Anyone that owns a property in Pennsylvania is at risk of having their property sold at tax sale if they don’t pay their real estate taxes for two years. The next year your property will be listed for an Upset Tax Sale.
What is a tax sale?
There are several different kinds of tax sales. The first is called an Upset Tax Sale and takes place on the second Monday of September. An upset tax sale does not discharge judgment liens or mortgages so the purchaser at an Upset Tax Sale buys the property under and subject to those liens. Therefore, most properties that are sold at an upset tax sale have little or no judgment liens or mortgage liens on the property.
If the property is not sold at an Upset Tax Sale the Tax Claim Bureau (“Bureau”) will hold a Judicial Tax Sale where judgment liens and mortgages can be discharged. This will be held after the lienholders and owners are notified of the Judicial Tax Sale.
How does the tax sale work?
The Bureau must give the owner of the property three types of notice before the tax sale: publication, certified mail and posting.
If any is defective, the sale is void.
In addition, no owner-occupied property may be sold unless the Bureau has given the owner occupant written notice of such sale at least ten (10) days prior to the date of the actual sale by personal service of the notice.
Finally, if the certified mail is either returned without the required personal signature or under other circumstances raising a significant doubt as to the actual receipt of such notification by the owner, then, before the tax sale can be conducted the Bureau must exercise reasonable efforts to discover the whereabouts of such person or entity and notify him/her.
Can you save your property?
Yes, you can. However, you have to act quickly as soon as you find out about the sale. Even if you have no defenses and your property has been sold at tax sale, by contacting a lawyer experienced in this area of the law, you can almost always negotiate a settlement with the purchaser of the property at tax sale. If any of the statutory requirements are not strictly adhered to, then the attorney will help you to file a petition to have the tax sale set aside and voided.
When should you hire an attorney?
The most important thing is that you act promptly. The sooner you act the more chance you have to overturn the tax sale or make a settlement with the purchaser.
Michael’s personal practice supports the needs of businesses and homeowners in a changing economic environment. He has extensive experience in mortgage foreclosures, collections and loan workouts, general counsel work and real estate litigation. Michael has been with MacElree Harvey, Ltd. since 1980.
If you have any questions regarding a banking and finance litigation matter, contact Michael Louis at [email protected] or (610) 840-0228.
As long as I pay before the sell date, they will take my property off the deliquent tax sale list, right?
Yes, and the tax claim office will usually let you make payments if you dont have the full amount. The sooner you contact them the better. If you wait till day of sale you will need atleast 25% of total delinquint taxes owed. You may still have to sweet talk the sale cordinator because its up to him. Just Make payments on a regular weekly or monthly basis and they wont sell your house, contacting them asap is key.
Yes as long as you pay all the taxes 2 years old or older. If you can not afford to pay them all you can enter into a payment agreement with them as long as you have not done so previously and defaulted.
My house was sold for back taxes I was notified in November and applied for tax relief from the state. I called and they said next month I should be on the list but didn’t know my house was already sold they gave me a notice September 26th that had to be out by October 5th I had no idea this when I had a call in November I told he he gave me a payment that there was no way I could afford it was more than half my income Plus regular taxes I’m a single mother and was getting no child support I told him that he said I had no choice that was the best he can do so I was on the internet looking for help and found a grant through the Pennsylvania state tax Grant so I had filled it out but my not close yet she said next month would be probably when I would come up for the grant. I’m behind 21 and 22 and I don’t think 23 is even do yet but they have other dates listed on the paper but my house was for sale in 2020 and had to get all caught up because I had to actually stop the sale it was for it was being auctioned off as I went in to pay it and I know I had to pay everything I do have a receipt for a payment. But not the other ones because my brother had loaned me the money
Hi I wrote to you on September 29th and I looked at my replies and it says I didn’t leave my email I just left it hopefully maybe you could answer a few questions even if I can’t get my house can I at least get my things my children and I have no clothes nothing we weren’t able to take anything out the house the day the sheriff’s came they and told us we had to be out and we were told to exchange information so I can get my stuff but the new owners will not return any phone calls text messages I even left notes on the door I had even left notes on the door but they will not return anything I’m only two houses up the street at my brother-in-law’s and I don’t see anyone at the house they were there the the day they made me move and I seen them taken some things out of the house and tried to contact the sheriff’s office but no one had got back to me I was told I can go down at 7:00 at night to get one bag and that would be the only time I was allowed in so I didn’t go because I wanted to get the rest of my stuff I had brand new appliances I had just bought my children’s beds dressers all their stuff computer TVs if I only knew that my house was sold or going to be sold I would have gotten my things out I have many pain and wasn’t two years behind taxes I was behind 2022
I am in desperate need of assistance, My home was just sold on Tuesday, 9/26/2023 for back taxes and I want to get it back, but I have no idea of where to go or what to do. My income is limited, but I have to do everything I can to get this back. Can someone please contact me as soon as possible?
