In an opinion filed on Feb. 13, the Pennsylvania Superior Court strictly upheld the general commonwealth rule that a purchaser of real property is not bound to look for judgments beyond the local judgment index. The decision is also noteworthy because it is the first appellate decision to apply Rule 3023 of the Pennsylvania Rules of Civil Procedure to determine the priority of liens arising from confession of judgment.
Although the result of this case is ultimately not surprising in light of its specific facts, the matter does present an interesting series of “what if” questions, in part because the slow pace of two competing claims — each apparently proceeding in ignorance of the other — serves to highlight the many opportunities for a party to lose its rights through either the failure to move with diligence, or because of bureaucratic delays in the courts.
