Legal Question in Bankruptcy in Pennsylvania

Sheriff sale without prior notification

My wife and I have filed for bankruptcy. We own a house and do not intend to keep it. The bank has filed for, and was granted a relief of stay. They had initially began foreclosure and sent notification of a sheriff sale in mid July for a sale in August. The sale was stopped because of the bankruptcy and they were granted a stay on 8/14. No further notices were sent indicating a rescheduling of the sheriffs sale. On 9/11 a representative from the bank came to the house and asked when we would be moving. I asked about the sheriff sale and he said it took place on 9/10. Is this legal to reschedule the sale and not notify us again?


Asked on 9/12/01, 8:20 pm

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Sheriff sale without prior notification

In Pa, it is permissible to simply postpone a sheriff's sale once and no new notice need be given. The trick from the mortgage company's perspective is to obtain a relief order before the next sale date which it apparently did.

I trust this has been helpful, but feel free to call or e-mail with further questions.

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Answered on 10/29/01, 12:10 pm


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