Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

231 Pa. Code Rule 3026.3. Revival of Lien of Judgment as to Property of Terre-Tenant.

Rule 3026.3. Revival of Lien of Judgment as to Property of Terre-Tenant.

 (a)  Except as provided by subdivision (b), if an interest in real property subject to a lien of a judgment has been acquired by a terre-tenant, then the lien of the judgment on the property shall be revived only if the terre-tenant within the five-year period of Rule 3023(c) or Rule 3031.1(a) joins in an agreement to revive or is made a party to the writ of revival.

   Official Note

   The revival of a judgment lien continues or creates a lien upon real property. See Rule 3025.

 (b)  If a writ of revival or an agreement to revive is entered in the judgment index against the defendant at a time when a terre-tenant’s deed or other evidence of title is of record, but without the joinder of the terre-tenant, the lien of the judgment may be revived as to the terre-tenant within five years after the recording of the terre-tenant’s deed or other evidence of title by (1) agreement between the plaintiff and the terre-tenant alone or between the plaintiff, defendant and terre-tenant, or (2) a writ of revival issued against the terre-tenant alone, or against the defendant and terre-tenant jointly. The lien shall continue as to the terre-tenant for the same period as it continues against the defendant, when it must be revived against both parties.

   Official Note

   The mere recording of a terre-tenant’s deed or other evidence of title is ineffective to revive a lien as to any part of the property acquired by a terre-tenant without specific revival by agreement or by writ.  For the effect of a judgment of revival against a terre-tenant, see Rules 3027(b)(3) and 3031.1(b).

Source

   The provisions of this Rule 3026.3 adopted December 19, 2003, effective July 1, 2004, 34 Pa.B. 22.



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