Sheriff's Sales & Tax Sales in Bucks County

When a homeowner defaults on a mortgage, a judgment, or property taxes, the creditor's ultimate remedy is a forced sale of the property — either a sheriff's sale (for mortgage foreclosures and judgment executions) or a tax sale (for delinquent property taxes). Both are public auctions conducted by county officials, and both are governed by specific procedural rules that protect both creditors and property owners.

Sheriff's Sales (Mortgage Foreclosure)

In Pennsylvania, mortgage foreclosure is a judicial process — the lender must file a lawsuit, obtain a judgment, and then request the sheriff to sell the property. There is no "power of sale" foreclosure in Pennsylvania. This gives homeowners significant due process protections.

The timeline from default to sale typically runs 12–18 months, though it can be shorter or longer depending on the case. Key steps include:

1. Act 91 Notice (30 days): Before filing suit, the lender must send a notice under Act 91 of 1983, informing the homeowner of the default and the right to apply for assistance through a housing counseling agency.
2. Complaint in Mortgage Foreclosure: The lender files suit in the Court of Common Pleas. The homeowner has 20 days to respond.
3. Judgment: If the homeowner does not respond or loses the case, the lender obtains a judgment.
4. Writ of Execution: The lender requests the court to issue a writ directing the sheriff to sell the property.
5. Sheriff's Sale: The Bucks County Sheriff's Office conducts public sales on a regular schedule. Properties are listed in the Bucks County Law Reporter and posted at the courthouse.

Homeowner Protections

Right to cure: Under Act 6 of 1974, a residential mortgage debtor has the right to cure the default by paying all past-due amounts (plus costs and fees) at any time up to one hour before the sheriff's sale. This right can be exercised up to three times during the life of the mortgage.

Act 91 conciliation conference: Bucks County participates in the court-supervised mortgage foreclosure conciliation program, where a neutral mediator works with the homeowner and lender to explore loss mitigation options (loan modification, forbearance, short sale) before the case proceeds to judgment.

Homestead exemption: Under the federal Bankruptcy Code (11 U.S.C. § 522), Pennsylvania debtors can exempt equity in their primary residence. However, this exemption is limited and does not prevent a mortgage foreclosure — it primarily protects equity in bankruptcy proceedings.

Deficiency judgments: If the property sells at sheriff's sale for less than the debt, the lender may seek a deficiency judgment against the borrower for the difference. The borrower can petition the court to set the fair market value of the property and limit the deficiency accordingly (42 Pa.C.S. § 8103).

Tax Sales

Delinquent property taxes in Bucks County are handled by the Bucks County Tax Claim Bureau. The process follows the Real Estate Tax Sale Law (72 P.S. § 5860.101 et seq.) and proceeds through several stages:

1. Upset sale: The first sale, conducted annually. The minimum bid is the total amount of delinquent taxes, penalties, interest, and costs. Tax liens survive the upset sale — the buyer takes the property subject to existing liens. This sale is subject to a 90-day right of redemption.
2. Judicial (free and clear) sale: If the property doesn't sell at upset sale, the Tax Claim Bureau can petition the court for a judicial sale. A judicial sale extinguishes all liens — the buyer gets clean title. The court must find that proper notice was given to all interested parties before approving the sale.
3. Repository sale: Properties that don't sell at judicial sale go into the repository. These are sold at deeply discounted prices, and the sale must be approved by the taxing bodies.

Buying at Sheriff's Sale or Tax Sale

These sales attract investors, but they carry significant risks:

• Sheriff's sales are sold as-is — no inspections, no disclosures, no warranties. You cannot enter the property before the sale.
• At sheriff's sale, you must pay a deposit (typically 10%) on the day of sale and the balance within a specified period.
• Tax liens, municipal liens, and other encumbrances may survive a sheriff's sale — a title search before the sale is essential.
• The former owner or tenant may still occupy the property. Eviction is a separate legal process.
• Title insurance may be difficult or impossible to obtain on sheriff's sale properties.