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§ 1510. Discharge of lien or reduction of lien

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' LiensEffective: September 8, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article V. Filing and Perfecting Claim; Discharge of Lien
Effective: September 8, 2014
49 P.S. § 1510
§ 1510. Discharge of lien or reduction of lien
(a) Cash deposit. Any claim filed hereunder shall, upon petition of the owner or any party in interest, be discharged as a lien against the property whenever a sum equal to the amount of the claim shall have been deposited with the court in said proceedings for application to the payment of the amount finally determined to be due.
(b) Pro-rata allocation. In any case where the claim or claims are limited in the manner and to the extent provided in section 405,1 the owner may deposit with the court in separate proceedings a sum equal to the total allowable amount of said claims determined in accordance with said section, whereupon the court, on petition of such owner, shall order all of said claims discharged as liens against the property, and the sum so deposited applied pro rata to the payment thereof in the amounts finally determined to be due.
(c) Refund of excess. Any excess of funds paid into court as aforesaid, over the amount of the claim or claims determined and paid therefrom, shall be refunded to the owner or party depositing same upon application for the same.
(d) Security in lieu of cash. In lieu of the deposit of any such sum or sums, approved security may be entered in such proceedings in double the amount of the required deposit, or in such lesser amount as the court shall approve, which, however, shall in no event be less than the full amount of such required deposit; and the entry of such security shall entitle the owner to have such liens discharged to the same effect as though the required sums had been deposited in court as aforesaid.
(e) Authority of court. The court, upon petition filed by any party, and after notice and hearing, may upon cause shown:
(1) require the increase or decrease of any deposit or security;
(2) strike off security improperly filed;
(3) permit the substitution of security and enter an exoneration of security already given.
(f) Residential Property.
(1) A claim filed under this act with respect to an improvement to a residential property subject to section 301(b)2 shall, upon a court order issued in response to a petition or motion to the court by the owner or a party in interest, be discharged as a lien against the property when the owner or tenant has paid the full contract price to the contractor.
(2) Where the owner or tenant has paid a sum to the contractor which is less than the sum of the full contract price, a claim filed under this act with respect to an improvement to a residential property subject to section 301(b) shall, upon a court order issued in response to a petition or motion to the court by the owner or a party in interest, cause the lien to be reduced to the amount of the unpaid contract price owed by the owner or tenant to the contractor.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 510. Amended 2014, July 9, P.L. 1019, No. 117, § 4, effective in 60 days [Sept. 8, 2014].
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORTS
Adapted from Sections 25 (dealing with proceedings to obtain discharge of lien) and 50 (dealing with approval of security), Act of 1901, 49 P.S. 135, 242.
Subsection (a) eliminates the previous requirement of pleading a defense to the claim as a prerequisite to the allowance of the petition to authorize payment into the court and to claimant's discharge.
Subsections (b) and (c) are new but carry out prior practice.
Subsection (d) authorizing deposit of cash is new.
Subsection (e), while following the substance of Section 50, Act of 1901, supra, is taken from the Rules of Civil Procedure.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 17, 25, 50.
49 P.S. §§ 76, 135, 242.

Footnotes

49 P.S. § 1405.
49 P.S. § 1301.
49 P.S. § 1510, PA ST 49 P.S. § 1510
Current through 2018 Regular Session Act 164 (End)
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