ACTION OF MORTGAGE FORECLOSURE


Rule 3180. Judgment. Execution.

 (a)  Judgment shall be enforced by a writ of execution substantially in the form provided by Rule 3257.

   Official Note

   Where judgment is entered on the obligation secured by the mortgage, execution shall be in accordance with the rules governing the enforcement of judgments for the payment of money.

 (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 and has complied with the pleading requirements of Rule 1147(b), the judgment may be enforced in one execution proceeding against both the personal and real property pursuant to the rules of this chapter governing execution on real property.

   Official Note

   Compliance with Rule 1147(b) governing the complaint in mortgage foreclosure is a prerequisite to executing in one proceeding pursuant to Rule 3180(b) against both the real and personal property secured by the mortgage.

   The rules governing execution on personal property do not apply to an execution on personal property under subdivision (b).

   For a similar provision applicable to the enforcement of a judgment entered on the obligation secured by the mortgage, see Rule 3101.2.

Source

   The provisions of this Rule 3180 amended March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411. Immediately preceding text appears at serial page (255378).



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