Conditions for On-Line Sheriff’s Sale



Notice to all

Terms And Conditions for Membership

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN YOU MAY NOT USE THIS WEBSITE OR THE PRODUCTS.

Notice To All

All photos on SheriffSale.com's website are the legal property of SheriffSale.com, you may not copy, reproduce or sell the photos on SheriffSale.com website without written expressed consent given by a authorized person of SheriffSale.com LLC. If it is discovered photos or any portion of our website is being copied, reproduced, or sold for gain or otherwise, SheriffSale.com will prosecute to the full extent of the law. This is not a live on-line auction website. Our optional bidding services are only offered to our members to determine their maximum bid amount if they chose to have a SheriffSale.com experience bidder represent them at the sale. Members can also attend the live auction in person to bid their interest.

General Terms and Conditions

This website and our Services are provided subject to these Terms and Conditions of Use, as they may be amended by us, and any guidelines, rules or operating policies that we may post on this website, including, without limitation, our Privacy Statement, which are specifically incorporated herein by reference (collectively, the "Agreement"). We may amend this Agreement from time to time due to changes to our Services, to account for developments under the law, or for any other commercially reasonable reason. Future performance by us of our obligations under this Agreement is sufficient consideration for any such amendment. Any amendment will only become effective upon notification to you (by email or by posting on our website) and, if you do not want to agree to any such amendment, you should contact us to cancel your account. By checking the box next to the "Do you agree?" button on the sign-up page, by logging in to your Sheriffsale.com account, by accessing this website or by accessing any of our Products by means of any API interface, you accept this Agreement.

Minimum Age and Ability to Bind

This website and the Products are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, this website and the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use this website or the Products. If you are using this website or the Products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of this website and the Products.

Registration

You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on this website, and agree to update such information if it changes.

Communication with You.

We reserve the right to send messages to you to inform you email, text message, U.S. Mail, and/or telephone. Such communications may include but are not limited to:

• changes or additions to this website or Services;

• changes to this Agreement or any of the Fee Schedules (defined below),

• violations of this Agreement or cancellation, suspension, termination or other action respecting your privilege to access and use this website or Services; or

• any other matter related to this website, Services or this Agreement. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.

Copyright and Trademark Information.

This website and the information they contain, are the property of SheriffSale.com, LLC and its affiliates and licensors, and are protected by United States and international intellectual property laws."SheriffSale.com," the Sheriffsale.com logo,” are registered trademarks or trademarks of Sheriffsale.com, LLC in the United States and other countries.

Fees for Our Research Tools and Professional Services.

Once you have completed your free trial period for the SheriffSale.com, you will be subject to monthly subscription fees in accordance with the registration agreement. This fee will give you full access to our color photos, neighborhood views, dynamic search options and expert advice services. There are no requirements for a long-term contract and you may cancel your services at anytime. All cancelations will be accepted for the month in which they are submitted.

Payment

Payment for the Products will be made by a valid credit card accepted by us. Checks will be accepted for prepayments of at least six months. Fees are payable in U.S. dollars only. If the monthly payment option is selected or if you have previously provided us with your credit card for payment, you hereby authorize us to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period and continuing until such time as your Sheriffsale.com account is terminated. If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify you by email, telephone or text message and your Sheriffsale.com account may be disabled until payment is received.

Optional Bidding Services

This website is designed to provide professional assistance in the research and purchase of foreclosure and tax sale properties auction by the City Of Philadelphia. It is intended to aide members in the Philadelphia Sheriff's Sale process. This should not be used as the bidder's sole source of information regarding properties listed. It is the bidder's responsibility to visit and verify any properties of interest prior to bidding on a property. Errors or Omissions that result in unsatisfactory purchases are not the responsibility or liability of the publisher.

All bidders who win the online auction will be charged a $50 participation fee. This $50 fee will be charged to your credit card even if you don't use our auction representation. If you use our auction representation the $50 online bid fee must be included with your deposit..

