Pennsylvania § 2306 - Effect of certification of vacancy and abandonment.

§ 2306. Effect of certification of vacancy and abandonment.

(a) Foreclosure action.--In a foreclosure action, a mortgaged property certified as vacant and abandoned shall not be subject to mediation, conciliation, diversion or other program established by a local court to encourage resolution of owner-occupied residential mortgage foreclosures.

(b) Service and notification.--Following a certification that a mortgaged property is vacant and abandoned, any subsequent documents required to be served on and any notices required to be delivered to the owner, any obligor other than the owner or a former owner may be exclusively served and delivered by first class mail to an address specified by the owner, obligor or former owner for the receipt of communications relating to the property or, if no address is specified, by delivery to the address of the mortgaged property and by posting of notice in a conspicuous location on the mortgaged property.

(c) Scheduling of sheriff's sale.--

(1) If a mortgaged property is certified as vacant and abandoned, upon the request of a creditor or purchaser, the sheriff, on receipt of an accelerated sale fee of $500, shall schedule a sale of the mortgaged property to be conducted no later than 60 days following the filing of the writ of execution and the sheriff's deed must be recorded no later than 30 days following the sale.

(2) The accelerated sale fee shall be payable at the time of the filing of the writ of execution and shall be immediately refunded if:

(i) the time frames specified in this subsection are not complied with; or

(ii) the expedited sale date is postponed or continued by a party other than the creditor.

(d) Scheduling of execution of writ of possession.--

(1) If a mortgaged property is certified as vacant and abandoned, upon the requests of a creditor or purchaser, the sheriff, on the receipt of an additional fee of $250, shall execute and serve a writ of possession no later than 20 days following delivery of the writ to the sheriff.

(2) In order to impose the additional fee, the sheriff must schedule the removal of a former owner's personal property from the mortgaged property and the securing of the personal property to be conducted no later than 30 days following the filing of the writ of execution.

(3) The additional fee shall be immediately refunded if:

(i) the time frames provided under this section are not complied with; or

(ii) the expedited execution is postponed or continued by a party other than the purchaser.

(e) Possession of mortgaged property pending foreclosure.--If a mortgaged property is certified as vacant and abandoned, or with the consent of the owner or an obligor other than the owner, the creditor may enter the mortgaged property peacefully for the purpose of inspecting, maintaining and repairing the mortgaged property and shall not be liable to the owner for trespass or for damage to the property resulting from a cause other than the creditor's gross negligence or willful misconduct.

(f) Property maintenance.--

(1) The maintenance obligations of a creditor that exercises the right to possession pending foreclosure are limited to compliance with property maintenance requirements of the Federal Housing Administration for loans insured by the administration or of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation for mortgages held by either respective entity.

(2) For other creditors, the mortgaged property maintenance obligations of a creditor that exercises its right to possession pending foreclosure shall be limited to:

(i) Care for the yard and exterior of a building on vacant and abandoned mortgaged property, including removing excessive foliage growth that diminishes the value of surrounding properties.

(ii) Measures reasonably necessary to prevent trespassers from remaining on the mortgaged property.

(iii) Preventing mosquito larvae from growing in standing water on the mortgaged property and infestations by other vermin and insects.

(iv) Taking other actions needed to prevent conditions on the mortgaged property that create a serious and imminent hazard to public health or safety.

Cross References. Section 2306 is referred to in section 2307 of this title.