Opinion

First Pennsylvania Bank, N.A. v. Lancaster County Tax Claim Bureau

  • 504 Pa. 179
  • 470 A.2d 938
  • 1983 Pa. LEXIS 797
Court
Supreme Court of Pennsylvania
Filed
Dec 30, 1983
Status
Published
Author
Zappala
On the bench
Hutchinson, Roberts, Nix, Larsen, Flaherty, McDermott, Zappala
Cited by
31 cases
Authority
More cited than 7.1%

holding notice provision in former 72 P.S. §5860.602, which did not require either personal service or service by mail of an impending tax sale to a record mortgagee, violated the mortgagee’s constitutional due process *473 rights

How later courts described this case

  • holding notice provision in former 72 P.S. §5860.602, which did not require either personal service or service by mail of an impending tax sale to a record mortgagee, violated the mortgagee’s constitutional due process *473 rights
  • majority of court agreeing with opinion in support of affirmance that notice is governed by Mennonite Board
  • describing reasoning behind DJA
  • opinion announcing judgment of court

Written by the judges who cited it.

The opinion

ZAPPALA, Justice,

concurring.

I agree with the majority that the notice provision of the real estate tax sale act must be held to be unconstitutional in light of Mennonite Board of Missions v. Adams, 462 U.S. 791 , 103 S.Ct. 2706 , 77 L.Ed.2d 180 (1983). I would find that such holding disposes of the case and makes it unnecessary to reach the issue of the applicability of the deficiency judgment act. I do not join that part of the majority that discusses the deficiency judgment act issue. Such discussion should be regarded as dictum.

NIX, LARSEN and McDERMOTT, JJ., join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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