Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 6926.1504 - Assignment of installment claims(a)Initial assignment.--A taxing district may assign some or all of its installment 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 and shall be approved by resolution of the taxing district. An installment claim may be assigned whether or not any installment thereunder has become delinquent. Upon such an assignment, the following shall apply: (1) Assignment shall not be deemed a discharge or satisfaction of the installment claim or the taxes giving rise to the installment claim, and any lien of the assigned installment claim and taxes giving rise to the installment claim shall continue in favor of the assignee.(2) The assignee shall have and enjoy the same rights, privileges and remedies as were held by the taxing district with respect to the assigned installment claim and the tax giving rise to the claim under the provisions of the act of May 25, 1945 (P.L. 1050, No. 394), known as the Local Tax Collection Law, or any other laws applicable to the collection and enforcement of tax claims.(3) An assignment of an installment claim under this section shall be deemed, unless otherwise provided in writing, an assignment of applicable claims and liens arising with respect to such installment claim under section 33 of the act of May 16, 1923 (P.L. 207, No. 153), referred to as the Municipal Claim and Tax Lien Law, and section 316 of the act of July 7, 1947 (P.L. 1368, No. 542), known as the Real Estate Tax Sale Law.(4) If the instrument of assignment so provides and contains or provides for the delivery of an extract from the duplicate of the information pertaining to the assigned installment claims, the assignee exclusively shall have the rights and duties of the tax collector under the Local Tax Collection Law with respect to the assigned installment claims and shall be deemed to be acting pursuant to the warrant provided in section 5 of the Local Tax Collection Law, provided that the assignee shall not be entitled to any commission or salary in such capacity and shall not be subject to sections 4 and 16 of the Local Tax Collection Law.(5) An owner of property shall have the same rights and defenses under this act and any other law applicable to the collection and enforcement of tax claims that the owner held against the assignor.(6) References in the Local Tax Collection Law to a taxing district with respect to an installment claim shall be deemed to be references to the assignee of the taxing district with respect to assigned installment claims except for references to any actions taken by the taxing district before the assignment.(b)Further assignment.--An installment 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. 2006, June 27, P.L. 1873, No. 1(Spec. Sess. No. 1), § 1504, imd. effective.