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Rule 1571.Trustees to Satisfy Liens and Charges.

Last amended August 8, 2023 · Last verified June 30, 2026

In one sentenceRule 1571 lets the court appoint a trustee to receive and hold payments due to lienholders or parties who are unknown or cannot be found, so partition can proceed despite those claims.

Full Text of Rule 1571

Text sizeJump to: (a) (b)

(a) The court, upon motion of any party or person in interest, or upon recommendation of the hearing officer, may appoint a trustee to receive payment of:
(1) any sum due any party or person in whose favor a lien exists and who is unknown or cannot be found;
(2) a principal sum necessary to secure the payment of any amount charged upon property to be partitioned;
(3) the purchase price of any property sold in partition which is subject to a life estate and remainder.
(b) The trustee shall, upon entry of such security as the court shall direct and upon payment of the sums decreed, be authorized to satisfy of record any lien, whereupon the property shall be freed and discharged from such lien.
End

Plain-English Summary

Partition can be held up by liens or by owners who cannot be located. This rule lets the court, on motion or the hearing officer's recommendation, appoint a trustee to receive the sums due to a lienholder or party who is unknown or cannot be found. The trustee holds the money, which lets the partition or sale go forward while protecting those absent claims.

Frequently Asked Questions

How are liens and absent parties handled in partition?

The court may appoint a trustee to receive and hold the payments due to lienholders or parties who are unknown or cannot be found.

Official Note

Official Note: adopted April 26, 1955, effective November 1, 1955.

Amendment History

The provisions of this Rule 1571 amended August 8, 2023, effective October 1, 2023, 53 Pa.B. 5108. Immediately preceding text appears at serial page (302504).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text
Also known as: trustee partitionsatisfy liens partitionunknown party funds