Jefferson Township is inapposite. Such notice shall set forth (1) the purposes of such sale, (2) the time of such sale, (3) the place of such sale, (4) the terms of the sale including the approximate upset price, (5) the descriptions of the properties to be sold as stated in the claims entered and the name of the owner.72 P.S. At the hearing, the property owner testified that she lived at the Ohio address listed in the tax claim bureau's records. Likewise, in Steinbacher v. Northumberland County Tax Claim Bureau, 996 A.2d 1095 (Pa. Cmwlth. Jeff is the son of James Easter, the . endobj Koldjeski explained that [he] didn't think there was a need because he did not find that Grudsky was registered to vote anywhere in the Commonwealth. N.T. In its ruling, the trial court judge relied upon an opinion issued by an appellate court in Pennsylvania in which we represented another client in setting aside a sheriffs sale initiated by the city government in Philadelphia. endobj The Court notes that if either party files an appeal, the parties are to maintain . At the subsequent hearing, we presented the testimony of our clients and their former attorney in support of the arguments we made in the petition to set aside the sheriffs sale. Sabine A. Yantorn's (Taxpayer) Petition to Set Aside Upset Tax Sale (Petition to Set Aside). [Counsel] When you say we, who owns that property? Commonwealth Court of Pennsylvania. Finally, in Perma Coal-Sales, Inc., the Commonwealth Court overturned a decision of the trial court and directed that an upset sale be set aside where the property was owned by a corporation and mailed notice was sent to the corporations registered address but was signed for by an individual who had no apparent authority to accept mail on behalf of the corporation. He and his family last visited the property in the summer of 2014 and use[d] the trailer[. we immediately filed a petition to set aside the sheriffs sale with the Philadelphia County Court of Common Pleas. 2006). The property owner testified that she owned two other properties in Erie, and assessment records for those properties listed her sister's residence in Erie as the address for all notices. Grudsky did not appear at the hearing, and the trial court awarded Robles title to the trailer, which he has repaired. Act of July 7, 1947, P.L. The tax claim bureau sent taxpayer a second notice, but its file did not document that it took any additional efforts to discover taxpayer's whereabouts. When our clients, the owners/operators of a family-run auto parts and repair shop in South Philadelphia, were notified by the city government that they were delinquent on the real estate taxes they were understandably confused and concerned. What are the notice requirements of the upset tax sale law? And because the the Courts require strict adherence to Notice requirements, property owners who have lost property to tax sales have recourse to have tax sales set aside. Stay up-to-date with how the law affects your life. Bartzella Itoh Peony $39.99 $79.99. . 2018 . 2011 . 7348 (November 26, 2022). Because we reverse, we need not address Grudsky's second claim of error, i.e., that Koldjeski's failure to document the date of his searches of court records invalidates the tax sale. The Commonwealth Court elected to have the appeal heard. 3 0 obj Also on cross-examination, Koldjeski stated that he documented his search efforts with handwritten notes in the file, albeit without dates. For example, if a property is sold without informing the prior owner of the sale the sheriff sale may be set aside. <>>> It may be worthwhile to file the petition to set aside sheriff sale. Pursuant 53 P.S. 236; Pub. When such reasonable efforts have been exhausted, regardless of whether or not the notification efforts have been successful, a notation shall be placed in the property file describing the efforts made and the results thereof, and the property may be rescheduled for sale or the sale may be confirmed as provided in this act. Commonwealth Court of Pennsylvania. Due to the delinquency on account of the property, a sheriffs sale was scheduled for the property unless the tax arrearage was appropriately dealt with. Attorneys Bob Campbel l 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. 72 P.S. It followed precedent, most notably Steinbacher, 996 A.2d 1095, where this Court held that all the specific searches listed in Section 607.1 of the Tax Sale Law must be done even where they would not produce an alternate address. Colins ultimately concluded that, while it could be argued that the filing of the affidavit of service by the sheriff of Philadelphia under the presumption of regularity establishes prima facie evidence that the property was, indeed, posted, under Section 39.2 of the act, evidence of mere posting is insufficient. Donofrio v. Northampton County Tax Claim Bureau, 811 A.2d 1120, 1122 (Pa. Cmwlth. That information or lack thereof did not excuse the Tax Claim Bureau. There are several different kinds of tax sales. Those additional efforts shall include, but not necessarily be restricted to, a search of current telephone directories for the county and of the dockets and indices of the county tax assessment offices, recorder of deeds office and prothonotarys office, as well as contacts made to any apparent alternate address or telephone number which may have been written on or in the file pertinent to such property. 72 P.S. The email address cannot be subscribed. Unpub. Philadelphia, PA 19109. If additional search and inquiry does not produce an address for the owner, the clerk must make an affidavit detailing the steps taken to ascertain the owners address. <>stream It is clear now that such an affidavit of service must specifically set forth that the posting is being made on the most public portion of the property and include such basic information as the time and date of the posting. We received some kind of letter that it was sold already and we were to come to court, but we couldn't come in time. 2015). Setting aside sale. For information, contact 877-257-3382, reprints@alm.comor visit www.almreprints.com. Wally enjoys working with the owners of the businesses he represents because they tend to be entrepreneurs and all around interesting people. The trial court found that 3089 Brighton 6th Street, Brooklyn, New York was Grudsky's proper mailing address. <> 46. 