8143 - Open-end mortgages.

     § 8143.  Open-end mortgages.        (a)  General rule.--Whether or not it secures any other debt     or obligation, an open-end mortgage, other than a purchase money     mortgage as defined in section 8141 (relating to time from which     liens have priority), may secure unpaid balances of advances     made after such open-end mortgage is left for record. The     validity and enforceability of the lien of an open-end mortgage     shall not be affected by the fact that the first advance is made     after the date of recording of the mortgage or that there may be     no outstanding indebtedness for a period of time after an     advance or advances may have been made and repaid.        (b)  Unobligated advance after notice.--An open-end mortgage     securing unpaid balances of advances referred to in subsection     (a) is a lien on the premises described therein from the time     the mortgage is left for record for the full amount of the total     unpaid indebtedness, including the unpaid balances of the     advances that are made under the mortgage plus interest thereon,     regardless of the time when the advances are made. However, if     an advance is made after the holder of the mortgage receives     written notice which complies with subsection (d) of a lien or     encumbrance on the mortgaged premises which is subordinate to     the lien of the mortgage and if the holder is not obligated to     make the advance at the time the notice is received, then the     lien of the mortgage for the unpaid balance of the advance so     made is subordinate to the lien or encumbrance unless the     advance so made is in order to pay toward, or to provide funds     to the mortgagor to pay toward, all or part of the cost of     completing any erection, construction, alteration or repair of     any part of the mortgaged premises, the financing of which, in     whole or in part, the mortgage was given to secure. If an     advance is made after the holder of an open-end mortgage     receives written notice of labor performed or to be performed or     materials furnished or to be furnished for the erection,     construction, alteration or repair of any part of the mortgaged     premises and if the holder is not obligated to make the advance     at the time the notice is received, then the lien of the     mortgage for the unpaid balance of the advance so made is     subordinate to a valid mechanic's lien for the labor actually     performed or materials actually furnished as specified in the     notice unless the advance so made is in order to pay toward, or     to provide funds to the mortgagor to pay toward, all or part of     the cost of completing any erection, construction, alteration or     repair of any part of the mortgaged premises, the financing of     which, in whole or in part, the mortgage was given to secure.        (c)  Mortgagor may limit indebtedness.--The mortgagor may     limit the indebtedness secured by an open-end mortgage, and     release the obligation of the mortgagee to make any further     payments, to that in existence at the time of the delivery of a     written notice to that effect to the recorder for record, if the     notice is executed by the mortgagor, is acknowledged according     to law and states the volume and initial page of the record or     the recorder's file number of the mortgage, and a copy thereof     is served upon the holder of the mortgage more than three days     prior to the delivery of the notice to the recorder for record.     The notice shall be recorded and indexed by the recorder as an     amendment of the mortgage and shall be noted on the margin of     the record of the mortgage, giving the book and page number     where the notice is recorded. The right of the mortgagor to     limit indebtedness secured by the mortgage is not applicable to     interest subsequently accruing on indebtedness or advances made     after the delivery of the notice to the recorder for record in     order to pay for all or part of the cost of completing any     erection, construction, alteration or repair of any part of the     mortgaged premises, the financing of which, in whole or in part,     the mortgage was given to secure.        (d)  Notice.--The written notices provided for in subsection     (b) shall be signed by the holder of the lien or encumbrance or     the person who has performed or intends to perform the labor or     who has furnished or intends to furnish materials, or by his     agent or attorney, and shall set forth a description of the real     property to which the notice relates, the date, the parties to,     the volume and initial page of the record or the recorder's file     number of the mortgage over which priority is claimed for the     lien or encumbrance and the amount and nature of the claim to     which the lien or encumbrance relates or the nature of the labor     performed or to be performed or materials furnished or to be     furnished and the amount claimed or to be claimed therefor. The     written notices provided for in subsections (b) and (c) shall be     deemed to have been received by or served upon the holder of the     mortgage when delivered to the holder personally or by     registered or certified mail at the address of the holder     appearing in the mortgage or an assignment thereof or, if no     address is so given, at the principal place of business or     residence of the holder or the agent of the holder within this     Commonwealth or, if the holder has no principal place of     business or residence or agent within this Commonwealth, when     posted in some conspicuous place on the mortgaged premises.        (e)  Section not exclusive.--This section is not exclusive     and shall not be construed to change existing law with respect     to the priority of the lien of advances made pursuant to a     mortgage except to the extent that it gives priority to the lien     for advances under an open-end mortgage complying with the     requirements of this section which would not have such priority     in the absence of this section.        (f)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Holder of the mortgage."  The holder of the mortgage as     disclosed by the records of the recorder or recorders of the     county or counties in which the mortgaged premises are situated.        "Indebtedness."  The unpaid principal balance of advances     exclusive of interest and unpaid balances of advances and other     extensions of credit secured by the mortgage made for the     payment of taxes, assessments, maintenance charges, insurance     premiums and costs incurred for the protection of the mortgaged     premises.        "Mortgage."  Includes a mortgage, deed of trust or other     instrument in the nature of a mortgage.        "Mortgagor."  Includes the mortgagor's successors in interest     as disclosed by the records of the recorder or recorders of the     county or counties in which the mortgaged premises are situated.        "Open-end mortgage."  A mortgage which secures advances, up     to a maximum amount of indebtedness outstanding at any time     stated in the mortgage, plus accrued and unpaid interest. Such a     mortgage shall be identified at the beginning thereof as an     "open-end mortgage" and shall clearly state that it secures     future advances, which in the case of a home equity plan, the     lender has a contractual obligation to make on the terms and     conditions set forth in the mortgage and open-end loan agreement     with the borrower. Such open-end mortgage shall be deemed to     secure obligatory future advances even though the mortgage or     loan agreement contains some or all of the limitations and     conditions on the obligation to make advances which are     permitted for home equity plans under the Home Equity Loan     Consumer Protection Act of 1988 (Public Law 100-709, 102 Stat.     4725), as implemented by Regulation Z issued thereunder in 12     CFR 226.5(b) (relating to general disclosure requirements).        "Recorder."  The recorder of deeds or other official in     charge of recording mortgages in each county in which the     mortgaged premises are located.     (Oct. 12, 1990, P.L.525, No.126, eff. 60 days)        1990 Amendment.  Act 126 added section 8143. Section 2 of Act     126 provided that nothing contained in Act 126 shall be     construed to affect the priority of advances made under any     mortgage recorded before the effective date of Act 126.