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

Codes > Pennsylvania Rules of Civil Procedure > Revival of > Rule 3026.3

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.

    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 terretenant 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.

    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).