Hello I owe 5,700.00 and at this time for back owed taxes on my home realestate tax for 2022 what should I do what kind of attorney can help me from my house being taken from me dauphin county pa Can you please tell me what attorney to get for this Objection or exception to the tax sale can you please give me the best knowledge of a attorney that can help me from moving out of my home can you please please give me the imformation or the attorney that can stop this can you please replay back to me the best thing i can do to stop this thank you
In 2017 my husband and I asset purchased a business in Hazleton. It was owner financed and we paid it off in 3 years. We then wanted to put that same amount of money monthly away to have a dowpayment for purchasing tge building from our landlord by our 5th year in business. However he decided at the end of our 3rd year he Wanted to sell and actively pursued selling it. So we were forced to act on it earlier. At the same time we purchased real estate for the purpose of fixing it up and renting it out. We paid cash for the property which has a 3 bedroom 1 bath house and a studio apartment cottage both on the same deed and located in Pittston. We live in Waymart and we have a rental property in Waymart as well. The purchase of the Pittston property and the purchase of the business building both happened at tge sane time as covid. Post covid our utilities for running the business (which one third of it is a laundromat so we use alot of water) have been raised to a point that it is a struggle to make it run still. So we work a you of hours. We had begun renovations in the business and the Pittston property and then couldn’t keep going due to shortage of materials and cost of them. So finishing the Pittston property to get it rented out has taken years longer than we had hoped. In the process we spend little time actually at our house. Our son does bring on the mail and anything important he reminds us it’s there. When we come home we take care of the mail. We do not have any registered mail from the tax office. We stop by Pittston to mow grass…usually when it could be hayed. Our focus had been to keep the business afloat. So Pittston takes the backseat and we work on it when we can. I have the utilities on auto pay for this property and in our rush I didn’t think about the taxes. The reason i began to think about it is because we decided to sell the property as soon as we could finish the second bathroom so we could pay off some things with the business. I called to see about who I pay for them since when I went to Luzerne County Tax site it said another company handles payment for the Pittston area. When I called, it was a Friday and the court receptionist said the property had sold the day before at tax upset sale. So I began my search for someone to help us
I reside in Beaver County Pa I noticed when searching for help to pay Outrageous School Taxes there’s help for this in almost every other County? I’m on Ssi and Ssd les than $900. A month I have to survive geez,I am disabled I went to the Tax Assessment Office they told me I’d have to pay $489.45. A month to not get behind how can I afford that??Aren’t there any Programs to help me the low income housing list is 3 to 4 years long! They make no exceptions I got in this jam cause a friend that would help me commited Suicide now I’m loosing g everything I have severe scoliosis can’t walk far..I don’t have a car I’m so lost I’ve lived here 9 years bought outright so no mortgage no help
If I pay my back taxes I can still keep my property
My home was sold at a tax sale in Cambria County pennsylvania without my knowledge of the Sale being held. The person that purchased my own came to my home yesterday 11/9/23 and notified me of the purchase. She wanted to enter my home to discuss The possibility of my home being rented by myself. I never received any certified mail Nor was my house posted to notify me of the Tax Sale. I can’t afford the newspaper so I wouldn’t have known that way either. My husband passed away suddenly last June. I’m 65 and disabled and living on only his social security payment. The buyer wants to come today 11/10/23 to take pictures. I don’t know what to do. I realize I should contact an attorney but how is that possible because I literally live from month to month. I didn’t think anything worse after his death could happen after the Government cut my Foodstamps to $23.00 a month. I not able to drive to food panties an they don’t deliver. And now this heartbreaking news. Any advice you can provide would be a Blessing and very much appreciated. Thank you very much
My house was up for taxes they said Friday at 4:30 was the deadline to pay them. I didn’t get the money till Sunday. I went to therax claim office with the money Monday 8:15am thesale started at 8:30am I was not allowed to pay them said Friday was the last day to pay. But their were a few others that were able to pay Monday I don’t know why they were. Was it legal for them to do that? My house was sold I have a lawyer its going in front of the judge in January I know they all work together at the courthouse so I’m not sure I’m going to get a fair trial, can I appeal if I lose?
You must have known you hadn’t paid property tax in two years. The 3rd year it goes up for sale.
Do you know if not paying taxes for 2 years is the same as missing a payment 2 years ago ?My home was also sold without notifying me . I absolutely did not know I missed a payment. I work away but my husband and kids are home all day . We remortgaged right before 2021 tax bill . My husband paid the city and county taxes but thought the school taxes were paid . The next year paid 2022 in full . A man who purchased 32 homes at past tax sale that day somehow bought mine also , no posting ,no verified letter and no personal service . The tax office did obtain a permit from CCP stating they could not contact me and my home was sold . They have no record of any attempts to contact me . Of course i immediately contacted a lawyer for 5k , although my rights were absolutely violated the lawyer has said the purchaser ,who represents himself so he has no legal fees says if I give him 10k he will stop filing against me . This made me livid as I live in an extremely corrupt county and I have little trust in this attorney since he says even if the judge throws it out I will face more attorney fees as this purchaser is well versed in law and appeal devastating me financially.