The Pennsylvania Petition to Postpone Sheriff Sale — Tax is a legal document that allows taxpayers in the state of Pennsylvania to request a postponement of the Sheriff Sale for unpaid taxes. This petition can be used to request a delay of up to 90 days in the sale of a property due to unpaid taxes. This petition is used by taxpayers to give them time to pay their taxes, refinance their property, explore other options to pay off the debt, or seek other legal remedies. There are two types of Pennsylvania Petition to Postpone Sheriff Sale — Tax: one for individuals and one for businesses. The individual petition is used when taxpayers are unable to pay their taxes due to financial hardship, while the business petition is used for businesses that are delinquent in paying their taxes.
Pennsylvania Petition to Postpone Sheriff Sale - Tax
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FAQ
One of the easiest ways to stop a sheriff's sale in Philadelphia is to file for bankruptcy. Once you do, an automatic stay will go into effect, stopping creditors' debt-collection efforts, including a sheriff's sale. If you file for Chapter 13 bankruptcy, your property will be unaffected.
Homeowners have 9 months from the sale of their property to file for redemption. By paying all due taxes, fees, expenses and repaying the auction price and interest, homeowners have the right to get their home back. This only applies if the property was being used as a residence within 90 days of the sale.
Write the occupant a letter instructing him/her that you are now owner of the property and that he/she has thirty days to vacate the property.
A CERDO must be filed 10 days before a scheduled Sheriff Sale in order to delay the sale. Clients can file a completed copy of the CERDO form in Room 296. There is no filing fee associated with a CERDO.
As a matter of common law right, the Commonwealth's lien for taxes con- tinues on the property until the tax claim is paid in full. If the proceeds of a sheriff's sale are insufficient to pay the Commonwealth's claim in full, the lien continues for the unpaid balance.
The property will most likely be sold to a third party buyer or go back to the foreclosing mortgage company. After the sheriff's sale, you have the right to challenge the sale under limited circumstances.
The only real way to stop a sheriff's sale for good is to address your debt. Depending on the type of bankruptcy you file for, you may be able to pay back creditors without losing assets that might be otherwise sold in a sheriff's sale. For example, Chapter 13 bankruptcy works through repayment plans.
A petition to set aside is a legal document filed with the court. In the petition ?any party in interest? may ask a judge to set aside or cancel the sheriff sale. In Philadelphia many judges are receptive to these petitions because they understand the properties are being sold without consent of the prior owner.