Foreclosures in Pennsylvania - Revision history

Josephdebarberie: /* Federal Tax Liens filed during Mortgage Foreclosure Action */

2026-03-13T20:09:33Z

‎Federal Tax Liens filed during Mortgage Foreclosure Action

2022-06-08T14:13:50Z

‎CARES Act

2022-01-28T19:36:19Z

2022-01-27T20:43:52Z

‎Post Sheriff's Sale

2022-01-27T20:40:04Z

‎Bankruptcy

2022-01-27T20:30:12Z

‎Local

2022-01-27T20:21:02Z

‎State

2022-01-27T20:17:18Z

‎FHFA Foreclosure Moratorium

2022-01-27T20:17:04Z

‎Federal

2022-01-27T20:12:19Z

‎Writ of Execution and Notice of Sheriff's Sale

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 ====Federal Tax Liens filed during Mortgage Foreclosure Action====
-If a federal tax lien is filed during a mortgage foreclosure action, the action will divest the lien according to local law. See [https://www.law.cornell.edu/uscode/text/26/7425 26 USC § 7425]; Tres. Reg. § 301.7425-1(c); [https://www.irs.gov/irm/part5/irm_05-017-005#idm139671782209712 Internal Revenue Manual 5.17.5.19.1]). Therefore, the procedure of 28 USC § 2410 does not need to be followed. However, Notice of the Sheriff's Sale must still be sent as though the federal tax lien were like any other junior lien on the Property.
+If a federal tax lien is filed during a mortgage foreclosure action, the action will divest the lien according to local law. See [https://www.law.cornell.edu/uscode/text/26/7425 26 USC § 7425]; Tres. Reg. § 301.7425-1(c); [https://www.irs.gov/irm/part5/irm_05-017-005#idm139671782209712 Internal Revenue Manual 5.17.5.19.1]; IRM 5.17.2.8.2.2). Therefore, the procedure of 28 USC § 2410 does not need to be followed. However, Notice of the Sheriff's Sale must still be sent as though the federal tax lien were like any other junior lien on the Property.
 == COVID-19 Moratoria ==

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 See [https://wfgunderwriting.com/wp-content/uploads/filebase/national/bulletins/NB%202021-02%20CARES%20Act%20Moratorium%20on%20Foreclosures%20%E2%80%93%20Insuring%20Foreclosed%20Properties,%20CARES%20Act,%20Foreclosure%20Moratorium,%20Eviction%20Moratorium,%20State%20and%20Local%20Moratoriums.pdf WFG Underwriting Bulletin NB 2021-02 (March 12, 2021)]<br>
 <br>
 ==== CFPB Final Covid Rule ====
 '''August 1, 2021 - January 1, 2022'''

← Older revision		Revision as of 19:36, 28 January 2022
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	<br>		<br>
	See [https://www.courts.phila.gov/covid-19/ Admin. Orders 18, 20 of 2021].		See [https://www.courts.phila.gov/covid-19/ Admin. Orders 18, 20 of 2021].
		+
		+	==Cross Reference==
		+	For Sheriff's Sales held in execution under civil money judgments that are not mortgage foreclosures, see [[Civil Money Judgments in Pennsylvania]]

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 * Chain of Assignments from Plaintiff to current owner
 * Assignment of Bid from Writ Plaintiff to current owner
-* Current owner is a government-sponsored entity ("GSE") (FNMA, HUD, FHLMC, VA, etc.)
+* Current owner is a government-sponsored entity ("GSE") (FNMA, HUD, FHLMC, VA, etc.)<br>
 ====Bankruptcy====

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 ====Bankruptcy====
 Note: Due to the provisions of the automatic stay, any bankruptcy filing will stay a foreclosure whether or not notice is received by the foreclosure Plaintiff or their attorney. A bankruptcy filing made 10 minutes before a Sheriff's Sale starts would invalidate that sale. In such a scenario, the Sheriff's Sale should be set aside and any Sheriff's Deed stricken before a resale is held. Most foreclosure attorneys will note the time when the Sale started or when the specific property was sold. Likewise, a bankruptcy filed after the Sale was held, but before the Sheriff's Deed was recorded would stay the recording. The recording of the Sheriff's Deed is the final act of the foreclosure process.
-* No bankruptcies filed during foreclosure
+* If bankruptcies filed during foreclosure, for each bankruptcy, either stay was lifted or BK was dismissed before FC continued.
 ====Effect of Foreclosure====

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 === Local ===
 ==== Delaware County ====
 '''March 20, 2020 - April 16, 2021'''
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 <br>
 See [https://delcopa.gov/sheriff/realestate.html Orders] listed on Sheriff's website.
 ==== Philadelphia County ====

← Older revision		Revision as of 20:21, 27 January 2022
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	=== State ===		=== State ===
		+	====Governor's Executive Order====
		+	'''5/7/20-8/31/20'''
		+	*Applies to '''Act 6/Act 91 pre-foreclosure Notices'''
		+	** a) If Notice was sent during timeframe, it was considered sent on 9/1/20, so earliest date that new foreclosure Complaints could be filed was 10/5/20
		+	** b) If Notice was sent before timeframe, but would have expired during moratorium, time is added after 9/1/20 (i.e., if Notice had 10 days remaining, it would extend to 9/11/20).
		+	** c) If Notice expired prior to timeframe, then action could proceed 9/1/20 subject to judicial and local orders.
		+	*Does not apply to foreclosures already filed
		+
		+	====Supreme Court Judicial Emergency====
		+	'''3/19/20-6/1/20'''
		+	*Prohibits dispossession (eviction/ejectment)
		+	*Extends deadlines for filing some papers
		+	*Local Orders continue to be effective until 6/21/21

	=== Local ===		=== Local ===

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 '''3/18/20-7/31/21 (9/30/21 for evictions)'''
 *Applies to FNMA/FHLMC single-family mortgages
-*Does not apply to vacant or abandoned properties.
+*Does not apply to vacant or abandoned properties.<br>
 See FHLMC Bulletin 2021-23; FNMA Lender Letter LL-20-21-02

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 <br>
 See [https://www.consumerfinance.gov/rules-policy/final-rules/protections-for-borrowers-affected-by-covid-19-under-respa/ Final Rule under RESPA Regulation X]
 === State ===

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 * Notice of Sheriff’s Sale on Lienholders
 ** 3129.1 Affidavit filed
-** Notices sent by regular mail (with proof of mailing)<br>
+** Notices sent by regular mail (with proof of mailing)
 <br>
 * Notice of Sheriff’s Sale Generally (Applicable to all sales)
 ** Posting of handbills at Property by Sheriff