purchased a property at a Pennsylvania Judicial Tax Sale

[Bill Anton]

I recently bought a property at a PA judicial Tax Sale ( in Delaware county pa). It's a townhouse so there's a HOA. I went to the property and it's occupied by a tenant. I sent the tenant a certified letter to introduce myself saying I'm the new owner and she's welcome to stay if we sign a new lease. A few days later I got a call from a lawyer that works for the HOA saying that the previous owner had 3 of these townhouses and through a bankruptcy the tenant is told to pay rent to them. They also said they were a lien holder and were not notified of the tax sale. I find it hard to believe that the Tax claim bureau didn't notify them about any of the 3 properties being going to tax sale auction. As far as I understand it the tax claim bureau has a responsibility to do there job as far as notifications go and any lien holders had the right to be at the sale to purchase or pay the taxes to keep the property. Obviously that didn't happen. I bought the property and it's supposed to be free and clear of mortgages/liens etc... Is it the lien holders responsibility to dispute the claim and prove that they weren't notified or is it my responsibility to prove they were? Any Insight would be appreciated. I heard from The tenant and she wants to stay! Am I entitled to the rent as of the sale date? or do I need to wait for the deed. Do I need a lawyer to deal with this or should I go about my business with the investment property or wait for the deed. The county said I wouldn't get the deed for 3-4 months.

[David Krulac]

@Bill Anton

You can go to the Tax Claim Bureau and look at the notice file to see who was or was not notified. If the HOA was notified, sound like their lien is wiped out. If they were NOT notified their lien is not. At all the sales I have been when they read the conditions, it basically says the buyer is responsible to do a title search.

Now what sometimes happen is that the HOA has a lien, but for some reason they do not record that lien, which therefore means they were not notified and their lien is not wiped out.

In any event you should consult with an attorney familiar with PA Tax Sales.  You may be able to evict the non-paying tenant, again upon advise of your attorney.  The court has to confirm the Tax Sale, you should find out when that hearing is (in Common Please Court) and attend with your attorney.