Pines v. Farrell

DISSENTING OPINION

Justice EAKIN.

Although I agree with my colleagues’ conclusion that § 3502(a) of the Judicial Code authorizes the Court Administrator to promulgate a regulation interpreting the term “property transfer,” I believe the regulation’s characterization of mortgages,1 mortgage assignments, releases, and satisfactions, as “property transfers” for purposes of 42 Pa.C.S. § 3733(a.l)(l)(v) is not in accord with the law. Thus, I offer my dissent.

There is ample authority that in Pennsylvania, although a mortgage involves a conveyance, such a conveyance functions as a lien. “A mortgage,…