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, 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 governed by procedural rules that protect creditors and property owners alike.

Sheriff's Sales (Mortgage Foreclosure)

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

The timeline from default to sale typically runs 12 to 18 months, though it varies by case. Key steps:

1. Act 6 / Act 91 Notice of Intention to Foreclose (30 days, plus 3 for mailing): Before filing suit, the lender must send the residential mortgage debtor a notice of intention to foreclose under Act 6 of 1974 (41 P.S. § 403) at least 30 days in advance. This notice states the default, the right to cure, and the amount required to cure. On a one- or two-family owner-occupied principal residence, it goes out as a single uniform notice prepared by the Pennsylvania Housing Finance Agency, the Act 91 notice. That notice contains the Act 6 information, it is sent in lieu of any other notice required by law, and it gives the homeowner 30 days plus 3 days for mailing to meet face to face with a consumer credit counseling agency (35 P.S. § 1680.403c(b)). One notice rather than two is normal. Act 91 does not reach every loan. It does not apply where the property is not the mortgagor's principal residence, where the mortgage is insured by the Federal Housing Administration, where the mortgage was given by a noncorporate seller who has not elected coverage, or where the property carries more than two mortgages (35 P.S. § 1680.401c(a)). The uniform notice is also not required where the mortgagor is more than 24 months in arrears, where arrears exceed $60,000, or where the mortgagor was already sent the notice and either did not apply for a mortgage assistance loan, was denied, or had assistance terminated (35 P.S. § 1680.403c(f), (g)).
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 asks 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 Act 6 cure right can be exercised up to three times in any calendar year (41 P.S. § 404). Other cure mechanisms, including curing a default through bankruptcy (11 U.S.C. § 1322(b)(5)), are not subject to this limit.

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. 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. Where the property is sold, directly or indirectly, to the lender at the sale, the lender must petition the court to fix the property's fair market value before it can collect the balance, and the borrower is credited with that value less prior liens, costs, taxes, and municipal claims not discharged by the sale. That petition must be filed within six months after execution and delivery of the sheriff's deed. If the lender does not file it in time, the borrower may petition to have the judgment marked satisfied, released, and discharged (42 Pa.C.S. § 8103; 42 Pa.C.S. § 5522(b)(2)).

Tax Sales

The Bucks County Tax Claim Bureau handles delinquent property taxes. The process follows the Real Estate Tax Sale Law (72 P.S. § 5860.101 et seq.) 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. Liens are not divested by an upset sale: the buyer takes the property subject to every recorded obligation, claim, mortgage, judgment, ground rent, and Commonwealth tax lien not included in the upset price (72 P.S. § 5860.609). The delinquent taxes and municipal claims that make up the upset price are paid out of the sale proceeds (72 P.S. §§ 5860.605, 5860.205(d)). Under the Real Estate Tax Sale Law, there is no statutory right of redemption after an upset sale in Bucks County (72 P.S. § 5860.501(c)); a post-sale right of redemption exists only in first- and second-class counties (Philadelphia and Allegheny).
2. Judicial (free and clear) sale: If the property does not sell at upset sale, the Tax Claim Bureau can petition the court for a judicial sale. A judicial sale extinguishes all liens, and the buyer gets clean title. The court must find that proper notice went to all interested parties before approving the sale.
3. Repository sale: Properties that do not sell at judicial sale go into the repository, where they are sold at deeply discounted prices subject to approval by the taxing bodies.

Buying at Sheriff's Sale or Tax Sale

These sales attract investors, but they carry serious 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.

Legal and factual content on this page was last verified: Aug. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.