Legal Question in Real Estate Law in Pennsylvania
sherrif sales in PA
if we purchase a home at a sherrif sale do we get a free and clear title?
1 Answer from Attorneys
Re: sherrif sales in PA
You asked if a person gets a free and clear title after purchase at a sheriff's sale.
Generally the sheriff's sale only relieves the liabilities of the lienholders that are party to the sheriff's sale.
This means that if the sale is due to taxes owed and the mortgage holder does not participate that the mortgage holder still has a lien on the property. There also may be other claims outstanding such as a clouded title, builder or mechanic's liens, etc.
Further, the original owner often has a right of redemption in that may allow them to reclaim the property. Generally the purchasor is well protected for the amount the property was purchased for plus interest but it may not always cover any improvements to the property.
Sheriff's sales are a great way to acquire property but they require a high tolerance for risk and also good research into what is actually being purchased.
Do your research and arm yourself with a good local real estate attorney and real estate agent.
Regards,
Roger