Rule Text
As used in this chapter,
(1) ‘‘prior lien amounts’’ means the amounts of any prior liens, costs, taxes and municipal claims not discharged by the sale, and the amounts of any such items paid at distribution on the sale;
(2) ‘‘special allocations’’ means the special allocations required by Section 8103(f) of the Judicial Code;
(3) the following words shall have the meanings set forth in Section 8103(g) of the Judicial Code: ‘‘judgment,’’ ‘‘judgment creditor,’’ and ‘‘nonconsumer judgment creditor.’’
Amendment history: The provisions of this Rule 3277 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; amended August 7, 2001, effective September 4, 2001, 31 Pa.B. 4639. Immediately preceding text appears at serial pages (229701) to (229702).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This rule defines some key terms used in the rules about how money gets divided up after a sheriff's sale or court-ordered property sale. Knowing these terms helps you understand how the money from a sale gets split among the people owed money.
"Prior lien amounts" means money that was already owed on the property before the sale, like certain taxes, fees, or other claims that weren't wiped out when the property was sold. These get paid first before other creditors see any money.
"Special allocations" refers to a specific way some money must be set aside, as described in Pennsylvania's Judicial Code. The terms "judgment," "judgment creditor," and "nonconsumer judgment creditor" also come directly from that same law. A judgment creditor is basically someone who has a court order saying they are owed money.
Committee Notes
Section 8103(f) of the Judicial Code provides for certain special allocations when judgment has been entered with respect to a partial recourse obligation or an obligation of which only a portion is guaranteed.
Section 8103(g) of the Judicial Code contains several definitions relating to deficiency judgments. The words set forth in paragraph (3) are common to both the rules and the Code.
‘‘Judgement’’ is defined by Section 8103(g) as ‘‘[t]he judgment which was enforced by the execution proceedings referred to in subsection (a), whether that judgment is a judgment in personam such as a judgment requiring the payment of money or a judgment de terris or in rem such as a judgment entered in an action of mortgage foreclosure or a judgment entered in an action or proceeding upon a mechanic’s lien, a municipal claim, a tax lien or a charge on land.’’
‘‘Judgment creditor’’ is defined by Section 8103(g) as ‘‘[t]he holder of the judgment which was enforced by the execution proceedings.’’
‘‘Nonconsumer judgment creditor’’ is defined by Section 8103(g) as ‘‘[a]ny judgment creditor except a judgment creditor whose judgment was entered with respect to a consumer credit transaction.’’
