Frequently Asked Questions Concerning Sheriff Sales
Question: Are the sales held at the property?
Answer: No, the sales are held at the Court House Annex on the third floor, Jury Assembly Room.
Question: Do I have the right to inspect the property prior to sale?
Answer: Properties purchased through the Sheriff Sale are purchased "sight unseen", this means that you in no way have any right to trespass on the property. Until it is sold and the deed has been changed to the new owner, it is still the property of the defendant. The owner can have you arrested for Criminal Trespassing if you are on the property.
Question: Where and when are the sales advertised?
Answer: The sales are advertised for three (3) consecutive Fridays prior to the sale date. They are advertised in the Franklin County Legal Journal and the Record Herald.
Question: How do I find the amount of any judgements, liens or taxes attached to the property I am interested in?
Answer: You will be able to find judgements or liens assigned to the property in the Prothonotary's office. Taxes owed may be obtained at the Tax Claim Bureau.
Question: What is a cost bid?
Answer: A cost bid is the total of the Sheriff's fees plus any municipal liens, Domestic Relations arrearages, and back taxes owed on the property. In layman's terms, it is what it cost the plaintiff to bring the property to sale. The plaintiff (mortage holder) will have a representative present at the sale to bid their interest. If for any reason, there is no one present to represent the plaintiff, the sale will be canceled. In the presence of the representative, a cost bid will be announced. If a third party bids, the representative will continue to bid against the third party until they have reached the figure given by the plaintiff.
Question: Why is the sale continued or canceled?
Answer: There are a number of reasons that the plaintiff may choose to cancel or continue a sale. Bankruptcy, short sale or the defendants not served in the time required.
Question: How much money will I need the day of the sale if I am the winning bidder?
Answer: Ten (10) percent is due immediately after the sale. The remaining amount due is to be paid no later than 4:00 p.m. ten (10) days after the sale. If you fail to pay the balance due, you forfeit your down payment and the property will be resold the following Friday.
Question: Is the sheriff's office responsible for the maintenance and security of the property prior to the sale?
Answer: No, if you find the property is pad locked, it is not done by the Sheriff's office. The only time that the Sheriff's Office is on the property is to post the property and to serve the defendants/tenants.
Question: How soon may I enter the property after I have purchased it?
Answer: Consult your legal counsel.
Question: How long does it take to obtain the deed?
Answer: The law states that no later than thirty (30) days after the sale, a schedule of distribution must be posted. It must hang for ten (10) days. If no objections are filed, the distribution will be made within twenty (20) days of the date of posting the schedule. The total is fifty (50) days.