Closing Of Auction For Members

The members’ online auction closes five business days prior to the Sheriff’s Sale auction. At the closing of the auction, each highest bidder will be notified you are the highest bidder and you will be charged a non-refundable $50.00 Representation fee. Any user that bids in the member’s pre-bid auction is bidding for a representative of Sheriffsale.com to bid on their behalf at the live auction. The members’ online auction closes five business days prior to the live Sheriff’s Sale auction. At the closing of the online pre-bid auction you will be notified if you are the highest bidder. The charge for representation at the live Sheriff’s Sale auction is $125.00 which includes a non-refundable processing fee of $50.00. You can select up to three properties that you are deemed the highest bidder for the $125.00 fee. For each additional property selected there is an additional $20.00 fee. If all of the properties on your list are stayed or postponed prior to the date of the sale, you may opt to have all funds returned or you may roll the funds over to bid on another sale, with the exception of the non-refundable $50.00 We must also receive your 10% deposit and any additional fees within 2 days of you being notified of your winning bids. The highest bidder must call us at 215-772-1925 within the first 24-hours to confirm they want a representative from Sheriffsale.com to bid on their behalf.

Failure to confirm representation and pay required fees will result in an immediate default of the highest bidder. Representation fees are non-refundable! The second highest bidder, will then be given a 24-hour period to confirm representation and pay required deposits. Repeated failure to confirm pay required deposit and fees will result in suspension and/or termination of privileges to bid on Sheriffsale.com.

Payment Deposits For Winners Of Member’s Auction

All deposits shall be submitted in cash, certified check, attorney’s check, money order or wire transfer. In no case shall the deposit be less than $600.00 (six-hundred dollars). No credit card deposits are accepted.

Once the required deposits are made along with a signed receipt confirming the property address, writ number, and maximum bid amount you will be represented at the Sheriff's Sale.

Representation At the Live Auction

SheriffSale.com will assign an experience bidder to represent members who win our pre-bid auction at the live auction held by the Office of the Sheriff Of Philadelphia. Our experience bidder will bid up to the highest amount authorized by our member. Your property may be won for a lesser amount and SheriffSale.com will refund the difference. If your highest bid is not the winning bid at the live Sheriff’s Sale, your 10% (ten percent) deposit will be returned within 10 (ten) days. Once a winning bid is accepted at the live Sheriff’s Sale, Sheriffsale.com will submit a 10% deposit on the selected property to the Philadelphia Sheriff’s Office and forward an auction receipt to the winning bidder who assumes all responsibilities for the 90% (ninety percent) remaining payment. There will be an additional $125.00 (One-hundred and twenty five dollars) pre-settlement processing fee for all winning Sheriffsale.com bids at the Sheriff’s Sale. SheriffSale.com also offers optional settlement services for its members.

All users of Sheriffsale.com must comply with the following conditions of Sheriff’s Sale for Judicial/Foreclosure Sale.

Conditions for JUDICIAL/FORECLOSURE SALE FOR THE CITY OF PHILADELPHIA

Ten percent of the highest bid for each property auctioned off shall be deposited in cash, certified check, attorney’s check or money order with the Sheriff by each bidder when his bid is registered, provided that in no case shall less than Six Hundred Dollars ($600.00) be deposited, otherwise upon failure or refusal to make such deposit, the bidder shall lose all benefit of his bid and the property may be immediately offered again and sold unless a second bid has been registered, then, the second bidder will take the property at the highest bid price.

Additionally, where there is active bidding, the highest bidder, and the second bidder, if any must post the entire amount of the cost of the distribution policy for the property at the time of sale by cash, certified check, attorney's check or money order with the Sheriff.

BIDDING CONDITIONS FOR THE SHERIFF’S SALE

From the opening bid to $20,000.00 you must bid $100.00 more than the previous bid. From $20,000.00 to $50,000.00 you must bid $500.00 more than the previous bid. From $50,000.00 to $100,000.00 you must bid $1,000.00 more than the previous bid. And from $100,000.00 and above you must bid $5,000.00 more than the previous bid.

