WHEREAS, fraudulent conveyances of real estate and interests in real estate are a serious threat to legitimate ownership and security interests in real property;
WHEREAS, the Philadelphia Bar Association has a long-established history of supporting federal, state and local legislation which protects the public against fraudulent acts and encourages the efficient administration of justice;
WHEREAS, the fraudulent recordation of deeds and mortgages has been increasing in Philadelphia and across the Country;
WHEREAS, actions involving fraudulent conveyances of real property interests brought in the Philadelphia Court of Common Pleas are often not answered by the alleged fraudulent conveyer;
WHEREAS, persons alleging fraudulent conveyances of property interests often include with their Complaint to Quiet Title proposed forms of orders which do not accurately provide or identify the powers of the Commissioner of Records, City of Philadelphia, to correct such fraudulent conveyances subsequent to an alleged conveyer's failure to answer or otherwise respond to such allegations;
WHEREAS, the Philadelphia Rules of Civil Procedure do not expressly provide for a form of order which addresses the clearing of title in a manner which may be followed by the Department of Records for dealing with the fraudulent transfer of real property interests;
WHEREAS, the Philadelphia Bar Association has prepared Standard Form Orders relative to Complaints to Quiet Title, outlining the steps the Commissioner of Records, City of Philadelphia, can be ordered to make to correct the record relative to the fraudulent recording of a deed or mortgage.
NOW, THEREFORE, BE IT RESOLVED, that the Philadelphia Bar Association hereby urges the Philadelphia County Board of Judges to amend the Philadelphia Rules of Civil Procedure to include the two proposed form orders, one dealing with fraudulent deeds and the other dealing with fraudulent mortgages, as shown in Exhibit "A" attached hereto.
AND, BE IT FURTHER RESOLVED that the Chancellor or his designee are authorized to take whatever steps are deemed necessary to communicate the views of the Philadelphia Bar Association to the appropriate members of the Philadelphia County Board of Judges and to otherwise effectuate this resolution.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: MARCH 30, 2006