Pennsylvania § 2305 - Requirements to certify mortgaged property as vacant and abandoned.

§ 2305. Requirements to certify mortgaged property as vacant and abandoned.

(a) General rule.--A mortgaged property may be certified as vacant and abandoned by a municipal code enforcement officer under section 2304(b) (relating to certification of vacant and abandoned mortgaged property) or in a judicial proceeding under section 2304(c) if the mortgaged property is vacant and satisfies at least three of the following indicia of abandonment:

(1) Multiple windows, doors or entrances on the property are boarded up, unhinged, closed off, smashed in or are continuously unlocked.

(2) The mortgaged property has been stripped of copper or other metals.

(3) Interior furnishings, personal items, appliances or fixtures have been removed from the mortgaged property, including window treatments, such as blinds, curtains or shutters.

(4) Gas, electric, water or sewer utility services have been terminated to the mortgaged property or are established in the name of the creditor to preserve the mortgaged property.

(5) Newspapers, circulars, flyers or mail has accumulated on the mortgaged property or the United States Postal Service has discontinued delivery to the mortgaged property.

(6) Rubbish, trash, debris, neglected vegetation or natural overgrowth has accumulated on the mortgaged property.

(7) Multiple municipal building or housing code violations exist for the mortgaged property and the violations have been documented as being uncorrected during the preceding year.

(8) Written and signed statements have been issued by the mortgaged property's adjoining neighbors, adjacent neighbors, delivery persons or a municipal code enforcement officer indicating that the mortgaged property is vacant and abandoned.

(9) Hazardous, noxious or unhealthy substances or materials have accumulated on the mortgaged property.

(10) A communication from the owner or obligor stating that both the owner and any obligor have vacated or abandoned the property or intend to do so.

(b) Determining vacancy.--Competent evidence may be relied on to determine that a mortgaged property is vacant, including evidence that:

(1) The mortgaged property was found to be vacant at the time of two inspections occurring at least 45 days apart.

(2) After the first inspection the mortgaged property was posted with a notice advising an occupant of the mortgaged property to immediately contact the person who conducted the inspection and advising that failure to do so may have adverse legal consequences.

(3) No response was received to the notice posted after the first inspection from a person legally entitled to occupy the mortgaged property prior to the second inspection.

(c) Corrective action by creditor or purchaser.--The remediation of conditions that provide evidence of abandonment under subsection (b) by the creditor or purchaser or corrective action taken by a municipality or other person to protect the public health and welfare shall not prevent a mortgaged property from meeting the requirements to be certified as vacant and abandoned.

Cross References. Section 2305 is referred to in sections 2303, 2304 of this title.