Is there a limit on the maximum length of time a creditor has to sell a property at sheriff’s sale once it has received a judgment?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is there a limit on the maximum length of time a creditor has to sell a property at sheriff’s sale once it has received a judgment?

I had a rental property that I thought was foreclosed on 2 years ago. The lender had obtained a writ of execution and the sale was set. For some reason, unbeknown to me, they cancelled the sale and never rescheduled it. It was only after I recently received past due tax notices that I came to realize that the house was still in my name. Do I have any legal recourse now to keep the property? I am willing to pay the taxes and, having been empty for almost 3 years, it needs a lot of work, which I will do, but not if I am going to lose it.

Asked on September 26, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. If legal title to the property is still in your name, you can do what you wish to do with it such as sell it or live in it. However, if you want to keep the property, it is best to clear up all past due obligations owed upon it such as mortgage payments and property taxes.

In order to set you down the right path, it is recommended that you retain a real estate attorney to asisst you and get a preliminary title report so you will know what you are up against for monies owed upon it. The best way to start is to contact the lender that had initially obtained a writ of execution and sale and start negotiations with it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption