Rule 1144.Parties. Release of Liability.
Adopted September 30, 1949 · Last amended April 12, 1999 · Last verified June 30, 2026
Full Text of Rule 1144
Plain-English Summary
Foreclosure has to reach the people with a stake in the property. The plaintiff must name as defendants the mortgagor, the personal representative, heir, or devisee of a deceased mortgagor if known, and the real owner of the property — or, if the owner is unknown, the grantee in the last recorded deed. The rule also addresses how a party not named as real owner is treated for personal liability.
Frequently Asked Questions
Who must be named as defendant in a foreclosure?
The mortgagor, a deceased mortgagor's personal representative, heir, or devisee if known, and the real owner of the property (or the grantee in the last recorded deed if the owner is unknown). But unless named as real owner, the mortgagor and a deceased mortgagor's representative, heir, or devisee need not be joined if the complaint releases them from liability for the mortgage debt. But unless named as real owner, the mortgagor and a deceased mortgagor's representative, heir, or devisee need not be joined if the complaint releases them from liability for the mortgage debt.
Amendment History
The provisions of this Rule 1144 adopted September 30, 1949, effective April 1, 1950; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (212336).