2006). at 164. 72 P.S. If those taxes are not paid the City will enter a judgment against the property owner. Looking for answers and attorneys that could help with this extremely fraught situation, our clients retained our services to attempt to set aside the sheriffs sale of the property. Ct. 2009) . Our firm answers all incoming calls from clients, at all hours, and strives to promptly resolve your legal issue. N.T. What can we do to help you achieve your goals? Official Note This Court set aside the sale for the reason that the Tax Sale Law mandates a reasonable search even where the first notice was sent to the correct address. In Philadelphia, tax foreclosure proceedings are governed by the Municipal Claims and Tax Lien Act, 53 P.S. 9 0 obj Adopted March 30, 1960, effective November 1, 1960. Id. Contact the real estate law attorneys at Curley & Rothman, LLC by calling 610-834-8819 today to schedule your free consultation. 111 in Eagle Lake, Covington Township, Lackawanna County, for $16,490, and placed her son, Michael Grudsky, on the deed as joint owner. Our clients attorney at the time did not arrive back to his office until the following day after the property was already sold at the sheriffs sale for a significant sum. Maya did not announce a new principle. Even after accounting for inflation, consumers spent their after-tax . He explained that after purchasing the property at the upset sale, he petitioned the trial court for title to a trailer on the property. 5860.602(a). Unregistered voters are permitted to possess telephones. AND NOW, this 8th day of June, 2017, the order of the Court of Common Pleas of Lackawanna County, dated August 3, 2016, denying Michael Grudsky's Petition to Set Aside the Upset Tax Sale is REVERSED and the September 29, 2014, sale of Michael Grudsky's property is hereby SET ASIDE. IN RE: UPSET TAX SALE OF SEPTEMBER 29, 2014 Michael Grudsky, Appellant v. Lackawanna County Tax Claim Bureau and George Robles. The first is called an Upset Tax Sale and takes place on the second Monday of September. 5860.602. [Counsel] What address is the 3089 Brighton 6th Street address? Grudsky's absence from the Pennsylvania voter registration rolls is meaningless. After the deed is recorded the sale is considered final and the court may lose authority to set aside the sale. Additionally, the City of Philadelphia is required to serve the prior owner pursuant to Pennsylvania Municipal Claims and Tax Liens Act (MCTLA), 53 P.S. A pardon is a formal forgiveness granted by the Board of Pardons. The property owner then petitioned to set aside the tax sale, asserting the notice of sale was the first and only notice she ever received. 1607 C.D. Copyright 2023, Zimolong Law, LLC All Rights Reserved. Because Koldjeski did not find an alternate address, the Tax Claim Bureau sent a second notice to Grudsky at the same Brooklyn address by regular mail; it was not returned by the U.S. 97, 99, 498 A.2d 57, 58 (1985)(holding that the Personal Addressee Only requirement applies to equally to partnerships.) If you have additional questions or concerns regarding the tax sale process in Pennsylvania, contact an experienced Conshohocken, Pennsylvania real estate law attorney as soon as possible to discuss your options. Copyright The Law Offices of Mark D. Copoulos. 3 0 obj <> Colins stated that Philadelphias failure to perfect service by first-class and certified mail made compliance with the posting mandate under the act all the more important. Document Cited authorities 10 Cited in Precedent Map Related. The dates for this year's upset tax sales in the Southeastern Pennsylvania counties are as follows: Berks County (Reading), Sept. 26 - 9:30 a.m. The two trials of John Fries, on an indictment for treason; together with a brief report of the trials of several other persons, for treason and insurrection, in the counties of B Although certified letters are delivered to the house, she was not at home during regular delivery hours. If you are a prior owner the court may allow you to intervene and file the petition to set aside. All rights reserved. In support, it cites In re Tax Sale of Real Property Situated in Jefferson Township, 828 A.2d 475 (Pa. Cmwlth. On March 16, 2018, Park filed a Petition to Intervene. A party has standing pursuant to Pa.R.C.P. Justia US Law Case Law Pennsylvania Case Law Pennsylvania Commonwealth Court Decisions 2019 In Re: ition to Set Aside Upset Tax Sale ~ Appeal of: C. Hansford Receive free daily summaries of new opinions from the Supreme Court of Pennsylvania . At issue in this appeal is the September 29, 2014 upset . In particular, Colins noted that the affidavit does not include the date, time, or place of posting or any other information concerning the property or its posting. Furthermore, Colins highlighted that the record did not contain any testimony from the representative from the sheriff of Philadelphia who so posted the property with the citys petition and the rule. A motion to set aside sheriff sale is a legal basis to recover properties sold at auction. (1) Petition for adjudication of local agency (2) Petition for appointment of CPA as auditor (3) Petition for appointment of private police officer (4) Petition for appointment of a receiver (5) Petition for approval of bond (6) Petition to approve increase in municipal tax levy (7) Petition for attachment of bank accounts Grudsky contends that the Tax Claim Bureau did not make reasonable efforts to discover his whereabouts because it did not make a search of current telephone directories for the county 72 P.S. Regarding statutorily required mailed notice, the Tax Sale Law requires that at least thirty (30) days before the date of the sale, by United Statescertified mail, restricted delivery, return receipt requested,postage prepaid, to each owner as defined by this act. 72 P.S. , Brooklyn, New York was grudsky 's proper mailing address reprints @ alm.comor visit.. Bureau, 811 A.2d 1120, 1122 ( Pa. Cmwlth basis to petition to set aside tax sale pennsylvania... 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