Philadelphia Sheriff Sale Lawyer on Motion to Complete Sheriff Sale

Philadelphia Sheriff Sale Lawyer on Motion to Complete Sheriff Sale

The Office of the Sheriff of Philadelphia conducts monthly sheriff sales for properties that are in default for failure to pay mortgages or real estate taxes. Properties that are being sold for failure to pay mortgages are sold at mortgage foreclosure auctions. Properties being sold for unpaid taxes are sold at tax foreclosure auctions. You should perform a title search or at a minimum investigate the title history of the Property before making a bid at sheriff sale since some properties can be sold at a Sheriff Sale subject to prior mortgages or debts. Individuals may bid online to purchase these properties via online auction. While there are potential benefits to purchasing properties at sheriff sale there are drawbacks as well. One of the primary drawbacks is litigation is common after the Property is sold. Investors should be prepared for litigation following a successful bid at sheriff sale. Often times an interested third party will file either a petition to redeem a property sold at sheriff sale or a motion to set aside sheriff sale. Finally, if a bid is made but the sale is not finalized a bidder may file a motion to complete sheriff sale. Speak with a Philadelphia Sheriff Sale Lawyer to protect you are involved in litigation surrounding purchase of an asset at sheriff sale.

Philadelphia Sheriff Sale Lawyer on Motion to Complete Sheriff Sale

In Philadelphia, a bidder may purchase a property at sheriff sale only to discover the sale cannot be completed until certain terms are met. For example a property owner must be compliant with their taxes due and owing to the City of Philadelphia to purchase a property at sheriff sale. In other circumstances a bidder may be unable to pay the entire purchase price before the deadline. In such circumstances, a motion to complete sheriff sale may be filed to save the sale. If you were the winning bidder at a Philadelphia Sheriff Sale but did not pay the balance due within ten (10) days of sale, you may still be able to purchase the property. Pursuant to Pa. R.C.P. 2327 you may intervene and file a motion to complete terms of sheriff sale. Before the motion to complete sheriff sale can be filed you must intervene in the civil action that ordered the property sold. Generally, the Courts and City of Philadelphia is generous about completing sheriff sales where there equitable circumstances warrant are in favor of the third party purchaser and there is no opposition (i.e., the investor has brought his taxes compliant and wants to finalize the purchase of the Property).

Hire a Philadelphia Sheriff Sale Lawyer to File a Petition to Intervene

The Commonwealth of Pennsylvania has held that purchasers of real estate at Sheriff’s Sale have an interest in the Property. See e.g., St. Charles B &L. Assoc. v. Hamilton, 179 A. 604, 605 (Pa. 1935). Therefore, if you purchased the Property at sheriff sale you may intervene in the underlying tax and/or mortgage foreclosure action. The court shall require that you serve all petitions on interested parties including the City of Philadelphia, the owner of the property, and the Office of the Sheriff of Philadelphia. If the Petition to Intervene is granted then you may file a Motion to Complete Terms of Sheriff Sale.

Philadelphia Sheriff Sale Lawyer
Our Philadelphia Sheriff Sale Lawyers can help you finalize a purchase at auction or defend petitions filed by interested third parties attempting to thwart the sale.

Philadelphia Sheriff Sale Lawyer on Motion to Complete Sheriff Sale

At the hearing the judge will hear the reasons for why the motion to complete sheriff sale should be granted. She will likely consider whether any prejudice will be suffered by granting the motion. For example, if the prior owner of the property has filed a petition to set aside sheriff sale and is contesting the sale, the judge may be less likely to grant the motion. Conversely, if the City of Philadelphia supports the motion to complete sale (Example: there are no other bidders on the property, the prior owner is deceased, and the prevailing bid covers outstanding taxes on the Property) then the court may allow you to complete the sale. The court may look to equitable interests in deciding whether to complete the sale.

Finalizing the Completed Sale

If the Court grants the motion to complete sale then the third-party purchaser must comply with the Court order. The Order usually requires the petitioner to pay the sheriff the outstanding balance owed within thirty (30) days. After the balance is paid the Office of the Sheriff of Philadelphia will transfer the property by deed to purchaser. Bidder is then legal and record owner of the Property. If prior owner or other individuals remain at the Property speak with a Philadelphia Landlord Tenant Lawyer about filing and ejectment or eviction to remove unwanted occupants from the Property.

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Author:

Mark D. Copoulos

Mark D. Copoulos

From 2008-2011 Mark D. Copoulos worked for the First Judicial District, the Honorable Arnold, and the Honorable Shelley-Robins as interns and/or staff....

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