January 6th, 2023

Gross McGinley Attorneys Successfully Petition for a Hold in an Upset Tax Sale. What Does That Mean?

Attorneys Bob Campbell and Vic Cavacini successfully petitioned the Court of Common Pleas of Lehigh County to set aside an upset tax sale on their client’s property that had previously stripped their client of their home. The property had been sold to a developer at an upset tax sale for alleged unpaid taxes, but based on Attorney Campbell and Attorney Cavicini’s review of the relevant statutory authority and case law, were able to successfully argue that the Lehigh County Tax Claim Bureau failed to follow the proper protocols and provide adequate notice in accordance with the Real Estate Tax Sale Law. As such, the client’s title to the Property was restored.

What is an Upset Tax Sale?

Tax sales on Pennsylvania property can be a cause for concern for property owners. In Pennsylvania, property owners are responsible for paying their taxes on time, or else the property can be sold in a tax sale. This means that if a property owner fails to pay their taxes, the local government can sell the property to the highest bidder in order to recoup the unpaid taxes.

Tax sales can be a source of upset for property owners, as they can lose their property to someone else if they fail to pay their taxes. Furthermore, they may also be liable for any unpaid taxes, interest, and fees associated with the sale. In some cases, the property owner may not even be aware that their property has been sold in a tax sale until it is too late.

Fortunately, Pennsylvania law provides some protections for property owners in the event of a tax sale. For example, property owners acn to redeem their property after a tax sale by paying the amount of the sale, plus any interest and fees that have accrued. This gives property owners a chance to keep their property and avoid the potential financial and emotional hardship of losing it.

In addition, Pennsylvania law requires that the local government provide notice of the tax sale to the property owner. This notice must be sent at least 30 days before the sale, allowing the property owner to pay their taxes and avoid the sale.

The bottom line is that tax sales on Pennsylvania property can be a source of upset for property owners. However, Pennsylvania law provides some protections for property owners, such as the right to redeem their property after the sale and the requirement that they be given notice of the sale. It is important for property owners to be aware of their rights and obligations when it comes to paying their taxes on time.

The content found in this resource is for informational reference use only and is not considered legal advice. Laws at all levels of government change frequently and the information found here may be or become outdated. It is recommended to consult your attorney for the most up-to-date information regarding current laws and legal matters.