Sheriff Sale Lawyer

Sheriff Sales & Real Estate

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TIME FRAME TO FILE A MOTION TO SET ASIDE SHERIFF SALE

A motion to set aside sheriff sale should be filed before the sheriff’s deed is recorded. Concord Liberty Sav. and Loan As’n v. NTC Properties, 454 Pa. 472, 312, A. 2d (Pa. 1973). This means a prior owner has four to six weeks to file the motion before losing the right to file a motion to set aside sheriff sale. After the deed is recorded the probability of setting aside a sale is substantially reduced. Some lawyers may argue the court lacks legal authority to set aside a sheriff sale after the deed is recorded under Pa.R.C.P. 3132. Therefore, if you have a legal interest in setting aside a property you must file the petition to set aside in a timely manner.

LEGAL STANDING TO FILE MOTION TO SET ASIDE SHERIFF SALE

In order to file a motion to set aside sheriff sale, the petitioner must be a “party in interest.” This means the individual filing the lawsuit must have legal standing to bring the claim. Legal standing is governed by Pa.R.C.P. 2327. Under the rule a party has legal standing where the action affects a “legally enforceable interest.” Thus, if you lost your property at a sheriff sale you have the right to intervene and file a motion to set aside sheriff sale. On the other hand, a third-party purchaser has a right to intervene in a civil action to contest a motion to set aside sheriff sale. The Court will hear from all parties including the city, prior owner, and thirty-party purchaser before making a determination on the motion to set aside sheriff sale.

PROPER CAUSE TO SET ASIDE SHERIFF SALE

There must be a good reason to set aside a sheriff sale. The most common reason is lack of notice. For example if the property was sold without serving the prior owner with notice there may be a legal basis to set aside the sale under Pa.R.C.P. 3132. Before the City of Philadelphia can sell your property they also must comply with the Pennsylvania Municipal Claims and Tax Liens Act (MCTLA), 53 P.S. Section 7101-7105. Thus, if the prior owner was unaware that his property was being sold he may have a legal basis to set aside the sale.

CITY OF PHILADELPHIA CHALLENGE TO MOTION

The City will likely challenge the lack of notice argument. Often times the notice of sale is posted to the Property and photos are taken to challenge any subsequent attempts to overturn the sale. Finally, the City usually opposes motions to set aside sheriff sale as setting aside the motion impacts the finality of the auction and may deter investors from purchasing properties. If you have a question about a motion to set aside sheriff sale speak with a qualified Philadelphia real estate and property lawyer.

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.

Areas of Practice

1628 JFK Blvd., Ste. 1301
Philadelphia, PA 19103