QUESTION

When a stay is lifted from a Sheriff's Sale, must the Sheriff's Sale be rescheduled for over 30 days out from the date of the order lifting the sale?

Asked on Oct 18th, 2021 on Foreclosures - Pennsylvania
More details to this question:
Sheriff's Sale was scheduled for October 14 and had a Stay imposed by the Court. Although it was stayed until further order of the court, the Sheriff's office rescheduled it to November 18. If the court removes the stay on November 15 and the sale was not postponed, can they sell it on November 18 or must they reschedule for at least 30 days later, possibly in December?
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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The answer to your question truly depends on the language of the Order.  If it states until further order of court, someone should point that out to the sheriff.  Otherwise, someone should correspond with the court, copying the other party, to alert the court to a potential violation of the Order.  Many people in that situation consider a chapter 13 bankruptcy as a viable solution to the delinquency. I trust this answers your questions, but feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com
Answered on Oct 18th, 2021 at 10:35 AM

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