Ejectment Process in Pennsylvania for Foreclosure Buyers

When someone purchases a property at a mortgage foreclosure sale in Pennsylvania, they often aim to gain clear title and physical possession of the property. However, if the property remains occupied by the previous owner or other tenants, the new buyer may need to pursue an ejectment action. This legal process removes the existing occupants, allowing the new owner to take possession.

Step-by-Step Overview of the Ejectment Process

1. Issuing Notice to Occupants

After the foreclosure sale, the buyer typically provides notice to any occupants, informing them of the purchase and requesting they vacate the property voluntarily. This step is essential, as it gives occupants a chance to leave without formal court proceedings.

2. Filing an Ejectment Complaint

If occupants refuse to leave, the buyer must file an ejectment action in the Court of Common Pleas in the county where the property is located. The ejectment complaint asserts that the new owner has rightful title and seeks a court order for possession.

3. Serving the Complaint

Pennsylvania law requires the complaint to be served to the occupants personally. If service is unsuccessful, alternative methods like posting the complaint on the property may be used, ensuring the occupants are aware of the legal proceedings.

4. Court Proceedings and Defense Opportunities

Occupants can contest the ejectment, sometimes arguing that the foreclosure was invalid or raising other defenses, such as proving a right to stay. The court will evaluate the evidence and arguments, often resulting in a trial if disputes persist.

5. Court Order and Enforcement

If the court sides with the buyer, it issues an ejectment order allowing the new owner to take possession. Pennsylvania law permits the use of local authorities, like the sheriff, to enforce this order if occupants resist leaving.

6. Securing the Property

Once vacant, the buyer takes steps to secure the property. This might involve changing locks, addressing any property maintenance issues, and preparing the property for future use or sale.

Key Considerations for Ejectment Actions

• Timeliness: Pennsylvania law allows a one-year redemption period for certain foreclosures, affecting when an ejectment can proceed.

• Legal Support: Ejectment processes involve complex property laws, so new owners often work with legal professionals to navigate potential disputes.

In summary, an ejectment process is crucial for buyers in Pennsylvania who wish to assert control over a foreclosed property. Understanding the legal framework ensures the transition of ownership proceeds smoothly while respecting occupant rights.