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Bill No. 08042400.pdf
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City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107
BILL NO. 080424
Introduced May 1, 2008
Councilmember Greenlee
Referred to the
Committee on Law and Government
AN ORDINANCE
Amending Title 2 of The Philadelphia Code, entitled "City-County Consolidation," by
adding a new Chapter providing that prior to the recording of any deed, a check of record
ownership be conducted by the Department of Records, appropriate documentation be
submitted to the Department with certain deeds and requirements for the delivery of
deeds to the Department of Records be met; providing for notification to the record
owner of the recording of any deed; providing for exemptions and making certain
technical changes, all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 2 of The Philadelphia Code is hereby amended to read as follows:
TITLE 2. CITY-COUNTY CONSOLIDATION.
* * *
CHAPTER 2-200. RECORDING OF DEEDS.
§ 2-201. Definitions.
(1) Commissioner. The Commissioner of Records.
(2) Corporation. As defined in Section 19-1402 of this Code.
(3) Deed. Any agreement in writing, that conveys, transfers, demises, vests,
confirms or evidences any transfer or demise of title to real estate but not including wills,
mortgages, deeds of trust or other instruments of like character given as security for a
debt and deeds of release thereof to the debtor.
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(4) Department. The Department of Records.
(5) Real estate. As defined in Section 19-1402 of this Code.
(6) Record owner. The person whose name last appears as the owner of record in
the Department's records.
(7) Sheriff's deed. A deed giving ownership rights in real estate to a purchaser at
a sheriff's sale.
(8) Title insurance company. As defined in 40 P.S. § 910-1.
(9) Title to real estate. As defined in Section 19-1402 of this Code.
§ 2-202. Requirements. The requirements of this Section are in addition to any
requirements provided by state law, local law or regulations promulgated by the
Department.
(1) No deed shall be recorded in the Department unless a records check,
conducted by the Department, verifies that the named grantor on the deed is the record
owner of the real estate identified therein, except in the following cases where the
grantor may be a person other than the record owner:
(a) Any deed where the real estate described therein is part of a
decedent's estate;
(b) Any deed where the grantor has been issued power of attorney by the
record owner;
(c) Any deed where the grantor is a trustee; or
(d) Any deed where, pursuant to regulations promulgated by the
Department, a grantor, other than the record owner of the real estate identified in the
deed, may be appropriate.
(2) The following deeds shall not be recorded unless they are accompanied by the
appropriate documentation as set forth below:
(a) Where the real estate identified in the deed is part of a decedent's
estate, letters testamentary or letters of administration, issued by the Register of Wills
shall be provided.
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(b) Where the grantor has been granted power of attorney by the record
owner of the real estate identified in the deed, written documentation of the power of
attorney, shall be provided.
(c) Where the grantor is a trustee, the writing creating the trust shall be
provided.
(d) Where the grantor is a corporation, documentation of the filing of
Articles of Incorporation with the appropriate state agency shall be provided.
(e) Where, under the regulations of the Department, the grantor may
legally be someone other than the record owner of the real estate identified in the deed,
the Commissioner shall determine the appropriate documentation to be provided.
(3) No deed shall be recorded unless it is delivered to the Department by personal
delivery.
(4) Within thirty (30) days of the recording of any deed, the Department shall
notify the record owner of the real estate identified therein, by first class mail, that such
deed has been recorded.
§ 2-203. Exemptions. The provisions of Section 2-202(1) through (3) of this Chapter
shall not apply to sheriff's deeds or deeds presented for recording by any title insurance
company.
§ 2-204. Regulations. The Department is authorized to promulgate such regulations as
are necessary or appropriate to implement the provisions of this Chapter.
SECTION 2. This Ordinance shall become effective 90 days after enactment.
________________
Explanation:
Italics indicate new matter added.
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