The balance of the purchase money must be deposited in cash, certified check, attorney’s check or money order together with a Deed poll for execution by the highest bidder to the Sheriff at his office within 30 days from the time of the sale. An extension of time for an additional 30 days may be granted at the discretion of the Sheriff upon receipt of written request from the buyer requesting the same, except when a second bidder has been duly registered. Also, if the first bidder does not complete settlement with the Sheriff within the thirty (30) day time limit and a second bid was registered at the sale, the second bidder shall be granted the same thirty (30) day time limit to make settlement with the Sheriff on his second bid. Thereafter, the Sheriff shall be at liberty to return the writ to court.

A second bid must be registered on any property immediately after it is sold. The second bidder must present the same amount of deposit that the highest bidder delivers to the Sheriff at the sale. An extension of time under no circumstances will be granted or honored by the Sheriff whenever a second bid is registered on a property at the sale.

The first bid or opening bid on each property shall be a sum sufficient to pay all Sheriff’s costs including advertising, all taxes, water rents and municipal claims due to the City of Philadelphia. If there is no other bid price above the opening bid price, the property shall be sold by the auctioneer to the attorney on the writ at that price.

The deposit by any bidder who fails to comply with the above conditions of sale shall be forfeited and the funds will be applied to the Sheriff’s cost, then to any municipal claims that the City of Philadelphia has on the property. Finally, if a balance still remains, a Sheriff’s Distribution Policy will be ordered and the money will be distributed accordingly.

No personal checks, drafts or promises to pay will be accepted in lieu of cash, certified checks, attorney’s checks or money orders made payable to the Sheriff of Philadelphia County.

The Sheriff reserves the right to grant further extensions of time to settle and further reserves the right to refuse bids from bidders who have failed to enter deposits on their bids, failed to make settlement, or make fraudulent bids, or any other behavior which causes disruption of the Sheriff Sale. Said bidders shall be so refused for the sale in which said behavior occurred and for said further period of time as the Sheriff in his discretion shall determine.

The Sheriff will not acknowledge a deed poll to any individual or entity using an unregistered fictitious name and may, at his discretion, require proof of identity of the purchaser or the registration of fictitious names. The bid of an unregistered fictitious name shall be forfeited as if the bidder failed to meet the terms of sale.

All bidders are advised to remain at the sale until after the last property is sold. The Sheriff reserves the right to re-sell any property at any time before the end of the sale, upon the successful bidders' failure to tender the required deposit. The Sheriff reserves the right to postpone or stay the sale of any property in which the attorney on the writ has not appeared and is not present at the sale.

BACKGROUND AND PROCEDURE FOR JUDICIAL SALES FOR DELAWARE COUNTY

Background: The information provided below is of a general nature. It is intended to give prospective purchasers of tax delinquent properties some understanding of how the purchase process for judicial sales works, and what a purchaser may expect to occur if a property is purchased.

This information is not to be construed as an exhaustive treatment of all intricacies of the tax sale law, nor should it be taken as an answer to any property specific question, which a prospective purchaser may have. Hopefully, those who read this information will have a better idea of how the purchase process works. However, it is strongly recommended that if the reader should have any questions not sufficiently answered by the information provided, he or she should consult an attorney.

Simplified Overview: Delinquent properties which have not been purchased at an earlier sale (aka as the Upset sale) are advertised for sale in newspapers, and the sale is conducted by the Delaware County Tax Claim Bureau ("the Bureau") as provided by the applicable Commonwealth statute and conditions of sale set by the Bureau.

In the judicial sale, the properties are normally sold to the highest bidder, regardless of the amount of the unpaid taxes, which are due. Each property is sold free and clear of mortgages and liens, so long as mortgage and lien holders receive proper notice of sale. There are a few situations that prospective purchasers should be aware of:

1. The fact that a property is advertised for sale in the newspaper does not mean that the property will be exposed for sale on the day of sale. The Bureau's experience is that many delinquent owners pay their back taxes before the sale date. Thus, their properties are taken off the sale list at the last minute. In addition, delinquent owners secure court orders to stay the sale. Those properties are also removed from the sale list. The sale of these properties may be continued to a later date.

