Pennsylvania Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust

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Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

Pennsylvania Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust is a legal action that can be taken by a purchaser who has acquired real property through a foreclosure sale after a default on a mortgage loan. This legal action allows the purchaser to seek resolution against the current possessor of the property, who might be an occupant or a former owner, seeking possession and other remedies. In Pennsylvania, there are various types of Complaints or Petitions that can be filed depending on the specific circumstances of the case: 1. Complaint for Possession: A purchaser may file a Complaint for Possession to request the removal of the current possessor and gain rightful ownership and possession of the foreclosed property. This type of complaint aims to protect the purchaser's property rights acquired through the foreclosure sale. 2. Complaint for Enactment: If the current possessor refuses to vacate the property even after receiving notice of the foreclosure sale, the purchaser can file a Complaint for Enactment. This legal action seeks court-ordered eviction of the possessor, allowing the purchaser to take physical possession of the property. 3. Complaint for Trespass: In situations where the current possessor continues to occupy the property unlawfully, such as by squatting or refusing to leave after filing an unsuccessful appeal against the foreclosure sale, the purchaser can file a Complaint for Trespass. This complaint alleges that the possessor is unlawfully occupying the property and seeks a court order to remove them. 4. Complaint for Damages: If the current possessor has caused damage to the property during their occupation or has engaged in actions that affected its value, the purchaser can seek compensation through a Complaint for Damages. This complaint allows the purchaser to recover monetary damages for any harm caused to the property. 5. Complaint for Rent: In cases where the current possessor remains on the property after the foreclosure sale but agrees to pay rent to the purchaser, a Complaint for Rent may be filed if the possessor fails to fulfill their rental obligations. This type of complaint aims to enforce the rental agreement and seek compensation for unpaid rent. It is important to note that the specific forms and requirements may vary depending on the jurisdiction and local court rules. Individuals seeking to file a Complaint or Petition after a foreclosure sale in Pennsylvania should consult with an attorney to ensure compliance with the relevant laws and procedures.

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The adverse possessor must either: Have a defective document which tries (but fails) to transfer title of the property to the possessor (?color of title?), or. The possessor must actually occupy the property with the intent to claim the title to the property (?claim of right?).

Rule 588 - Motion for Return of Property (A) A person aggrieved by a search and seizure, whether or not executed pursuant to a warrant, may move for the return of the property on the ground that he or she is entitled to lawful possession thereof.

Except as otherwise provided by another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the date of the judgment, if the judgment is not entered upon a verdict or award.

In Pennsylvania, a claim of adverse possession gives a trespasser legal title to property if they can prove actual, continuous, exclusive, visible, notorious, distinct, and hostile possession of property for (in most cases) 21 years.

Currently, in most cases in Pennsylvania, the tenant or trespasser must be in ?actual, continuous, exclusive, visible, notorious, distinct and hostile possession? of the property for at least ten years to claim adverse possession of a property.

Regular monitoring will inform you of potential or actual encroachment and provide an opportunity to take appropriate action to avoid an adverse possession dispute, whether that means granting permission for use in writing or ejecting the trespasser from the property.

These sections of the new Eminent Domain Code have been called the Property Rights Protection Act. Pennsylvania Government entities are severely restricted in any effort which would take private property to transfer that ownership to a different private entity.

ADVERSE POSSESSION; REQUIREMENT OF HOSTILITY; PERMISSION; LAWN MOWING: Tending a lawn, including seeding and mowing, on neighbor's property can constitute continuous hostile adverse possession in Pennsylvania. Brennan v.

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Pennsylvania Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust