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How to Cure Title When a Notice of Sheriff Sale was not Given to a Junior Lienholder.

Posted By Cliff Tuttle | April 12, 2014

No. 1,029

Effective April 7, 2014, an amendment to Rule of Civil Procedure 3135 provides a way to fix a difficult problem.

When notice was omitted to a junior lien holder, the most common means to fix the title defect was to conduct a new sale. Most of the time, however, the junior holder had no interest in purchasing the property.

New Rule 3135 (c) provides:

“(c) If the plaintiff has failed to give notice to a lienholder, junior in lien priority to the mortgage being foreclosed upon or the judgment being executed, the plaintiff, or its assigns, or the purchaser at the sheriff’s sale may file a petition with rule to show cause requesting that:

(1) the lien held by the junior lienholder be divested, or

(2) if the plaintiff, or its assigns, is the purchaser at the sheriff’s sale, another sheriff’s sale be held in which only the junior lienholder specified in the petition may be the only bidder allowed other than the senior lienholder who acquired the property at the sheriff’s sale, or

(3) such relief as may be approved by order of court.”

Problem solved.

CLT

 

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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