The information provided below is of a general nature. It is intended to give prospective purchasers of tax delinquent properties some understanding of how the purchase process for Judicial Sales works, and what a purchaser may expect to occur if a property is purchased. This information is not to be construed as an exhaustive treatment of all intricacies of the tax sale law, nor should it be taken as an answer to any property specific question which a prospective purchaser may have. Hopefully, those who read this information will have a better idea of how the purchase process works. However, it is strongly recommended that if the reader should have any questions not sufficiently answered by the information provided, he or she should consult an attorney.
Tax delinquent properties that were previously exposed to sale at the Upset Sale, for which an insufficient bid was received, are offered for sale again at a Judicial Sale. These properties are advertised for sale in newspapers and the sale is conducted by the Delaware County Tax Claim Bureau ("the Bureau") pursuant to the Real Estate Tax Sale Law and conditions of sale established by the Bureau.
In the Judicial Sale, the properties are generally sold to the highest bidder, regardless of the amount of unpaid delinquent taxes. Each property is sold free and clear of mortgages and liens, as long as mortgage and lien holders receive proper notice of sale.
Prospective purchasers should be aware of the following:
The fact that a property is advertised for sale in the newspaper does not always guarantee that the property will be exposed for sale on the day of sale. For example, many delinquent owners pay their back taxes before the sale date, at which point their properties are taken off the sale list. In addition, delinquent owners sometimes secure court orders to stay the sale. Those properties are also removed from the sale list. The sale of these properties may be continued to a later date.
Even if a property is purchased at the sale, the delinquent owner still has the right to go to court to contest the sale of his or her property. Frequently, delinquent owners claim that they failed to receive proper notice of the sale. If the court finds this is true, the sale is set aside, and the purchaser gets his/her money back.
Prospective purchasers at tax sales should be aware that they could consult with an attorney prior to the sale to get more detailed information concerning what they may expect in purchasing properties. Of key importance is to learn the rights of tax delinquents to challenge the sales in court.
If you are interested in bidding on a property at the Judicial Sale, please do the following:
1. At any point after the Court orders that the Judicial Sale will be held, obtain a list of properties scheduled for the Judicial Sale. This list is published in The Chester Spirit and The Delaware County Legal Journal. Registration information, including dates of registration, is also published along with the list. The lists are published at least 30 days before the sale. The Bureau also maintains a desk copy of the list that will be available for review.
2. For the Continued Judicial Sale, a desk copy of properties is generally available 30 days before the continued sale date.
3. The Judicial Sale usually occurs in early May, with continued Judicial Sale dates in early September and early December. The exact time and date of sale will be published on the County website, or you can telephone the Bureau at (610) 891-4284 to get this information.
4. Registration will generally take place two to three weeks prior to the scheduled sale dates. The exact time and date of registration will be published on the County website, or you can telephone the Bureau at (610) 891-4284 to get this information.
5. You MUST print out and complete the Bidder Application, Bidder Affidavit which must be notarized, and Conditions of Sale (links below) prior to registration. If these forms are not complete at the time of registration, you will not be permitted to register. Only the Bidder Affidavit needs to be notarized. A non-refundable application fee of $25.00 is due at time of registration. Application fee must be paid by certified check, money order or cash. We additionally accept Visa, MasterCard or Visa and are subject to a 3% convenience fee.
6. The registration fee is $1,000.00 and must be paid with a certified check or money order. In order to register to bid, you may not have delinquent taxes in Delaware County or any taxing district in the Commonwealth of Pennsylvania. Current photo ID required at time of registration.
7. Know the address and folio number of all properties in which you have an interest. You are free to bid on more than one property if you so desire. The Bureau will sell the property as described by the Board of Assessment Office and makes no representation or warranty as to description, condition of the property, accuracy of ownership, size, boundaries, locations, existence of structures or lack thereof, title, occupancy or any other matter pertaining to said premises, recorded or unrecorded. Please make sure you have checked with the Assessment office and GIS (Geographic Information System) aka mapping. You must not rely on any Google type searches for accuracy of location of property or any structure that may or may not be there.
8. The bidding begins when each property is called and identified by the auctioneer on the date of sale.
9. If you are successful in your bid, employees of the Bureau will assist you in following through with the purchase process. Prior to leaving the Courthouse after the sale, you must visit Tax Claim to pick up paperwork needed to obtain correct amounts/payees for individual checks required. Payment in full is due by noon the day after the sale for all sales. You must finalize on all sales or you do not get to finalize on any. Failure to finalize on any sale will result in forfeiting your $1,000.00 registration fee and being debarred from future sales for five years. If you purchase a property from the May Judicial Sale, you are required to pay school tax for that year.
Bidder Application
Bidder Affidavit
Conditions of Sale - Judicial
Disclaimer: Note that action taken by a property owner, the Courts, Government Agencies and/or the Tax Claim Bureau may result in deleting a listed property from the JUDICIAL SALE at any time.
The office is unable to answer questions concerning the location and/or condition of the properties or give legal advice. You can navigate the County website for various property information. Other questions about Pennsylvania Real Estate Tax Sale Laws can be researched in a Pennsylvania library or by contacting a Real Estate attorney. It is a buyer beware sale and ALL SALES ARE FINAL.