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§ 5860.316. Assignment of claims

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: November 29, 2004

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 4. Local Taxation (Refs & Annos)
Delinquent Taxes in Counties, Cities of Third Class, Boroughs, Etc. (Refs & Annos)
Article III. Lien of Taxes; Filing of Tax Returns; Adjudication
Effective: November 29, 2004
72 P.S. § 5860.316
§ 5860.316. Assignment of claims
Currentness
(a) A taxing district may assign some or all of its portion of the claims, either absolutely or as collateral security, for an amount to be determined by the taxing district and under such terms and conditions upon which the taxing district and the assignee shall agree in writing. For the purpose of this subsection, a claim docketed by the bureau may be divisible so that one taxing district may assign its portion of the claim, but another taxing district may retain its portion. No assignment shall become effective until at least thirty (30) days after the delivery to the bureau of a copy of the resolution authorizing the assignment. Upon such an assignment, the following shall apply:
(1) Upon written notice provided by the taxing district or the assignee, the bureau shall record notice of the assignment on the docket.
(2) Assignment shall not be deemed a discharge or satisfaction of the claim or the taxes giving rise to the claim, and the lien of the assigned claim and taxes giving rise to the claim shall continue in favor of the assignee.
(3) The assignee shall have and enjoy the same rights, privileges and remedies as were held by the taxing district with respect to the assigned claim and the tax giving rise to the claim under the provisions of this act or any other laws applicable to the collection and enforcement of tax claims, including the right of the taxing district to receive the distribution of moneys collected pursuant to section 205(c.1)1 and the proceeds of a tax sale pursuant to section 205(d) and (f).
(4) The county may exercise its authority under section 201.12 to provide for the assignee to exercise all of the duties of a bureau in connection with the collection and enforcement of the tax claims assigned or, if the county continues to operate a bureau or has provided under section 201.1 for some other person to perform some or all of the functions of the county, may provide by contract with the assignee for the division or sharing of such duties between the bureau or other person and the assignee with respect to the tax claims assigned.
(5) Assignment shall not affect the five per centum (5%) commission on tax claim collections payable to the bureau under section 205(c) and reimbursement of county charges under section 207(a)3 unless the taxing district and the bureau agree with respect to any such assignment in writing as follows:
(i) The bureau's five per centum (5%) commission under section 205(c) with respect to such portion shall be paid in part out of the proceeds of assignment of such portion.
(ii) No further commission shall be paid to the bureau with respect to such portion until such time as the assignee shall have received, pursuant to section 205(c.1) or (d), an amount equal to the proceeds of the assignment of such portion paid by the assignee.
(iii) After the assignee has received, pursuant to section 205(c.1) or (d), an amount equal to the proceeds of the assignment of such portion paid by the assignee, the bureau shall be paid the remainder of the bureau's five per centum (5%) commission in such manner and at such times as the taxing district and the bureau shall have agreed in writing.
(6) An owner of property shall have the same rights and defenses under this act and any other laws applicable to the collection and enforcement of tax claims that the owner held against the assignor.
(7) References in this act to a taxing district shall be deemed to be references to the assignee of the taxing district with respect to assigned claims, except for identification of the taxes under section 3094 and recordation of taxes and certification of municipal claims under section 6055 and except for references to any actions taken by the taxing district before the assignment or to other taxes and claims of the taxing district that have not been so assigned.
(8) With respect to the assigned taxes and claim, the assignee shall be deemed the political subdivision for purposes of section 5016 and a taxing authority for purposes of section 612.1,7 unless otherwise agreed to in writing between the assignee and the taxing districts.
(9) An assignee shall not be deemed a municipality for purposes of section 601(d) and (e),8 6199 or 619.1.10
(b) A claim assigned pursuant to this section may be further assigned, with the subsequent assignee having and enjoying the same rights, privileges and remedies as its assignor. Notice of any subsequent assignment shall be recorded pursuant to subsection (a)(1).

Credits

1947, July 7, P.L. 1368, art. III, § 316, added 2004, Nov. 29, P.L. 1328, No. 168, § 2, imd. effective.

Footnotes

1
72 P.S. § 5860.205.
2
72 P.S. § 5860.201.
3
72 P.S. § 5860.207.
4
72 P.S. § 5860.309.
5
72 P.S. § 5860.605.
6
72 P.S. § 5860.501.
7
72 P.S. § 5860.612-1.
8
72 P.S. § 5860.601.
9
72 P.S. § 5860.619.
10
72 P.S. § 5860.619a.
72 P.S. § 5860.316, PA ST 72 P.S. § 5860.316
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document