RCK, INC. v. Katz

BECK, Judge:

In this appeal we are asked to construe Section 407(a) of the Act of January 30, 1974 (“Act”), P.L. 13, as amended, 41 P.S. § 407(a), and determine how Section 407(a) affects a creditor’s efforts to execute upon a confessed judgment.

Section 407(a) of the Act states that

[a]s to any residential real property, a plaintiff [creditor] shall not have the right to ... execute ... on a note ... confessing judgment until plaintiff, utilizing such procedures as may be provided in the Pennsylvania Rules of Civil Procedures [Pa.R.C.P. Nos. 2981-86], files an appropriate action and proceeds to…