2. If a property is purchased at the Judicial Sale, the delinquent owner may still go to court to contest the sale of his or her property. Frequently, delinquent owners claim that they failed to receive proper notice of the sale. If the court finds that this is true, the sale is set aside, and the purchaser gets his/her money back.

3. Prospective purchasers at tax sales should be aware that they can consult with an attorney prior to the sale to get more detailed information concerning what they may expect in purchasing properties. Of key importance is to learn the rights of tax delinquents to challenge the sales in court.

PROCEDURE

If you are interested in purchasing a property at the judicial sale, please do the following:

1) You may inspect a copy of the list at the bureau after the court orders that the judicial sale shall be held. The list is also printed in the Delaware County Legal Journal at least 30 days before the sale. (Also the Daily Times)

2) Know the address and folio number of all properties in which you have an interest.

3) The judicial sale usually occurs in the spring. The exact time and date may be available as early as January. Thus, you can telephone the Bureau at 610.891.4294 to get this information.

4) Registration for the sale will be advertised in the DAILY TIMES, News of Delaware County and the LEGAL JOURNAL on the same date as the properties are listed at least 30 days before the sale.

REGISTRATION FEE IS $600.00 and will be explained in the advertisement.

5) The bidding begins when each property is called and identified by the auctioneer.

6) If you are successful in your bid, employees of the bureau will assist you in the following through the purchase process.

7) You are free to bid on more than one property if you so desire.

8) A sample copy of the conditions of sale for the judicial sale is attached to give you more information about judicial sales. Please be aware that these conditions of sale are subject to change.

Disclaimer: Note that action taken by a property owner, the Courts, Government Agencies and/or the Tax Claim Bureau may result in deleting a listed property from the JUDICIAL SALE at any time.

JUDICIAL SALE

The purpose of the sale is to offer the properties to the highest bidder free and clear of all taxes, municipal claims, mortgages, judgment, charges and estates of whatsoever (due at the time of sale) except ground rents separately taxed.

The opening bid shall be $600.00 plus state and local transfer tax and recording costs. Bid price must be paid by treasurer/cashier checks or money orders. State and Local transfer tax and all recording costs must be paid with separate treasurer/cashier checks or money orders.

All payments must be paid no later than 1(one) hour before the close of business unless extended at the discretion of the Tax Claim Bureau.

Registration fee of $600.00 is required for admittance into the sale. Registration will be held prior to the date of sale at the Tax Claim Bureau between the hours of 10:00a.m and 3:00p.m (Date to be announced). The registration fee is payable to the Tax Claim Bureau and must be paid by treasurer/cashier check or money orders. The registration fee will admit 1 (one) persons. No registration on the day of the sale. Fee will be applied to the purchase of property/properties and is non-refundable if the sale is not finalized. Fee will be refunded if no purchase is made and will be mailed back to the registered bidder.

Note that land title insurance companies may elect not to insure the title of judicially sold properties. Buyers should consult legal counsel concerning the title and the advisability of bringing a court action to Quite Title.

The bureau makes no warranty, guarantee, or representation as to the discretion, nor will it make any survey on the property. Properties are sold subject to existing occupancy, if any. The bureau reserves the right to participate, or not to participate in any post-sale litigation. All properties are sold under the "Pennsylvania Real Estate Tax Sale Law". Section 619.1. New additional restrictions as of December 21, 1998.

Within twenty (20) days following any sale under the act, a successful bidder shall be required to provide certification to the bureau that the person is not delinquent in paying real estate taxes to any taxing districts where the property is located and that the person has no municipal utility bills that are more than one year outstanding.

It will take at least six months before a court approved deed can be issued.

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