Summary
The Supreme Court of Pennsylvania held that the Court Administrator had authority to promulgate financial regulations interpreting 42 Pa.C.S. § 3733. The Court upheld the regulation requiring additional fees for filings involving mortgage assignments, mortgage satisfactions, and mortgage releases, concluding that these filings constitute property transfers.
Topics
Practice areas
Questions Presented
- Whether the Court Administrator had authority to promulgate financial regulations interpreting the statutory term property transfer under 42 Pa.C.S. § 3733.
- Whether mortgage assignments, mortgage satisfactions, and mortgage releases are property transfers subject to the additional fee imposed by 42 Pa.C.S. § 3733(a.1)(1)(v).
Holdings
- The Court Administrator had authority to promulgate financial regulations defining the statutory term property transfer for purposes of implementing 42 Pa.C.S. § 3733.
- A mortgage assignment is a property transfer subject to the additional fee under 42 Pa.C.S. § 3733(a.1)(1)(v).
- A recorded mortgage satisfaction or satisfaction piece is a property transfer subject to the additional fee under 42 Pa.C.S. § 3733(a.1)(1)(v).
- A mortgage release is a property transfer subject to the additional fee under 42 Pa.C.S. § 3733(a.1)(1)(v).
Key quotations
“For the reasons that follow, we hold that these actions are property transfers and that they bind the recorders of deeds, clerks of courts, and equivalent officials throughout Pennsylvania who are charged with the duty of collecting fees in connection with such transfers.” (848 A.2d at 94)
“What definitively tips the balance in this Court's view, is that, although a mortgage can be considered both a conveyance in form as well as a security interest, for purposes of actions involving recording acts, mortgages traditionally have been treated as conveyances.” (848 A.2d at 100)
“Additionally, in promulgating the regulations, the Court Administrator correctly defined "property transfer" to include mortgage assignments, mortgage satisfactions and mortgage releases.” (848 A.2d at 103)
Factual background
The Pennsylvania General Assembly amended 42 Pa.C.S. § 3733 to impose an additional fee on filings of deeds, mortgages, and property transfers. Pursuant to a Pennsylvania Supreme Court order, the Court Administrator promulgated regulations defining covered filings to include mortgage assignments, mortgage releases, and mortgage satisfaction pieces. The Chester County Recorder of Deeds challenged the Administrator's authority and interpretation, while the City of Philadelphia intervened because its fee-collection duties would also be affected.
Procedural history
Farrell filed a declaratory judgment action in the Chester County Court of Common Pleas, challenging the Court Administrator's interpretation of property transfer under the additional-fee statute. The Court of Common Pleas sustained a preliminary objection based on lack of subject-matter jurisdiction and transferred the matter to the Commonwealth Court. Before the Commonwealth Court ruled on the remaining preliminary objections, the Supreme Court assumed plenary jurisdiction, permitted the City of Philadelphia to intervene, ordered collection of disputed fees into escrow, and decided the validity of the regulations.
Remand instructions
The Recorder of Deeds of Chester County was directed to forward the monies collected and held in an interest-bearing escrow account to the Pennsylvania Department of Revenue for deposit into the appropriate accounts.