Right To Sell Property In Allegheny
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In general, a foreclosure auction is held when the property is being sold directly by a bank or other lender who has seized property for non-payment, while a sheriff's sale is part of a court-ordered process to satisfy legal judgments against the former owner of the property.
Setting aside sale. Upon petition of any party in interest before delivery of the personal property or of the sheriff's deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances.
A Sheriff Sale can be stopped by (1) the writ being stayed – that is all proceedings involving the sale of the property are stopped; (2) a court order; (3) a bankruptcy being filed; (4) debtor makes payment or comes to an agreement directly with the mortgage holder.
Sheriff's sales are held on the second Thursday of each month at am on the third floor of the Court House Annex Building. The Sheriff's sale is an auction of the mortgaged premises pursuant to a judgement and Writ of Execution.
SheriffSales are public auctions where a property can be sold to collect unpaid debt. Debts can include outstanding water and sewer bills, School District of Philadelphia taxes, and city property taxes. There are two types of SheriffSales: mortgage foreclosure sales and tax sales.
A Sheriff Sale can be stopped by (1) the writ being stayed –that is all proceedings involving the sale of property is stopped; (2) a court order; (3) a bankruptcy being filed. (4) payment of the full amount due in full.
The Plaintiff in the case may cancel or adjourn a Sheriff's Sale. Typical reasons for doing so include settlement or bankruptcy.
Another option is to get a court order to postpone a sheriff's sale, which might be possible, depending on the reason for a sheriff's sale. Accomplishing this may be a lengthy process in Pennsylvania.
Filing for bankruptcy, even on the eve of the sale, will stop the sale, take your house off the list, and provide time for you to approach a federal bankruptcy trustee with a reorganization plan or numbers justifying why some of your debt should be discharged.
At the auction if no one else bids then the lender will win and will be the legal owner. After the sale you can check the county records to make sure the deed is transfered out of your name.