Citimortgage Inc. v. Bethlehem Area School District, 48 Pa. D. & C.5th 265

Property at 2068 6th Street owned by Sandra K. Triantafelow; sheriff’s sale occurred August 9, 2013, and title conveyed to John R. Triantafelow in January 2014.
Citi (holder of a mortgage originated April 5, 2000) seeks to redeem the property after the tax-sale sheriff’s deed, asserting its mortgage was a lien at the time of sale.
Citi’s original mortgage instrument is lost and was not recorded before the sheriff’s sale.
Defendants argue the unrecorded mortgage was not a lien and therefore Citi lacks statutory redemption rights; they also assert factual disputes as to redemption amount if lien existed.
Court granted cross-motions for summary judgment in favor of Defendants, denying Citi’s petitions to redeem and striking Citi’s lis pendens.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Citi’s unrecorded mortgage a lien at the time of the sheriff’s sale?	Citi: Mortgage, though unrecorded, is enforceable against the mortgagor and thus constitutes a lien enabling redemption.	Defs: Recording statute precludes an unrecorded mortgage from being a lien; therefore no right to redeem.	Held: Unrecorded mortgage is not a “lien” under 21 P.S. § 622 and cannot support redemption under 53 P.S. § 7293 — Citi cannot redeem.
Is summary judgment appropriate on the redemption claim?	Citi: Facts undisputed; law entitles it to judgment as a matter of law.	Defs: Law supports judgment for defendants because unrecorded mortgage fails to meet lien requirement; alternative factual issues about amount do not defeat legal bar.	Held: Summary judgment for Defendants granted; Citi’s motion denied.

Lance v. Wyeth, 85 A.3d 434 (Pa. 2014) (summary judgment standards and prongs explained)
Summers v. Certainteed Corp., 997 A.2d 1152 (Pa. 2010) (summary judgment requires no genuine issue of material fact)
Foster’s Appeal, 3 Pa. 79 (Pa. 1846) (historic rule: a mortgage is not a lien until recorded)