Rule 3135. Sheriff’s Deed to Real Property. Correction of Deed.
(a) When real property is sold in execution and no petition to set aside the sale has been filed, the sheriff, at the expiration of twenty days but no later than 40 days after either the filing of the schedule of distribution or the execution sale if no schedule of distribution need be filed, shall execute and acknowledge before the prothonotary a deed to the property sold. The sheriff shall forthwith deliver the deed to the appropriate officers for recording and for registry if required. Confirmation of the sale by the court shall not be required.
Official Note
See Rule 3136(a) governing the filing of the schedule of distribution.
(b) If the sheriff has made a defective return of the execution proceeding or has executed a defective deed, including the erroneous description of the real estate, the court upon petition of the purchaser or the purchaser’s successors in title may correct the return or deed or order that a new return or deed be executed.
(c) If the plaintiff has failed to give notice to a lienholder, junior in lien priority to the mortgage being foreclosed upon or the judgment being executed, the plaintiff, or its assigns, or the purchaser at the sheriff’s sale may file a petition with rule to show cause requesting that:
(1) the lien held by the junior lienholder be divested, or
(2) if the plaintiff, or its assigns, is the purchaser at the sheriff’s sale, another sheriff’s sale be held in which only the junior lienholder specified in the petition may be the only bidder allowed other than the senior lienholder who acquired the property at the sheriff’s sale, or
(3) such relief as may be approved by order of court.
Source The provisions of this Rule 3135 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended November 2, 2005, effective January 1, 2006, 35 Pa.B. 6320; amended July 28, 2010, effective September 1, 2010, 40 Pa.B. 4635; amended March 7, 2014, effective April 7, 2014, 44 Pa.B. 1750. Immediately preceding text appears at serial page (352471).
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