Pennsylvania Act 1941-81 — VALIDATING TITLE TO REAL ESTATE

Act text

VALIDATING TITLE TO REAL ESTATE
                  Act of Jun. 23, 1941, P.L. 146, No. 81              Cl. 53
                                  AN ACT

     Validating the title to real estate purchased at judicial sales
        for unpaid taxes or municipal assessments where there is a
        defect in the names of the parties in certain cases, and
        providing certain exceptions.

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

        Section 1.  Whenever heretofore any purchaser has purchased
     real property at a judicial sale had on a judgment obtained for
     unpaid taxes or municipal assessments in accordance with the
     provisions of the act, approved the sixteenth day of May, one
     thousand nine hundred and twenty-three (Pamphlet Laws, two
     hundred seven), entitled, "An act providing when, how, upon what
     property, and to what extent, liens shall be allowed for taxes
     and for municipal improvements, for the removal of nuisances,
     and for water rents or rates, sewer rates, and lighting rates;
     for the procedure upon claims filed therefor; the methods for
     preserving such liens and enforcing payment of such claims; the
     effect of judicial sales of the properties liened; the
     distribution of the proceeds of such sales, and the redemption
     of the property therefrom; for the lien and collection of
     certain taxes heretofore assessed, and of claims for municipal
     improvements made and nuisances removed, within six months
     before the passage of this act; and for the procedure on tax and
     municipal claims filed under other and prior acts of Assembly",
     and its amendments thereto, and the name or names of the
     defendant or defendants in the writ of scire facias on the lien
     and in the judgment upon which execution was issued is different
     from that in which the tax or municipal lien is assessed, such
     sale is hereby ratified, confirmed, validated and made binding
     in the same manner as if all the provisions of said act had been
     strictly complied with: Provided, however, That the property is
     correctly described in the writ of execution upon which said
     sale was had, that the purchaser thereafter has presented his
     petition to the proper court setting forth said sale and
     delivery of a sheriff's deed and the court has made an order
     adjudicating the title of said purchaser valid and indefeasible
     against all persons.
        Section 2.  This act shall become effective immediately upon
     final enactment, but shall not apply in any instance where the
     property has been redeemed by the owner thereof within the time
     allowed by law, or where the rights of third parties have
     intervened, or the validity of any such sale or the title to the
     premises purchased thereat has been made the subject of
     litigation in any court of the Commonwealth prior to the
     approval hereof.