Pennsylvania Act 1931-127 — COMMONWEALTH AUTHORIZED TO PURCHASE MORTGAGED PROPERTY

Act text

COMMONWEALTH AUTHORIZED TO PURCHASE MORTGAGED PROPERTY
                  Act of May 29, 1931, P.L. 214, No. 127              Cl. 72
                                  AN ACT

     Authorizing the Commonwealth to purchase at judicial sale and
        thereafter to hold or sell any property upon which it has a
        mortgage or lien; providing for the payment of the cost of
        such acquisitions; and making an appropriation.

        Section 1.  Be it enacted, &c., That at any judicial sale of
     any property upon which the Commonwealth, or any department,
     board, or commission thereof, holds a mortgage or has a lien or
     liens of any nature whatsoever arising out of unpaid taxes,
     bonus, interest, penalties, or any other public account, the
     Commonwealth, acting through the Department of Justice, is
     hereby authorized and empowered to bid in such property, if
     necessary, for the protection of its interest. Title shall be
     taken in the name of the Commonwealth.
        Section 2.  The cost of acquiring property at judicial sale,
     as provided by this act, shall be defrayed from the fund in the
     State Treasury into which the moneys secured by the mortgage or
     lien are payable by law, and for this purpose as much of the
     moneys in such funds as may be necessary are hereby
     appropriated.
        Section 3.  Any property purchased under the provisions of
     this act shall be held until such time as the department, board,
     commission, or officer, who or which held the mortgage or was
     charged with the duty of collecting the money covered by the
     lien, shall believe it advisable to dispose of the same, except
     as hereafter provided in this section. Thereupon such
     department, board, commission, or officer may dispose of the
     property upon such terms and conditions as he or it may deem
     advisable and the Department of Justice may approve. It shall be
     lawful to sell the property for cash or for part cash and a
     mortgage to run from the purchaser to the Commonwealth. When the
     terms and conditions of such sale shall have been agreed upon
     and approved, the Department of Justice is hereby authorized and
     directed to execute and deliver a deed or other appropriate
     document conveying or transferring the property. Any such
     conveyance or transfer shall be free and clear of all liens and
     encumbrances in favor of the Commonwealth, except the lien of a
     purchase money mortgage, if any, contemporaneously executed and
     delivered to the Commonwealth. When property is purchased at
     said judicial sale in order to protect a lien of the
     Commonwealth acquired under section four of "The Support Law"
     the act, approved the twenty-fourth day of June, one thousand
     nine hundred thirty-seven (Pamphlet Laws, two thousand forty-
     five), the Department of Justice is hereby authorized, at its
     discretion, to execute and deliver a deed, or other appropriate
     document, conveying or transferring the property to the former
     owner and judgment debtor, upon payment of the debt, interest
     and costs due the Commonwealth.
        (3 amended May 15, 1945, P.L.568, No.228)
        Section 4.  It shall be unlawful for any State officer or
     employe, or any member of the family of such officer or employe,
     to purchase, directly or indirectly, any property acquired by
     the Commonwealth at a judicial sale under the provisions of this
     act.