Subchapter I. ACTION OF MORTGAGE FORECLOSURE


Rule


1141.    Definition. Conformity to Civil Action.
1142.    Venue.
1143.    Commencement of Action.
1144.    Parties. Release of Liability.
1145.    Service. [Rescinded].
1146.    Pleading More Than One Cause of Action.
1147.    The Complaint.
1148.    Counterclaim.
1149.    Judgment. Execution.
1150.    Trial Without Jury.

   Official Note

   Application to Pending Actions. The Order of the Supreme Court adopting Rules 1141-1148 fixed April 1, 1950 as the effective date of said Rules and provided that said Rules should apply to actions pending at that time.

Rule 1141. Definition. Conformity to Civil Action.

 (a)  As used in this chapter,

 ‘‘action’’ means an action to foreclose a mortgage upon any estate, leasehold or interest in land, or upon both personal property and an estate, leasehold or interest in land pursuant to Section 9604(a) of the Uniform Commercial Code, but shall not include an action to enforce a personal liability.

   Official Note

   Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. §  9604(a), provides that if a security agreement covers both personal and real property, the secured party may elect to proceed as to both the real property and the personal property in accordance with its rights with respect to the real property, in which case the other provisions of Article 9 of the Uniform Commercial Code do not apply.

 (b)  Except as otherwise provided in this chapter, the procedure in the action shall be in accordance with the rules relating to civil action.

Source

   The provisions of this Rule 1141 adopted September 30, 1949, effective April 1, 1950; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9; amended March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411. Immediately preceding text appears at serial page (302480).

Rule 1142. Venue.

 The action may be brought in and only in a county in which the land or a part of the land is located.

Source

   The provisions of this Rule 1142 adopted March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274. Immediately preceding text appears at serial page (142371).

Rule 1143. Commencement of Action.

 An action shall be commenced by filing a complaint with the prothonotary.

Source

   The provisions of this Rule 1143 adopted September 30, 1949, effective April 1, 1950.

Rule 1144. Parties. Release of Liability.

 (a)  The plaintiff shall name as defendants

   (1)  the mortgagor;

   (2)  the personal representative, heir or devisee of a deceased mortgagor, if known; and

   (3)  the real owner of the property, or if the real owner is unknown, the grantee in the last recorded deed.

 (b)  Unless named as real owner, neither the mortgagor nor the personal representative, heir or devisee of the mortgagor, need be joined as defendant if the plaintiff sets forth in the complaint that the plaintiff releases such person from liability for the debt secured by the mortgage.

Source

   The provisions of this Rule 1144 adopted September 30, 1949, effective April 1, 1950; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (212336).

Rule 1145. Service.

 [Rescinded]

   Official Note

   For service of original process, see Rule 410 governing service in actions involving real property.

Source

   The provisions of this Rule 1145 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452. Immediately preceding text appears at serial pages (87281) to (87282).

Rule 1146. Pleading More Than One Cause of Action.

 The plaintiff may state in the complaint two or more grounds for foreclosure but may not state more than one cause of action.

Source

   The provisions of this Rule 1146 adopted September 30, 1949, effective April 1, 1950.

Rule 1147. The Complaint.

 (a)  The plaintiff shall set forth in the complaint:

   (1)  the parties to and the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments;

   (2)  a description of the land subject to the mortgage;

   (3)  the names, addresses and interest of the defendants in the action and that the present real owner is unknown if the real owner is not made a party;

   (4)  a specific averment of default;

   (5)  an itemized statement of the amount due; and

   (6)  a demand for judgment for the amount due.

   Official Note

   The plaintiff may also set forth in the complaint a release of the mortgagor and the mortgagor’s successors in interest. See Rule 1144(b).

   If the mortgage is a residential mortgage under Act No. 6 of 1974, 41 P. S. 101, the complaint should set forth an averment of compliance with the provisions of Section 403 of Act No. 6, 41 P. S. 403.

 (b)  If the plaintiff is proceeding against both personal and real property covered by a mortgage as provided by Section 9604(a) of the Uniform Commercial Code, the plaintiff shall set forth in the complaint.

   (1)  the matters required by subdivision (a), and

   (2)  a description of the personal property subject to the mortgage.

   Official Note

   Section 9604(a) of the Uniform Commercial Code, 13 Pa.C.S. §  9604(a), relates to the rights of a secured party when the agreement covers real and personal property. Compliance with subdivision (b) of this rule is a prerequisite to executing in one proceeding pursuant to Rule 3180(b) against both the real and personal property secured by the mortgage.

Source

   The provisions of this Rule 1147 adopted September 30, 1949, effective April 1, 1950; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411. Immediately preceding text appears at serial pages (255241) to (255242).

Rule 1148. Counterclaim.

 A defendant may plead a counterclaim which arises from the same transaction or occurrence or series of transactions or occurrences from which the plaintiff’s cause of action arose.

Source

   The provisions of this Rule 1148 adopted September 30, 1949, effective April 1, 1950.

Rule 1149. Judgment. Execution.

 Judgment in the action shall be enforced as provided by Rules 3180 to 3183, inclusive.

   Official Note

   Rule 3180 et seq. govern the enforcement of a judgment whether against an estate, leasehold or interest in land or against both personal property and an estate, leasehold or interest in land if the plaintiff has elected to proceed as to both pursuant to Section 9604(a) of the Uniform Commercial Code.

Source

   The provisions of this Rule 1149 adopted March 30, 1960, effective November 1, 1960; amended March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411. Immediately preceding text appears at serial page (255242).

Rule 1150. Trial Without Jury.

 The trial of actions to foreclose a mortgage by a judge sitting without a jury shall be in accordance with Rule 1038.

Source

   The provisions of this Rule 1150 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (15707).



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