Bill Text: PA HB741 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for notification on deeds.

Sponsorship: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2011-02-17 - Referred to LOCAL GOVERNMENT [HB741 Detail]

Download: Pennsylvania-2011-HB741-Introduced.html

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PRINTER'S NO. 758
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 741 Session of2011
INTRODUCED BY JOHNSON, MURT, YOUNGBLOOD, CALTAGIRONE, PAYTON AND ROEBUCK, FEBRUARY 17, 2011
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 17, 2011
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for notification on deeds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 1393. Notification on deeds.
The following shall apply:
(1) Upon the filing of a fraud alert form by a person as
being the true owner of residential property as defined in
section 201 of the act of August 24, 1963 (P.L.1175, No.497),
known as the Mechanics' Lien Law of 1963, with the county
recorder of deeds or other department charged with the duty
to record and index documents pertaining to real estate that
a deed had been recorded which was signed by a person that
was not the true owner of property described in the document,
the county recorder of deeds or other department responsible
for recording documents pertaining to real estate shall
record the fraud alert form and index it against the
property.
(2) The fraud alert form may not be removed from the
public record until an order for the release is received by
the registrar from a court of competent jurisdiction.
(3) A fee may not be charged to record the fraud alert
form.
(4) The form for the fraud alert may be provided to the
public using the following language:
AFFIDAVIT OF OWNERSHIP
This document provides notice only. This document does not
transfer or convey title or resolve or establish ownership.
Property:..............................................
(Print Property Address)
Owner:.................................................
(Print Name)
1. I/We,....................., confirm that all of the
(Print Name)
facts set forth in this affidavit are true and correct.
2. I/We own........................................,
(Print Property Address)
which is a parcel of residential real estate located in
.......................................................,
(Print Name of Township, Borough or City)
................................. County, Pennsylvania.
(Print Name of County)
3. I/We acquired ownership to this property on or about
.......................................
(Print Date)
4. The deed or deeds identified below were recorded
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against the property without my/our knowledge or
permission.
......................................................
(Identify Deed. A copy may be attached.)
......................................................
(Identify Deed. A copy may be attached.)
......................................................
(Identify Deed. A copy may be attached.)
5. My/Our mailing address is:
.......................................................
(Print Address)
6. I/We understand that this document will be recorded
against the property above and will become null and void
one year after the date of recording or earlier only if
ordered by a Court.
7. I/We understand that this document must be notarized
prior to being recorded.
I/We hereby swear or affirm that all facts are true and
correct.
................................. ................
(Signature) (Date)
................................. ................
(Signature) (Date)
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF .......................:
On this ....... day of .............., 20..., before me, a
Notary Public for the Commonwealth of Pennsylvania, the
undersigned Officer, personally appeared .......................
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............................................, known to me (or
satisfactory proven) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged that
he/she/they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and Notarial Seal.
.........................
Notary Public
Section 2. This act shall take effect in 90 days.
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