all parties holding any
interest in the lands so encumbered have joined in the
application for the assignment of such mortgage, judgment,
recognizance, or security.
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