- May 14, 2018
- All Pennsylvania Issuing Offices
- UNDERWRITING Philadelphia Code Enforcement (“CE”) Judgments
This Bulletin is to advise you of a change in how Stewart will underwrite Code Enforcement judgments in the City of Philadelphia going forward based on the position the City is now taking in regards to these judgments. As those of you who work regularly in the City of Philadelphia know, Code Enforcement Judgments are filed in the Municipal Court in Philadelphia and appear in the Municipal Court docket starting with a “CE” prefix.
Until now, we have evaluated the effect of these judgments on property in Philadelphia based on the type of violation the judgment related to. In some cases we treated the judgments as in rem, which meant they only affected the property at which the code violation occurred. Other judgments were viewed as in personam, which meant that they affected all property owned by the defendant in the City of Philadelphia.
The City of Philadelphia is now taking the position that all “CE” judgments are in personam. Therefore, as of the date of this Bulletin, Stewart will require that all Code Enforcement judgments in Philadelphia be treated as general judgments affecting all real estate owned by the defendant in the City of Philadelphia at the time of the entry of the judgment in the Municipal Court docket.
If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.
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THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.