Philadelphia Sheriff’s Sales Lawyer
Understanding Sheriff’s Sales in Philadelphia
For homeowners facing foreclosure in Philadelphia, the words “sheriff’s sale” can trigger fear and confusion. A sheriff’s sale is the final step in the foreclosure process when the lender sells the property at public auction to recover the unpaid mortgage balance. Once this happens, you may lose your home permanently and quickly. However, it’s important to understand that the law gives you rights before, during, and even after a sheriff’s sale. At Louis S. Schwartz, Attorneys at Law (ConsumerLawPA), we help Philadelphia homeowners fight foreclosure, delay or stop sheriff’s sales, and explore all available options to stay in their homes.
Knowing how sheriff’s sales work—and what you can do to protect yourself—is critical if you’re behind on your mortgage or already facing legal action from your lender.
What is a sheriff’s sale?
A sheriff’s sale is a public auction of a property that has been foreclosed upon. In Philadelphia, this sale is conducted by the Office of the Sheriff, typically once a month. The sale allows the lender to sell the property to the highest bidder, often a third-party buyer or sometimes the lender itself, in order to recover the outstanding balance of the loan.
Before a sheriff’s sale can take place, several legal steps must occur. The lender must file a foreclosure complaint in court and obtain a final judgment against the homeowner. Once that judgment is granted, the court issues a writ of execution authorizing the sheriff to schedule the property for sale. The sale is advertised in advance and posted publicly.
If your property is scheduled for sheriff’s sale, time is critical. There may still be options to stop or delay the process, but acting quickly is essential.
Notice and publication requirements
Pennsylvania law requires that homeowners be given proper notice before their property is sold at sheriff’s sale. The sheriff must post notice of the sale at the property, serve notice to the owner, and advertise the sale in a local newspaper. These steps are designed to give the homeowner a fair opportunity to respond and seek legal help.
If you were not properly notified or did not receive accurate information about the sale date, you may have a valid defense. At ConsumerLawPA, we investigate whether the sale followed all legal procedures. If any step was skipped or done improperly, we can petition the court to postpone or reverse the sale.
Can a sheriff’s sale be stopped?
Yes. There are several ways to stop or delay a sheriff’s sale in Philadelphia. These include:
- Reinstating the loan by paying the past-due balance
- Reaching a settlement or modification agreement with the lender
- Filing for Chapter 13 bankruptcy, which triggers an automatic stay
- Requesting a continuance from the sheriff or filing a legal motion in court
Sheriff’s sales can be stopped as late as the day before the auction, depending on the circumstances. However, the sooner you take action, the more options you have. Waiting until the last minute can limit your ability to negotiate or assert legal defenses.
Our office has helped many homeowners stop sheriff’s sales through emergency legal action, bankruptcy filings, or successful negotiations with lenders. We are prepared to act quickly and decisively when time is running out.
What happens after the sale?
If your property is sold at sheriff’s sale, the new owner (often the lender or a third-party investor) will receive a deed to the property after the sale is confirmed. At that point, you no longer own the home and may be subject to an ejectment action if you remain in the property.
However, the sale is not officially complete until the court confirms it, which may take several weeks. During this time, it may still be possible to challenge the sale or negotiate a resolution. In limited situations, you may also be able to redeem the property by paying off the judgment and related costs before the deed is transferred.
In some cases, the sale may result in a deficiency judgment, where the lender tries to collect the difference between the sale price and what you owed on the mortgage. Whether this is allowed depends on how the sale was conducted and what actions the lender takes afterward.
We help our clients understand their rights and options after the sale, including how to challenge improper procedures, negotiate for more time to move, or fight back against deficiency claims.
Avoiding sheriff’s sale altogether
The best time to act is before your case reaches the sheriff’s sale stage. Once you receive notice of foreclosure, it’s time to speak with an attorney. There may be opportunities to resolve the case through:
- Loan modification
- Mediation through Philadelphia’s Foreclosure Diversion Program
- Forbearance agreements
- Short sale or deed in lieu of foreclosure
- Payment reinstatement or repayment plans
Each of these solutions can help you stay in your home and avoid the public and financial consequences of a sheriff’s sale. Our firm works with homeowners throughout Philadelphia to identify the best strategy based on their goals, finances, and legal position.
Talk to a foreclosure attorney before your home is sold
If your home is listed for sheriff’s sale, do not wait. The sooner you contact an experienced attorney, the more options you have. At Louis S. Schwartz, Attorneys at Law, we understand how sheriff’s sales work in Philadelphia and how to stop them when possible. Whether you need help responding to a foreclosure complaint, negotiating with your lender, or taking urgent legal action to stop a sale, we are here to help.
Contact ConsumerLawPA today for a confidential consultation. Let us help you protect your rights and your home before it is too late.
