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What Happens to the Extra Money After a Tax Sale or Sheriff Sale in Pennsylvania?

Losing a house at a sale is hard enough without wondering whether money was left behind. Sometimes it was. Checking is free, and you can usually do it yourself.

Two kinds of sale, two processes

Pennsylvania has two common forced sales of homes, and the surplus is handled differently in each.

  • A tax sale run by the county Tax Claim Bureau. Every county except Philadelphia and Allegheny sells homes for unpaid property taxes this way, under the Real Estate Tax Sale Law.
  • A sheriff sale. This is how mortgage foreclosures end, and in Philadelphia and some other places it is also how homes are sold for unpaid taxes or city claims.

Tax Claim Bureau sales: who gets paid, in order

The Real Estate Tax Sale Law sets the order. The bureau first repays costs that taxing districts advanced and keeps a commission of 5% of the money collected to cover its costs. Then section 205 says the rest goes, in this order:

1. The Commonwealth, for state tax liens, in the cases the law describes.

2. The local taxing districts, for the taxes owed.

3. Taxing districts or municipal authorities, for municipal claims such as water or sewer.

4. Mortgage holders and other lien holders, in order of priority.

5. The owner of the property.

Before paying anyone, the bureau asks the court of common pleas to confirm its proposed schedule of distribution. Each person on the schedule is sent a copy by first class mail and can object before the court confirms it.

The deadline. If no claim for the owner's share is made within three years of the date of the sale, the law sends that money to the taxing districts instead. Do not wait.

Sheriff sales: the schedule of distribution

At a sheriff sale, the sheriff prepares a schedule of proposed distribution no later than thirty days after the sale and files it with the prothonotary, the court's records office (Rule 3136). The handbill posted before the sale tells you the date the schedule will be filed.

The sheriff then pays out the money according to that schedule unless someone files written exceptions with the sheriff not later than ten days after the schedule is filed. If you think the schedule is wrong, for example it pays a lien that was already paid off or leaves you out, filing exceptions in that window is how you raise it. The court then decides. If the home was sold to the lender for costs only, there is usually no surplus, and the rule says no schedule needs to be filed.

What the Supreme Court said in 2023

In Tyler v. Hennepin County, decided May 25, 2023, the U.S. Supreme Court ruled unanimously that a county could not keep the money from a tax sale beyond the tax debt. Minnesota had sold a woman's condo for unpaid taxes and kept the extra money. The Court said that violated the Takings Clause, because the government may not take more from a taxpayer than she owes. Pennsylvania's tax sale law already sends what is left after taxes, costs and liens to the owner. The Court also said a state may set a process for owners to claim surplus money, which is why Pennsylvania's three-year claim deadline still matters. The lesson for Pennsylvania homeowners: any money left for the owner is yours, but you have to ask for it.

How to claim it yourself

You can usually claim surplus money yourself, without paying anyone a percentage.

  • Find out if there is any. For a tax sale, call or write the county Tax Claim Bureau and ask whether there was money left for the owner after the sale, and how to claim it. For a sheriff sale, ask the sheriff's office for the schedule of distribution, or look it up at the prothonotary's office.
  • Ask what they need. Usually that is proof of identity, proof you were the owner (such as the deed), and a current mailing address. If the owner has died, ask what the estate or heirs need, often letters from the Register of Wills.
  • Put it in writing and keep copies of everything you send.
  • Watch the deadlines: ten days after a sheriff's schedule is filed for exceptions, and three years from a Tax Claim Bureau sale for the owner's claim.

Surplus recovery companies and "finders"

After a sale, some people get letters from companies offering to recover the money for a share of it. Some are legitimate, and some people choose to use them, especially when the paperwork is complicated or there are several heirs. Before you sign:

  • Ask the county office first whether there is money and what it takes to claim it, so you know what you would be paying for.
  • Read the percentage and any fees, and make sure you understand them.
  • Be wary of anyone who asks you to sign over your rights, sign a deed, or pay an upfront fee before you see the money. A licensed attorney you hire may charge fees for legal work.
  • If you have questions, legal aid or a free HUD-approved housing counselor at 1-800-569-4287 can help you think it through.

If the sale has not happened yet

If you are reading this before a sale, the options are often better: catching up, a payment plan, or selling the house yourself can leave you with more of your equity. See can you stop a sheriff sale in Pennsylvania and behind on property taxes in Pennsylvania.

Frequently asked questions

Do I get the extra money if my house sold at a Pennsylvania tax sale?

Usually yes, if the sale brought in more than the taxes, costs and liens. The owner comes fifth in line after state tax liens, local taxes, municipal claims, and mortgages and other liens (72 P.S. 5860.205(d)).

How long do I have to claim tax sale surplus in Pennsylvania?

For a county Tax Claim Bureau sale, a claim has to be made within three years of the date of the sale, or the money goes to the taxing districts (72 P.S. 5860.205(f)).

How do I object to a sheriff's schedule of distribution?

File written exceptions with the sheriff not later than ten days after the schedule is filed (Rule 3136). The court then decides.

Do I need a company to get my surplus funds?

No. You can usually claim it yourself by contacting the Tax Claim Bureau or sheriff. Some people choose paid help; if you do, understand the fee before you sign.

What did Tyler v. Hennepin County decide?

On May 25, 2023, the U.S. Supreme Court ruled that a county keeping the money from a tax sale beyond the tax debt violated the Takings Clause.

Does Orrindale buy houses or charge me anything?

No. Orrindale is free to homeowners and we are not a buyer. If we have local buyers working in your county we will introduce you, you choose who to talk to, and you are never under any obligation. If we do not, we will still point you to free help.

Sources

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This page is general information, not legal or tax advice. For your specific situation, consult a licensed attorney in your state or the relevant agency. Orrindale is a matching service, not a law firm, lender, or government program.