Sheriff Sale of Real Estate FAQ's
- What is a Sheriff Sale?
- Where are Sheriff Sales held?
- How can I determine if a property will be sold?
- May I see the property I am interested in?
- What stops a Sheriff Sale?
- Can a sale be postponed?
- When do the sales take place?
- How much does it cost to bring a property to sale?
- What method of payment is accepted if I purchase a property?
- How can I determine the amount of money the property will be sold for?
- Is any property research required before the Sale?
- Conditions of Sale
- Deeds
- Distribution
- Staying a Writ
- Sheriff's Poundage
- General Information
- Definitions and Useful Terms
What is a Sheriff Sale?
An execution on a judgment that may be taken on real estate to satisfy a debt.
This is NOT a Tax Sale, which is the responsibility of the Dauphin County Tax Claim Bureau. You may contact them at the Tax Claim Bureau.
Where are Sheriff Sales held?
There are 4 regularly scheduled sales on the court calendar each year. These sales are held in the Dauphin County Administration Building, corner 2nd and Market Streets in Harrisburg, PA , 4th floor, Commissioners Hearing Room, and begin at 10 AM.
There are also 4 continued sales which are scheduled midway between regular sales. These sales are held in The Dauphin County Court House Lobby at 10 AM.
How can I determine if a property will be sold?
Thirty days prior to sale, a listing is posted in the Sheriff's Office which may be viewed, or you may obtain a list in the MIDDLETOWN PRESS & JOURNAL and the DAUPHIN COUNTY REPORTER.
These are published three consecutive weeks, prior to sale.
May I see the property I am interested in?
Neither the Sheriff nor the mortgage company has physical access to these properties. They are owned by the debtors until they are sold on the day of sale and are not open for public viewing.
The sale can be stopped by (1) the writ being stayed; i.e., all proceedings involving the sale are stopped; (2) a court order; (3) bankruptcy being filed.
Can a sale be postponed?
When a sale is postponed, it may be to our Continued Sale date or the next regularly scheduled sale, within 100 days. For this reason, it is important to know the ORIGINAL sale date and sale number. Occasionally, a sale may be postponed more than once. If this occurs, the sale still maintains is original sale date and number.
When do the sales take place?
The sales are always scheduled on a Thursday, at 10 AM.
How much does it cost to bring a property to sale?
The cost is $1,500 deposit, which is required for sheriffs costs and advertising.
What method of payment is accepted if I purchase a property?
If you are the successful purchaser, payment in the full amount of your bid MUST BE PRESENTED in the Sheriff's Office, Room 104 of the Court House - BY 2 PM on the day of sale, in the form of cash, Certified bank check or money order.
No personal checks are accepted. If payment is not presented at 2 PM, the property is again re-auctioned at 3 PM in the Sheriff's Office and you are held liable for the deficiencies of the sale.
How can I determine the amount of money the property will be sold for?
The attorney who represents the mortgage company or judgment holder determines the amount they are seeking. This is his upset price, which he may or may not disclose at the sale. The Sheriff does not know this amount.
Is any property research required before the Sale?
The Sheriff guarantees no free-clear title to any property, which means, if you purchase the property, any liens that follow the property may be your responsibility. It is our experience that most third-party bidders utilize an attorney to help them prior to sale.
Conditions
of Sale
The Highest and best bidder shall be the buyer.
Terms - The purchaser will be required to pay the full amount of his bid by TWO O'CLOCK PM on the day of sale, and if complied with, a deed will be tendered by the Sheriff at the next Court of Common Pleas for Dauphin County, conveying to the purchaser all the right, title, interest and claim which said defendant has in and to said property at the time of levying the same.
ALTHOUGH NOT PART OF THE MINIMUM BID, PROPERTY SOLD FOR THE MINIMUM BID DOES NOT DISCHARGE DELINQUENT AND/OR OUTSTANDING TAXES AND THE PURCHASER WILL BE RESPONSIBLE FOR SAME.
If above conditions be not complied with on the part of the Purchaser, the property will again be offered for sale by the Sheriff at THREE O'CLOCK PM on the same day in the Sheriff's Office, Room 104 of the Court House. The said purchaser will be held liable for the deficiencies and additional cost of said sale.
Jack Lotwick, Dauphin County Sheriff
A Condition of Sale Sheet will be provided so you may indicate to whom you wish the Deed struck.
It is our usual practice to prepare deeds as soon as possible after sale, depending on workload. If there is bidding on a property and it is sold for an amount higher than the opening bid (which is the total ONLY of Sheriff's Costs and Advertising) a Title Search is ordered and a Distribution sheet must be prepared and posted in this office for 10 days, after which a distribution of any funds is made.
The Recorder requires two (2) Tax Statement of Value Certificates ( at least one of which must be an original) and must reflect the Book and Page number. The Recorder also requires a self-addressed, stamped envelope. Your deed will not be recorded without this paperwork.
Exceptions to a sale of property may be filed within ten (10) days after the sale. If no exceptions are filed, the Sheriffs Deed may be recorded in the name of the purchaser. A schedule of distribution of the proceeds will be prepared within thirty (30) days. Money is paid in priority order to creditiors unless objections to the schedule are timely filed.
In order to STAY a Writ of Execution, the attorney is required to advise the Sheriff, in writing, if the mortgage company or attorneys office received any money in consideration of the Stay. If money was received, the Sheriff is entitled to 2% of that total for poundage.
The Sheriff receives poundage on each sale. This amount is 2% of the bid price up to an amount of $250,000. After $250,000, the poundage is calculated at 1/2% of the remaining amount.
After the sale, the attorney filing the judgment can determine whether he owes the Sheriff money or if he will receive a refund. Calculate this as follows: You have paid the Sheriff a deposit of $1,500. If the property is sold for minimum bid, (the total of Sheriff's costs and Advertising) multiply the bid price by 2% and add the total of the minimum bid. If this amount is less than your deposit, you will receive a refund; if it is over the deposit amount, you will be sent an invoice for the balance due.
General Information
Deputies and employees of this office are unable to offer any legal advice.
When requesting informatino, you must provide the defendants name or sale number; this office does not file by property address.
Payment by personal check for any matter in this office, is NOT accepted.
The Dauphin County Bar Association website lists Sheriff's Sale of Real Estate. Contact them at www.dcba-pa.org.
Continuance - The attorney of record may request the sale continued to a later date.
Poundage - Similar to a "commission" charged by the Sheriff's Office on the sale of real estate.
Precipe for Writ of Execution - Mortgage Foreclosure - A request for the Prothonotary to issue a writ of execution/judgment on real property, pursuant to PA RCP 3180-3183.
Stay - Term used when a sale is stopped. This means the attorney will have to start the action over again in the event he wishes to proceed at a future date.
Upset Price - The highest amount the attorney of record is prepared to bid for his client. The Sheriff does not have this figure.
Writ of Execution - A document issued by the Prothonotary directing the Sheriff to execute on a judgment.
