Rule 3277.Definitions.
Adopted December 6, 1996 · Last amended August 7, 2001 · Last verified June 30, 2026
Full Text of Rule 3277
Plain-English Summary
This rule supplies the vocabulary for the deficiency-judgment proceedings. “Prior lien amounts” means the amounts of prior liens, costs, taxes, and municipal claims not discharged by the sale, plus such items paid at distribution. “Special allocations” means the allocations the Judicial Code requires when judgments are involved.
The terms “judgment,” “judgment creditor,” and “nonconsumer judgment creditor” carry the meanings the Judicial Code gives them. Borrowing the statute’s definitions keeps the rules aligned with the deficiency statute they implement, so the fair-market-value accounting uses consistent terms.
Frequently Asked Questions
What is a “prior lien amount”?
The amount of prior liens, costs, taxes, and municipal claims not discharged by the sale, plus such items paid at distribution.
Where do the key terms come from?
Several are taken directly from the Judicial Code's deficiency-judgment provisions.
Official Note
Official Note: Section 8103(f) of the Judicial Code provides for certain special allocations when judgment has been entered with respect to a partial recourse obligation or an obligation of which only a portion is guaranteed.
Official Note: Section 8103(g) of the Judicial Code contains several definitions relating to deficiency judgments. The words set forth in paragraph (3) are common to both the rules and the Code. ‘‘Judgement’’ is defined by Section 8103(g) as ‘‘[t]he judgment which was enforced by the execution proceedings referred to in subsection (a), whether that judgment is a judgment in personam such as a judgment requiring the payment of money or a judgment de terris or in rem such as a judgment entered in an action of mortgage foreclosure or a judgment entered in an action or proceeding upon a mechanic’s lien, a municipal claim, a tax lien or a charge on land.’’ ‘‘Judgment creditor’’ is defined by Section 8103(g) as ‘‘[t]he holder of the judgment which was enforced by the execution proceedings.’’ ‘‘Nonconsumer judgment creditor’’ is defined by Section 8103(g) as ‘‘[a]ny judgment creditor except a judgment creditor whose judgment was entered with respect to a consumer credit transaction.’’
Amendment History
The provisions of this Rule 3277 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; amended August 7, 2001, effective September 4, 2001, 31 Pa.B. 4639. Immediately preceding text appears at serial pages (229701) to (229702).