Legal Question in Wills and Trusts in Pennsylvania

can a defendant or spouse by on mortgage forclosed property in a sherriff sale?


Asked on 5/16/11, 12:53 pm

1 Answer from Attorneys

This is a real estate question not a probate question and you probably ought to consult a real estate attorney.

I have not researched the PA foreclosure laws in depth, but I cannot find any prohibition per se. However, it might be surprising if a lender allowed a relative or spouse of the defendant to bid at a sale. Even assuming that it is possible, this raises questions. Why would this occur? The defendant has the right to cure any default. Why not get the money and avoid the sale?

And even if one's spouse can bid, there is the possibility of a deficiency judgment against the defendant. Will the defendant file bankruptcy if deficiency is sought? Moreover, is the spouse or relative prepared to pay for the home?

In PA, mortgage foreclosures are strict. Has the defendant gone through the court process already? If not, then I would seek out a real estate lawyer specializing in the defense of foreclosure actions to make sure that the law is strictly complied with. If no other options remain, has the defendant considered fili g bankruptcy?

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Answered on 5/16/11, 2:55 pm


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