Legal Question in Real Estate Law in Pennsylvania
Who comes first?
A friend holds the mortgage on an ex-friends house.After 4 years no payments have been made, my friend feels others have also not been paid including local, state, federal, and even social security. Who comes first?
2 Answers from Attorneys
Re: Who comes first?
when the Sheriff sells the property in a foreclosure action, the real estate taxes get paid first.
Re: Who comes first?
The question you ask has many ramifications and you need to consult an attorney. For your information prior to foreclosing on a mortgage in Pennsylvania certain notices of intention to foreclose must be given.Real estate taxes and municipal liens have priority over the mortgage. If federal or state income taxes have not been paid after the mortgage was filed the state and IRS will have filed a lien. In such a case the earlier mortgage has priority. However, in a mortgage foreclosure action the United States has to be named as a party in order to discharge their lien even though it has a less priority. Be very careful and consult an attorney before doing anything. I strongly urge a mortgage foreclosure action if there has been no payments. But again the entire facts must be reviewed by a competent attorney who is familar with the proper procedures.
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