Seller guide

Mortgage foreclosure sale vs tax sale: they are not the same

A mortgage foreclosure sale happens after a lender's court case; a tax sale happens because property taxes went unpaid. In Pennsylvania they can involve different offices, notice rules, timing, redemption rights and treatment of any surplus. Find out which applies to you before acting, and ask a lawyer about your specific case.

Who runs each sale

Mortgage and other judgment sales are generally conducted by the county Sheriff. In several suburban counties, tax sales are run by the Tax Claim Bureau. Philadelphia handles delinquent tax collection through City processes and Sheriff sales.

Different rules

Notice requirements, redemption rights and timelines differ. A rule you read about for one may not apply to the other. We do not generalize redemption rights.

Other judgments

Creditors with other court judgments can sometimes force a sale. Those also have their own process.

Surplus differs too

Whether money remains after a sale, and who is entitled, depends on the sale type and court process. Rule 3136 addresses distribution after sheriff sales; tax-sale distributions follow tax-sale law.

How to find out which you face

Read the notice: it names the office and the reason. Call that office to confirm status.

Why mixing the rules is risky

Homeowners sometimes read about a program or right that applies to mortgage foreclosures and assume it covers a tax sale, or the reverse. County mortgage diversion programs, for example, are built around mortgage complaints. Acting on the wrong rules can cost time you may not have. Confirm which sale type you face first, and ask legal aid or a lawyer what applies.

Comparing sale types
QuestionMortgage foreclosure saleTax sale
Triggered byLender's court caseUnpaid property taxes
Typical officeSheriffTax Claim Bureau (suburbs) / City processes
RulesCivil procedure, foreclosure lawTax-sale law
Assume same rules?NoNo

Questions people ask

Can a house face both?

Yes. Mortgage and tax delinquencies can exist together.

Do I have a right to redeem after a tax sale?

It depends on the type of sale and law; ask a lawyer.

Who do I call in Delaware County for a tax sale?

The Tax Claim Bureau, (610) 891-8294.

Does Act 91 apply to tax sales?

Act 91 relates to certain mortgages, not tax sales.

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