Section 7193.2 - Rule to show cause; decree; service; notice(a) In cities of the first or second class and counties of the second class and municipalities therein, notice of a rule to show cause why a property should not be sold free and clear of all encumbrances issued by a court pursuant to a petition filed by a claimant under section 31.2 of this act shall be served by the claimant upon owners, mortgagees, holders of ground rents, liens and charges or estates of whatsoever kind as follows: (1) By posting a true and correct copy of the petition and rule on the most public part of the property;(2) By mailing by first class mail to the address registered by any interested party pursuant to section 39.1 of this act a true and correct copy of the petition and rule; and(3) By reviewing a title search, title insurance policy or tax information certificate that identifies interested parties of record who have not registered their addresses pursuant to section 39.1 of this act, the claimant shall mail by first class mail and either by certified mail, return receipt requested, or by registered mail to such addresses as appear on the respective records relating to the premises a true and correct copy of the petition and rule. Service of notice pursuant to this section shall be deemed accomplished on the date of mailing. The claimant shall file an affidavit of service with the court prior to seeking a decree ordering the sale of the premises.
(a.1) In counties of the second class and municipalities therein, notice of a rule to show cause why a property should not be sold free and clear of all liens and encumbrances issued by a court pursuant to a petition filed by a claimant under sections 31 and 31.1 of this act shall be served by the claimant upon owners, mortgagees, holders of ground rents, liens and charges or estates of whatsoever kind as follows:(1) By posting a true and correct copy of the petition and rule on the most public part of the property.(2) By reviewing a title search, title insurance policy or tax information certificate that identifies interested parties of record, the county or municipality shall mail by first class mail and either by certified mail, return receipt requested, or by certificate of mailing to such addresses as appear on the respective records relating to the premises a true and correct copy of the petition and rule. Notice pursuant to this section shall be deemed accomplished on the date of mailing. The claimant shall file an affidavit of service with the court prior to seeking a decree ordering the sale of the premises.(b) No party whose interest did not appear on a title search, title insurance policy or tax information certificate or who failed to accurately register his interest and address pursuant to section 39.1 of this act shall have standing to complain of improper notice if the claimant shall have complied with subsection (a) of this section. This provision shall not apply if the mortgage or interest was otherwise properly recorded in the Office of the Recorder of Deeds or the Department of Real Estate, as applicable, and the document contains a current address sufficient to satisfy the notice requirements of this section. Notwithstanding any other requirement set forth in this act or any other law to the contrary, the notice required by subsection (a) of this section shall constitute the only notice required before a court may enter a decree ordering a tax sale.(b.1) No party whose interest did not appear on a title search or title insurance policy, because of the party's failure to record or properly record its interest, shall have standing to complain of improper notice if the county or municipality shall have complied with subsection (a.1). This provision shall not apply if the mortgage or interest was otherwise properly recorded in the Office of the Recorder of Deeds or the Department of Real Estate, as applicable, and the document contains a current address sufficient to satisfy the notice requirements of this section. Notwithstanding any other requirement set forth by subsection (a.1), notice thereunder shall constitute the only notice required before a court may enter a decree ordering a tax sale free and clear of liens.(c) Notice of the court's decree ordering a tax sale, together with the time, place and date of the sale, shall be served by first class mail on all parties served with the petition and rule, on any parties whose interest appeared of record after the filing of the petition but before the court's decree and on any creditor who has obtained judgment against the owner of the premises prior to the date of the decree. The claimant shall file an affidavit of service of these notices prior to the date of the sale.(d) Except in cities of the first class, in sales pursuant to a petition filed by a claimant under section 31.1, notice of the court's decree ordering a tax sale, together with the time, place and date of the sale, shall be served along with the notice of sheriff's sale and shall be provided to all parties entitled to receive notice pursuant to Pa.R.C.P. No. 3129.1 (relating to sale of real property; notice; affidavit).(e) Except in cities of the first class, in sales pursuant to a petition filed by a claimant under section 28, notice of the court's decree ordering a sale, together with the time, place and date of the sale, shall be served by first class mail upon all parties who receive notice pursuant to Pa.R.C.P. No. 3129.1 prior to the initial sale. Notice under this section shall be provided no later than seven days prior to the continued sale.1923, May 16, P.L. 207, No. 153, § 39.2, added 1992, Dec. 14, P.L. 859, No. 135, § 4, effective in 60 days. Amended 1996, Feb. 7, P.L. 1, No. 1, § 3, effective in 60 days; 2003, Aug. 14, P.L. 83, No. 20, § 7, retroactive effective Jan. 1, 1996; 2023, July 5, P.L. 22, No. 4, § 1, effective in 60 days [Sept. 5, 2023].