Sheriff Sale Lawyer
Sheriff Sales & Real Estate
A motion to set aside sheriff sale is a legal action filed by a Philadelphia Real Estate Sheriff Sale Lawyer to recover a property sold at auction. Every year, thousands of properties are sold at Philadelphia sheriff sale. Most of these properties are sold because owners have defaulted on their mortgages or their taxes. There are two main sales resulting from either a mortgage foreclosure or a tax lien. After a property is sold at sheriff sale anyone with legal standing may petition the court to set aside the sale.
Pennsylvania Rule 3132 grants Common Pleas Judges the legal authority to set aside a sheriff sale for “proper cause.”
WHAT IS A MOTION TO SET ASIDE SHERIFF SALE?
A motion to set aside is a legal pleading asking the court to effectively cancel a sheriff sale. In Philadelphia, many judges will set aside a sale for good cause. Good cause may be any compelling equitable argument warranting overturning the sale. Many judges are lenient in finding good cause since properties are auctioned at sale without the consent of prior owner. Therefore, if there is a good reason to set aside the sale a prior owner may recover their property by filing a motion to set aside sheriff sale.
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THIRD-PARTY CHALLENGES TO MOTION TO SET ASIDE
Often times the new owner will challenge a motion to set aside sheriff sale. A third-party purchaser may assert a challenge to a sale by showing good cause to deny the petition. For example, if the third-party purchaser has already made substantial investments in the Property in may weigh against the motion to set aside sheriff sale.
SETTLEMENT BEFORE LITIGATION OF MOTION
Often times a motion to set aside sheriff sale is settled before actual litigation. For example, a third-party purchaser may agree to set aside a sale in consideration for their costs paid and some return on their investment. On the other hand, a prior owner may argue to withdraw their motion to set aside sheriff sale in consideration for payment of costs. You may consider resolving a motion to set aside by settlement since there is uncertainty in any legal proceeding. One way to mitigate such uncertainty is with a reasonable settlement.
PHILADELPHIA REAL ESTATE LAWYERS
If you are seeking to file a motion to set aside sheriff sale contact our experienced Philadelphia real estate and property attorney. We can assist in drafting the legal pleading to set aside sale and discuss the likelihood of success in your particular matter. For a free consultation call our office at 267-535-9776.
The Law Office of Mark D. Copoulos was founded on our commitment to the client. We pride ourselves on unparalleled service. Our firm answers all incoming calls from clients, at all hours, and strives to promptly resolve your legal issue.