Legal Question in Real Estate Law in Pennsylvania

should upset sale get the priority?

I bought a home in upset sale, one month later the same house was sold in sheriff sale as mortgage foreclouser. with in the time frame of 10 days later I objacted the sale. According to the law I know I am responsible for previous existing mortgage lien. I offered the mortgage company to pay the balance of the mortgage amount. But the company rejected the offer.

My question, Which sale sould get the priority? Should I be responsible for all interest on unpaid mortgage, all penalties and cost ? Please help me.


Asked on 5/25/07, 1:33 am

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: should upset sale get the priority?

Did you receive notice 30 days notice of the mortgage sale? If so, the sale was legitimately scheduled and you no longer own the property. Therefore, they can sell it as they wish at whatever price they wish.

If you were not given notice of the sale, there could be a basis to challenge it.

I trust this answers your question but feel free to call or E-mail on a free initial basis.

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Answered on 5/25/07, 5:49 pm


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