act-1927-0-267•Pennsylvania Act 1927-267 — POSTPONEMENT OF LIEN AUTHORIZED
Pennsylvania Act 1927-267 — POSTPONEMENT OF LIEN AUTHORIZED
act-1927-0-2671927 Pa. Act 267Law
Act text
POSTPONEMENT OF LIEN AUTHORIZED
Act of Apr. 27, 1927, P.L. 409, No. 267 Cl. 68
AN ACT
Providing for the postponement of the lien of a mortgage and
bond accompanying the same to the lien of another mortgage or
mortgages and bond accompanying, and providing for the
recording of the agreement therefor.
Section 1. Be it enacted, &c., That in every case where a
mortgage has been or shall hereafter be made and recorded in the
proper office in the county in which the land mortgaged is
situated, it shall be lawful for the mortgagee or mortgagees,
his or their heirs, executors, administrators, or assigns, and,
in the case of a corporate mortgagee, its successors and
assigns, to postpone the lien of such mortgage or mortgages on
the mortgaged premises, and the bond or bonds accompanying the
same, to the lien of a subsequent mortgage or mortgages, and the
bond or bonds accompanying the same, on the same mortgaged
premises, (a) by entering a postponement upon the margin of the
record of such mortgage, which postponement shall state the date
and place of record of, and the names of the parties to, the
subsequent mortgage or mortgages to which mortgage or mortgages
the said entry of postponement is intended to subordinate the
lien of the mortgage or mortgages to be postponed, which
postponement shall be signed by the person or persons who are
then the owner or owners of the said mortgage or mortgages so
postponed, and which postponement, when attested by the recorder
of deeds, shall be a part of the record of said mortgage, and
shall be notice to all persons of the facts therein contained;
or (b) by a stipulation contained in the body of the mortgage
postponing the lien thereof to the lien of another mortgage or
mortgages about to be recorded; or (c) by an agreement in
writing with the mortgagor and with the subsequent mortgagee or
mortgagees and any other person interested as owners of the
mortgaged premises or as holders of liens thereon, duly
acknowledged before a proper officer authorized by the State of
Pennsylvania to take acknowledgments; which said agreement for
the postponement of lien of mortgage and bond accompanying the
same shall be recorded in the office of the recorder of deeds in
the county where the mortgaged premises lie, and, if the said
mortgaged premises lie in more than one county, then in the
recorder of deed's office in all the counties in which said
mortgaged premises lie; the recording of which shall be notice
to all persons of the facts therein contained, when and only
when a memorandum of the said agreement shall be noted by the
said recorder of deeds upon the margin of the record of the
mortgage or mortgages to be postponed, giving the book and page
wherein any such postponement agreement is recorded, together
with the date of such recording.
For each such notation entered upon the margin of the record
of a mortgage, the recorder of deeds shall be entitled to charge
and receive a fee as prescribed by law for satisfactions of
mortgages.
All postponements heretofore made in conformity with the
provisions of this section and this amendment are hereby
validated. If the recorder of deeds microfilms mortgages, all
postponements shall be by either stipulation, agreement or other
document which shall be recorded without a marginal notation.
(1 amended Oct. 4, 1989, P.L.582, No.61)
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