Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 30912 - Proceedings to perfect title(a) In case of resale of such lands, which have been purchased by the city under this act, or by the city at any sale for the nonpayment of taxes after the period of redemption has expired, it may appear that there are mortgages, ground rents, rights, title, interest in or claims against such lands, which have not been divested by the tax sale, or other defects, or objections to a good and marketable title, the city may present its petition or complaint, with a search of title attached, to the court of common pleas of the county wherein the lands are situate, setting forth (1) the location of the lands by metes and bounds, or if it be in a recorded plan of lots, the plan number of the lot and place of record of the plan, or reference to a former deed of record; (2) the name or names of the former owner or owners, reputed owners, mortgagees, assignees or any other person or persons shown by such title search to have any mortgage, ground rent, right, title, interest in or claim against such land, if any there be; (3) that upon diligent inquiry no person has been found who has or claims to have any mortgage, ground rent, right, title, interest in or claim against said land, unless it be those named in the petition; (4) that the period of redemption has expired and the city has agreed to sell said land, setting forth the sum offered therefor, which may be less than the sum of all taxes and municipal claims against the land; and (5) the sum of all taxes and municipal claims due each taxing authority.(b) Thereupon a rule shall be granted upon the persons named in the petition, and generally upon all other persons not named in the petition who have or claim to have or may appear to have any mortgage, ground rent, right, title, interest in or claim against said land, to appear within thirty days from service of the rule upon them, and show cause why the title of the petitioner or complainant to said land should not be adjudicated and decreed valid and indefeasible as against all mortgagees, assignees or other persons having any right, title, interest in or claim against said lands whatsoever, and to further show cause why the sale of the said land by the city should not be made free and clear of their respective mortgages, ground rents, interests or claims whatsoever. The rule may be made returnable to such term or return day as may be fixed by the court.(c) As to persons domiciled within the county or in any other county of this Commonwealth and whose whereabouts may be ascertained, the rule shall be served and returned as writs of summons are served and returned. As to those persons whose domicile is without the Commonwealth, the petitioner or complainant may have any competent adult serve the defendant personally and file an affidavit to that effect. If a defendant is dead or his identity or whereabouts is unknown and cannot be ascertained, the petitioner or complainant shall file an affidavit to that effect, wherein the affiant may state that the heirs and assigns of a named former owner are unknown, and if the court is satisfied that due inquiry has been made, the rule shall be served by one advertisement in a newspaper of general circulation and the legal newspaper published in the city where the land is situate, or as the court may direct, giving notice to all persons, including those named in the petition, to appear on or before the return day of the rule, and show cause why the title of the city should not be adjudicated and decreed valid and indefeasible as against all mortgages, ground rents, rights, title, interest in or claims against the land whatsoever, and to further show cause why the sale of the said land should not be made by the city, free and clear of all the aforesaid claims whatsoever. Said advertisement shall be made at least thirty days before the return day of said rule and shall be deemed a good and sufficient service of the rule as to all persons whatsoever. Said rule shall also be served personally upon other interested taxing authorities.1967, June 28, P.L. 122, No. 32, § 12.