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§ 5860.612. Hearing and order for judicial sale

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: January 28, 2005

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 4. Local Taxation (Refs & Annos)
Delinquent Taxes in Counties, Cities of Third Class, Boroughs, Etc. (Refs & Annos)
Article VI. Sale of Property (Refs & Annos)
(b) Judicial Sale
Effective: January 28, 2005
72 P.S. § 5860.612
§ 5860.612. Hearing and order for judicial sale
(a) If upon hearing, the court is satisfied that service of the rule has been made upon the parties named in the rule, in the manner provided by this act, and that the facts stated in the petition are true, it shall order and decree that said property be sold at a subsequent day to be fixed by the court, freed and cleared of all tax and municipal claims, mortgages, liens, charges and estates, except separately taxed ground rents, to the highest bidder, and that the purchaser at such sale shall take and thereafter have an absolute title to the property sold free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Out of the proceeds of such sale shall be paid the costs set forth in the upset price at the prior sale, and the additional costs incurred relative to this sale, including the fee for title search. The court order may specify that no sale shall be made except to the county unless a bid equal to such costs is offered. The remainder of said proceeds shall be distributed by the office designated by the county commissioners under section 205.1 After the purchaser shall have paid over the purchase price, the bureau shall make and deliver a deed in the manner hereinbefore provided.
(b) When aforesaid petition for sale is presented within three (3) months after the date of the scheduled upset sale, the court, in its order, shall direct that no further advertisement is required. In cases where said petition is presented after the three (3) month period has expired, the court shall, in its order fixing a subsequent sale, direct that the readvertisement of such sale need not be published three (3) consecutive weeks, nor include a list and description of the lands to be sold, but need only be advertised by one (1) insertion in one (1) or two (2) newspapers as hereinbefore provided for such advertisements, at least thirty (30) days prior to the sale, and include the purpose, the time, the place and the terms of such sale with a reference to the prior advertisement.
(c) In any such petition for sale, the bureau may, if it deems the same advantageous, request the court to fix the place of sale at the property to be sold, and if the court is convinced the taxing districts interested will be benefited thereby, it shall order the sale to be held on the property to be sold.
(d) The court may fix a common date and place of sale for more than one property to be sold.

Credits

1947, July 7, P.L. 1368, art. VI, § 612. Amended 1951, May 16, P.L. 308, § 1; 1959, Nov. 19, P.L. 1513, § 5; 1969, July 10, P.L. 146, § 2; 1986, July 3, P.L. 351, No. 81, § 35, effective in 30 days; 2004, Nov. 29, P.L. 1296, No. 161, § 1, effective Jan. 28, 2005.

Footnotes

72 P.S. § 5860.205.
72 P.S. § 5860.612, PA ST 72 P.S. § 5860.612
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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