- Who sends it
- The county sheriff files it with the prothonotary
- What it starts
- 10 days to file exceptions, then the sheriff's deed and payout
- Do this first
- Get a copy from the sheriff's real estate office and check whether money is left for you
What this document is in Pennsylvania
Under Pa.R.C.P. 3136, the sheriff prepares a proposed schedule of distribution and files it in the prothonotary's office not later than 30 days after a real estate sale. For real property, a list of liens is attached. The sheriff pays out the money by the schedule unless written exceptions are filed.
Costs and liens are paid in order. Anything left belongs to you as the former owner. See Pennsylvania foreclosure surplus funds and the national surplus funds notice page.
What it does and does not mean
- Pennsylvania has no right to buy the home back after a mortgage foreclosure sheriff's sale. Your right to cure ended one hour before bidding.
- Until the sheriff's deed is delivered, a party can petition the court to set aside the sale for proper cause under Pa.R.C.P. 3132.
- It does not put you out. After the deed is delivered, the buyer must still go to court to get possession if you remain.
- If the lender bought the home for less than the judgment, it must petition within six months after the sale to fix the fair market value before it can collect more. See Pennsylvania deficiency judgments.
The deadlines and how to count them
- Exceptions: file written exceptions with the sheriff not later than 10 days after the schedule is filed. Count calendar days starting the day after filing.
- Deed: if no petition to set aside the sale has been filed, the sheriff executes and acknowledges the deed between 20 and 40 days after the schedule is filed, and sends it for recording, under Pa.R.C.P. 3135.
- Set aside: any petition under Rule 3132 must come before the deed is delivered.
- Unclaimed money: money held for you by a sheriff and unclaimed for more than three years is turned over to the Pennsylvania Treasury, where you can claim it for free.
What to do this week
- Call the county sheriff's real estate office with your case number and ask for the schedule and whether there is money left for you.
- If a lien is listed that you think was paid or is wrong, file exceptions within the 10 days. Legal aid can help.
- Ask the sheriff how to claim your balance, and do it in writing. In Philadelphia, the Sheriff's H.A.R.T. unit handles excess funds at 215-686-3532 or 215-686-3565.
- Plan your move and read what happens after a foreclosure sale in Pennsylvania.
Scam warnings
Finders may offer to claim your surplus for a cut. The Philadelphia Sheriff's Office says you do not need an outside company. Pennsylvania caps finder fees at 15 percent only for money already turned over to the Treasury; we found no cap for money still held by a sheriff. Call the sheriff yourself before signing anything, and report problems to the Pennsylvania Attorney General.
The rest of the Pennsylvania process
See how foreclosure works in Pennsylvania, the timeline, ways to stop it and free help in Pennsylvania, or read the national guide to this letter.
Common questions
How do I object to a Pennsylvania sheriff's distribution schedule?
File written exceptions with the sheriff not later than 10 days after the schedule is filed, under Pa.R.C.P. 3136. The court then decides the exceptions and may take evidence or appoint an auditor.
When does the buyer get the deed after a Pennsylvania sheriff's sale?
If no petition to set aside the sale is filed, Pa.R.C.P. 3135 has the sheriff execute the deed between 20 and 40 days after the schedule of distribution is filed, and then send it for recording.
Can I get my Pennsylvania home back after the sheriff's sale?
There is no right to redeem after a mortgage foreclosure sheriff's sale. Before the deed is delivered, you can ask the court to set the sale aside for proper cause under Pa.R.C.P. 3132, such as not being served with the notice of sale.
Other Pennsylvania letters
- Act 91 Notice (Save Your Home From Foreclosure)The Act 91 Notice is the official Pennsylvania notice a mortgage lender must send before it can foreclose on most home loans. It tells you that you may qualify for a HEMAP loan from the Pennsylvania Housing Finance Agency. You have 33 days from the date on the notice to meet face to face with an approved counseling agency, and meeting in time can pause the foreclosure.
- Act 6 Notice of Intention to ForeclosePennsylvania's Act 6 requires a residential mortgage lender to give you at least 30 days' written notice, by registered or certified mail, before it speeds up the loan or sues. The notice must state the default and exactly what you must pay to cure it. For most loans this information comes inside the Act 91 Notice; a separate Act 6 notice is used when Act 91 does not apply.
- Complaint in Mortgage Foreclosure and Notice to DefendA Pennsylvania foreclosure starts when the lender files a complaint in mortgage foreclosure in the county Court of Common Pleas. The Notice to Defend on top says you must act within 20 days after it is served. If you do not, the lender must send a 10-day notice before it can enter a default judgment.
- Notice of Sheriff's SaleAfter a judgment, the sheriff posts a handbill on the home and you are served with written notice at least 30 days before the sheriff's sale. You can still cure the default up to one hour before bidding begins, and a court can postpone the sale for good reason.
Sources
- 231 Pa. Code Rule 3136, Distribution of proceeds
- 231 Pa. Code Rule 3135, Sheriff's deed
- 231 Pa. Code Rule 3132, Setting aside sale
- 231 Pa. Code Rule 3129.2, Notice of sale
- 42 Pa.C.S. § 8103, Deficiency judgments
- Philadelphia Sheriff's Office: H.A.R.T. unit returns excess Sheriff Sale funds
- Pennsylvania Treasury: Unclaimed Property