If you receive a notice of intent to foreclose, it is not an empty threat-it means the lender is moving forward with plans to foreclose, and upon successful foreclosure will allow the property to be listed for Sheriff’s Sale. Sheriff’s Sales and Foreclosure Notices are not just threats from an angry creditor. What Is a Sheriff's Sale? At that point PA sheriff sale law governs. When the owner of a property located in the City of Philadelphia fails to make a payment arrangement on municipal debt levied on his/her property, that property may be sold at the Tax Sheriff Sale to allow the City to collect on that unpaid debt. If they were not served, the right of redemption period extends to 21 years. JUDICIAL SALE: Next scheduled sale will be early 2021, May/June timeframe. Redemption Periods When it's used, a sheriff's sale is considered the actual date of foreclosure on a property. If the property is unoccupied or abandoned, there is no Right of Redemption. The right of Redemption is only applicable if the property scheduled for Tax Sale is determined to be owner occupied 90 days prior to the sale. Right of Redemption A sheriff sale of real property can't occur until after a foreclosure trial. Everything can be handled over the phone or through zoom. The Judicial Mortgage Foreclosure Sales and the Tax Sales. Click here for a list of all Sheriff Sales currently scheduled. But even common legal matters can become complex and stressful. Unfortunately, neighboring Pennsylvania only allows redemption after a home is auctioned in a sheriff’s tax sale. Recently someone can to us whose home was scheduled for Sheriff Sale and who was over $17,000 in arrears on the mortgage. On November 11, 2011, a bank which, prior to the tax sale, held a mortgage encumbering the property, filed a redemption petition pursuant to the Act asserting its statutory right to redeem the prope… One way to protect yourself is to contact the City's Department of Licenses and Inspections to determine what outstanding code violations, if any, exist in the property. (72 P.S. Pennsylvania does not have a post-sale statutory right of redemption, which allows a party whose property has been foreclosed to reclaim that property by making payment in full of the sum of the unpaid loan plus costs. When a homeowner becomes delinquent on mortgage payments, most banks will move forward with foreclosure proceedings. The Sheriff Sales most people are familiar with are caused by foreclosures. Foreclosure is a judicial process. She had filed a Chapter 13 case but that case was dismissed because her previous attorney failed to explain what she needed to do to be successful. If you don’t act, your home will be auctioned off. § 404). This right of redemption only applies to tax sales. Pennsylvania law allows reinstatement up to one hour before the bidding at the foreclosure sale, a maximum of three times in any calendar year. Philadelphia holds Sheriff’s Sales every month to clear delinquent properties. This right is called the "equitable right of redemption." If you have been out-bid on a property, you can have your name recorded as the second bidder. In all counties across Pennsylvania, local Sheriff’s Offices handle the sale of foreclosed properties. If the sale has occurred, the heirs should hire an experienced Foreclosure attorney immediately to review all of the facts and to protect whatever rights may still exist. Each property has an identification number called the writ number, which is listed in the newspaper and on our online listing before the property address. Information on how a Judicial Tax Sale works is found below in a downloadable pdf. Lenders can suspend the home’s listing at any time until the gavel falls at the Sheriff’s auction. If municipal taxes go unpaid, most municipalities across Pennsylvania will eventually levy the property to recoup what is owed. The sales also provide individuals the opportunity bid on and become the owner of tax delinquent properties, thereby acquiring lots, houses, or commercial and industrial buildings. As with Tax Sales, Foreclosure Sales allow individuals the opportunity to bid on properties and become homeowners. Call (215) 625-9600 to schedule your free consultation. Unpaid taxes and utility bills can also result in your home being auctioned at a Sheriff’s Sale. In practice, a foreclosure will be filed promptly after the 30-day window unless a bankruptcy has been declared or the homeowner has entered a, Pennsylvania right of redemption tax sale. The Right of Redemption does not apply to any property sold at the Mortgage Foreclosure Sheriff Sale. The right of Redemption is only applicable if the property scheduled for Tax Sale is determined to be owner occupied 90 days prior to the sale. In counties of the second class, upon return of the writ upon which the sale was made and upon the expiration of the statutory right of redemption and if no petition to set aside the sale is pending, the prothonotary shall satisfy all tax claims and municipal claims divested by the judicial sale in accordance with the order of court authorizing such sale. The second bidder must present the same amount of deposit that the highest bidder delivers to the Sheriff at the stage. However, the sale date isn't the date a homeowner must vacate the property. § 5860.501). , handle tax sales through the county’s Tax Claim Bureau. In general, Pennsylvania’s Real Estate Tax Sale Law says that you can’t redeem your home after a sale. David M. Offen has spent over 20 years practicing bankruptcy and foreclosure law in Philadelphia. These debts can include outstanding water and sewer bills, School District of Philadelphia taxes, and city property taxes. In all counties across Pennsylvania, local Sheriff’s Offices handle the sale of foreclosed properties. If you are facing a Pennsylvania right of redemption tax sale, call our office as soon as you can – we have limited time to help you save your home. A lien will be placed on the property long before it is auctioned, and there will be a series of notices sent notifying you of your rights to redemption as a property owner. The sale is conducted by an auctioneer who calls out each party by writ number and address. You have to read the statutes that established "MUNICIPAL CLAIM AND TAX LIEN LAW" and in there you can read about rights of redemption. But you might be able to redeem in some circumstances. Even if you can’t afford to stay in your home, a sale should happen on your timetable, not the County Sheriff’s auction block. 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