Rule 3101.2.Obligation Secured by Real and Personal Property. Plaintiff’s Election to Proceed against Both in Accordance with Its Rights against the Real Property.

Adopted March 13, 2007 · Last amended March 13, 2007 · Last verified June 30, 2026

In one sentenceWhen a money judgment rests on an obligation secured by both a mortgage on land and a security interest in personal property, the creditor may elect to enforce against both as if the personal property were real property, by filing an affidavit.

Full Text of Rule 3101.2

Text sizeJump to: (a) (b) (c)

(a)

(1) A money judgment on an obligation secured by a mortgage which grants a mortgage lien on an estate, leasehold or interest in land and also a security interest in personal property, at the election of the plaintiff, may be enforced against both in one proceeding pursuant to the rules of this chapter governing execution against real property.

(2) A claim that any tangible personal property levied upon pursuant to a writ of execution is the property of a person other than the defendant in the execution shall proceed in accordance with Rule 3201 et seq. governing sheriff’s interpleader.

(b) The plaintiff shall make the election to proceed under subdivision (a) by filing an affidavit setting forth the place of record of the mortgage and stating that

(1) the mortgage covers both the real property and the personal property against which the plaintiff seeks execution, and

(2) the plaintiff intends to proceed against both in accordance with its rights against the real property pursuant to Section 9604 of the Uniform Commercial Code and this rule.

(c) If plaintiff elects to proceed as provided by this rule, the term ‘‘real property’’ as used in this chapter shall be deemed to include the personal property.

End

Plain-English Summary

This rule lets a creditor reach mixed collateral on one track. Where the obligation behind a money judgment is secured by a mortgage on land and also by a security interest in personal property, the creditor may elect, under the Uniform Commercial Code, to proceed against both in accordance with its rights against the real property.

The election is made by filing an affidavit that gives the place of record of the mortgage and states that the mortgage covers both kinds of property and that the creditor intends to proceed against both as real property. Once elected, “real property” in the chapter is read to include that personal property, so the real-property execution rules govern the whole. A third party who claims the levied personal property proceeds under the sheriff’s-interpleader rules.

Frequently Asked Questions

When does this rule apply?

When a money judgment rests on an obligation secured by both a real-property mortgage and a personal-property security interest.

What choice does the plaintiff have?

To proceed against both the real and personal property in accordance with its rights against the real property, as the rule allows.

Official Note

Official Note: The rules of this chapter governing execution on personal property do not apply to an execution on personal property if an election has been made to proceed under this rule. However, Rule 3201 et seq. governing sheriff’s interpleader does apply when tangible personal property levied upon is claimed to be the property of a person other than the defendant in the execution. For a similar provision applicable to the enforcement of a judgment of mortgage foreclosure, see Rule 3180(b).

Official Note: Subdivision (c) is not applicable to a proceeding in sheriff’s interpleader under Rule 3201 et seq. in which tangible personal property levied upon is claimed to be the property of a person other than the defendant in the execution.

Amendment History

The provisions of this Rule 3101.2 adopted March 13, 2007, effective June 1, 2007, 37 Pa.B. 1411.

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: obligation secured real personal property election