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Real Estate & Property Law

Sheriff's Sales & Tax Sales in Bucks County

4 min read
Verified Sep. 2026

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.

Mortgage foreclosure and sheriff sale timelineEight steps from the notice of intention to foreclose to the sheriff deed.Mortgage Foreclosure and Sheriff'sSaleThe general sequence in Bucks County.1Notice of intention to forecloseAt least 30 days before the lender suesAct 91 adds a chance to meet a credit counselor.2Complaint filedAnswer due 20 days after serviceIf the complaint carries a notice to defend.3Judgment, then writ of executionAfter judgmentThe lender lists owners and lienholders in a requiredaffidavit.4Notice of saleAt least 30 days before the saleHandbills posted, written notice served, and newspapernotice run weekly for three weeks.5Sale dayBucks County holds a monthly saleMotions to stay are generally heard the morning of thesale. Postponements are common.6Right to cureUntil one hour before bidding startsAvailable up to three times in a calendar year forqualifying residential mortgages under Act 6.7Schedule of distributionWithin 30 days after the saleObjections are due 10 days later.8Sheriff's deed20 to 40 days after the scheduleIf no petition to set aside the sale has been filed.Timing and exceptions vary. Some sales are postponed. Ask aboutyour rights before the sale date.
Sources: 41 P.S. §§ 403, 404; 35 P.S. § 1680.403c; Pa.R.C.P. 3129.1 to 3129.3, 3132, 3135, 3136; Bucks R.C.P. 3129.3. General information, not legal advice. Verified Sep. 2026.

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. Act 6 covers a residential mortgage with an original principal of no more than a base figure set by statute and adjusted annually for inflation (for 2026 the base figure is $329,411; confirm the current figure), on property with two or fewer residential units, and it protects non-corporate borrowers (41 P.S. § 101). 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 (a non-corporate borrower on a mortgage within the Act 6 limits described above) 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 sale upset sale timelineEight steps from delinquency to absolute confirmation and deed under the Real Estate Tax Sale Law.Tax Sale: The Upset Sale TimelineUnder the Real Estate Tax Sale Law.1Taxes become delinquentDecember 31 of the tax year2Pay to leave the sale listPaying in full before the sale stops itPaying earlier removes the property from theadvertisement. An installment agreement may beavailable.3Notice of saleAt least 30 days beforeBy newspaper and certified mail, with posting.Owner-occupied homes also get personal service by thesheriff.4Upset saleHeld from the second Monday of SeptemberThe buyer pays in full on the sale date. Recorded liensoutside the upset price can survive.5Notice to the owner after saleWithin 30 daysBy certified mail.6Return to court, then confirmationReturn within 60 days after the saleThe court confirms nisi, then allows 30 days forobjections.7Objections30 days after confirmation nisiObjections attack how the sale was run, not whether thetax was owed.8Absolute confirmation, then deedAfter the objections periodThere is no redemption after the sale becomes final. Anowner can claim any balance left after the liens withinthree years.Applies to counties of the second class A through eighth class.Servicemembers and owner-occupied homes have addedprotections. Ask about your rights before the sale date.
Source: Real Estate Tax Sale Law, 72 P.S. § 5860.101 et seq. General information, not legal advice. Verified Sep. 2026.

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 upset price: the delinquent taxes and interest on which the sale is held, any other tax claims, current-year accrued taxes, certified municipal claims, Commonwealth tax liens, and costs (72 P.S. § 5860.605). Liens included in the upset price are paid from the sale proceeds, and the buyer takes the property subject to recorded liens that were not included in the upset price (72 P.S. §§ 5860.205(d), 5860.609). Some municipal claims that were not certified in time are divested (72 P.S. § 5860.605). 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)); the Act applies to counties of the second class A through eighth class. Other post-sale rights, such as those a servicemember may have under federal law, can apply.
  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 is designed to give the buyer title free of most liens, but the effect on particular liens (including some Commonwealth liens) depends on the statute, so confirm it for your property. The court reviews the notice given to 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:

For Homeowners Facing Foreclosure

If you have received a foreclosure notice, you have options, but only if you act immediately. The earlier you engage, the more options are available: loan modification, forbearance, short sale, deed in lieu, Act 91 assistance, or bankruptcy to trigger the automatic stay. Waiting until the sheriff's sale is scheduled sharply reduces your options. Contact an attorney or a HUD-approved housing counseling agency as soon as you receive the first notice.

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

Marc Lynde · 12+ years as a licensed attorney · Cardozo School of Law · Licensed in PA & NY · Full bio →

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