What steps can I take to stop a property tax foreclosure? - Pennsylvania
The Short Answer
In Pennsylvania, you may be able to stop (or delay) a property tax foreclosure by addressing the delinquent taxes and/or challenging whether the taxing authority followed the required legal process. Because your situation also involves an inherited home that is still titled in a parent’s name, you often need to coordinate the tax-sale issue with probate/estate administration so you have clear authority to act before the sale moves forward.
What Pennsylvania Law Says
When real estate taxes go unpaid, Pennsylvania law allows the property to be sold to satisfy delinquent tax claims through statutory tax-sale processes (often handled by a county tax claim bureau). Separately, Pennsylvania probate law recognizes that legal title to a decedent’s real estate generally passes at death to heirs or devisees, even if the deed has not yet been updated—though that title can still be subject to estate administration and court orders.
The Statute
The primary law governing your authority as an heir to a decedent’s real estate is 20 Pa.C.S. § 301.
This statute establishes that legal title to a decedent’s real estate passes at death to the heirs or devisees (subject to the powers of a personal representative and court orders), which is why probate status and who has authority to act can matter when a tax foreclosure is pending.
For tax foreclosures/sales, Pennsylvania statutes also recognize that delinquent city real estate taxes may be enforced through public sale under the Real Estate Tax Sale Law or related lien laws. See, for example, 11 Pa.C.S. § 12542.1 (referencing enforcement through the Real Estate Tax Sale Law or the Municipal Claim and Tax Lien Law).
If the matter has progressed to a court-ordered (judicial) sale, additional notice requirements can apply. See 42 Pa.C.S. § 8151 (requiring notice/report to the Department of Revenue at least 20 days prior to certain judicial sales, subject to exceptions).
Related reading: How do I transfer a deed into my name after a death in Pennsylvania?
Why You Should Speak with an Attorney
While the statutes provide the general framework, stopping a tax foreclosure in an inherited-property case is rarely simple because you’re dealing with two moving targets at once: (1) the tax-sale timeline and (2) probate authority/title issues. Legal outcomes often depend on:
- Strict Deadlines: Tax-sale matters can move quickly once a property is listed for sale, and court-related sales can have statutory notice timing requirements (for example, judicial-sale notice/report timing under 42 Pa.C.S. § 8151). Missing a deadline can limit options.
- Burden of Proof: If you are trying to challenge a sale (for example, based on defective notice or other legal defects), you typically need admissible evidence and a legally sound theory—not just proof that the taxes are high or that the property was inherited.
- Authority & Title Problems: Even though title to real estate generally passes to heirs at death under 20 Pa.C.S. § 301, tax claim bureaus, courts, and lenders often require the right estate filings (and sometimes an appointed personal representative) before they will accept certain agreements, payments, or filings. If the home is still deeded in a parent’s name, an attorney can align probate filings with the tax-sale defense so you don’t lose the property while you’re trying to “fix the deed.”
Trying to handle this alone can lead to irreversible outcomes—especially if a sale occurs and you later learn there were steps you could have taken earlier with proper legal authority.
Related reading: How do I recover surplus funds after a tax sale in Pennsylvania?
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options—especially where probate authority and a pending tax foreclosure overlap.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.