Lichtenfels v. Wendling

46 Pa. D. & C.3d 512, 1986 Pa. Dist. & Cnty. Dec. LEXIS 53
CourtPennsylvania Court of Common Pleas, Westmoreland County
DecidedSeptember 30, 1986
Docketno. 2362 of 1986
StatusPublished

This text of 46 Pa. D. & C.3d 512 (Lichtenfels v. Wendling) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Westmoreland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lichtenfels v. Wendling, 46 Pa. D. & C.3d 512, 1986 Pa. Dist. & Cnty. Dec. LEXIS 53 (Pa. Super. Ct. 1986).

Opinion

LOUGHRAN, J.,

On September 9, 1985, the residential property of plaintiffs was “exposed” by defendant Tax Claim Bureau for public sale at its annual sale at the courthouse in Greensburg for delinquent taxes for the year 1983 and for prior years. The subject property was not sold at the public sale because no bid was made at or exceeding the stated upset price.

On October 8, 1985, defendant Tax Claim Bureau, pursuant to the Real Estate Tax Sale Law, 72 P.S. §5860.613, sold the subject property to defend[513]*513ant Venango Land and Farming at a private sale for a sum in excess of the taxes owed on the property.

In April 1986, plaintiffs filed a complaint challenging the private sale referred to above. It is that complaint which is presently before this court.

FINDINGS OF FACT

(1) Plaintiffs are Raymond K. Lichtenfels and Karen I. Lichtenfels who currently reside at 2341 Duffey Rd., North Huntingdon, Westmoreland County, Pa., 15642.

(2) Defendants are Westmoreland County Tax Claim Bureau and Venango Land and Farming a Pennsylvania corporation with its office located in North East, Pa.

(3) Prior to November 25, 1985, plaintiffs owned Athe subject property at 2341 Duffey Rd., North Huntingdon Township, Westmoreland County, Pa.

(4) Each plaintiff received notice from the bureau, and each had actual knowledge, that the premises would be sold for delinquent taxes at the public tax sale scheduled for September 9, 1985.

(5) Plaintiff Karen L. Lichtenfels appeared at the bureau’s office on July 12, 1985, and issued a check to the bureau in the amount of $1,041.27 as a partial payment of the delinquent taxes.

(6) Plaintiffs closed their checking account on which they had issued the check in the amount of $1,041.27 to the bureau.

(7) Sometime prior to July 12, 1985, the bureau had sent the advertisement of the 1985 public tax sale for publication to the Westmoreland County Law Journal.

(8) The premises were advertised for the September 9, 1985, scheduled public tax sale in the Westmoreland County Law Journal on July 26, 1985.

[514]*514(9) In reliance on plaintiffs’ check in the amount of $1,041.27, the bureau deleted the premises from its list of properties to be sold at the September 9, 1985, public tax sale and also specifically deleted the premises from the properties to be advertised for sale in the newspaper of general circulation in Westmoreland County.

(10) By notice dated July 29, 1985, and received by the bureau in early August, 1985, the bureau was notified that plaintiffs’ check dated July 12, 1985, in the amount of $1,041.27, was not honored because plaintiffs had closed the checking account on which the check was drawn.

(11) Some time prior to receipt of notice of the dishonored check, the bureau sent the advertisement for the September 9, 1985, public tax sale to the newspapers of general circulation in Westmoreland County; this advertisement did not contain the' premises because the bureau had deleted same from the list of properties for sale in reliance on plaintiffs’ check.

(12) Upon receipt of the notice that plaintiffs’ check had been dishonored, the bureau decided to put the premises back on the list of properties to be sold at the public sale scheduled for September 9, 1985. However, it was too late at this time to advertise the premises for sale at the public sale in the newspaper of general circulation in Westmoreland County.

(13) The premises were listed for sale at the public sale outside the room where the sale was to take place.

(14) The premises were announced for sale at the public sale on September 9, 1985, and bids were solicited, but the premises were not sold at the public sale.

(15) On October 8, 1985, Venango made an offer [515]*515to the bureau to purchase the premises for the upset sales price, in the amount of $1,307 at a private sale, and on November 25, 1985, the bureau executed a deed for the premises to Venango.

DISCUSSION

Plaintiffs Raymond K. Lichtenfels and Karen I. Lichtenfels, his wife, in the instant matter object to the private sale of their real estate located in North Huntingdon, Westmoreland County, Pa., by the Westmoreland County Tax Claim Bureau by private sale to Venango Land and Farming on or about October 8, 1986. The Real Estate Tax Sale Law 72 P.S. §5860.101 et seq. sets forth procedures for a private sale by a county tax claim bureau. Section 613 of the law, 72 P.S. §5806.613(a), provides “At any time after any property has been exposed at public sale and such sale is not sold because no bid was made equal to the upset price . . .” a tax claim bureau has a right to sell the premises at a private sale. In the instant case, the property in question has not been properly exposed at a public sale as the notice requirements of the law had not been met. The Westmoreland County Tax Claim Bureau then had no authority to conduct a private sale of the property.

Subsequent to the private sale, plaintiffs objected to the private sale when they discovered the same, claiming that the bureau had (rightfully or wrongfully without a written agreement) orally told plaintiffs that a partial payment was'sufficient to stop the sale — hence the delay in plaintiffs’ objections.

Plaintiffs tendered a partial payment to the bureau on July 16, 1985, by check which allegedly stopped the sale. The bureau employee pulled the parcel in question from the list of properties sent to [516]*516the publisher of the intended sales of properties in reliance on this payment. Unfortunately, when the bureau was made aware that plaintiffs’ bank account was closed on July 12, 1985, the bureau placed the property back on its list of properties to be sold at the forthcoming sale. It is unfortunate, because the property was never actually advertised for sale as required by law in two newspapers of general circulation, because the timing was such that it was too late to be included in the list that had been printed. Again, it was unfortunate because apparently all other notice provisions were.complied with'by the bureau.

The specific legal requirements that the bureau must follow in order to properly “expose” a property for public sale are as follows:

“§5860.602. Notice of Sale.
“(a) At least 30 days prior to any scheduled sale the bureau shall give notice thereof, not less than once in two newspapers of general circulation in the county, if so many are published therein, and once in the legal journal, if any, designated by the court for the publication of legal notices. ...” (emphasis added).

Defendants have admitted that notice of sale of the subject property was not provided in two newspapers of general circulation in 1985. If proper notice required by the act is not given, the tax sale must be set aside. All three types of notice, publication, certified mail and posting are required for a valid tax sale and if any are defective, the sale is void. In re Lawrence County Tax Claim Bureau, 48 Pa. Commw. 612, 411 A.2d 837, 48 (1980).

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Related

Daubenspeck Appeal
48 Pa. Commw. 612 (Commonwealth Court of Pennsylvania, 1980)
Bolen Real Estate Tax Sale
143 A.2d 339 (Supreme Court of Pennsylvania, 1958)
Hicks v. Och
331 A.2d 219 (Commonwealth Court of Pennsylvania, 1975)
In re Return of the Lawrence County Tax Claim Bureau
411 A.2d 837 (Commonwealth Court of Pennsylvania, 1980)
In re Tax Sale of 1980 Under Real Estate Tax Sale Law of 1947
466 A.2d 1112 (Commonwealth Court of Pennsylvania, 1983)

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Bluebook (online)
46 Pa. D. & C.3d 512, 1986 Pa. Dist. & Cnty. Dec. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lichtenfels-v-wendling-pactcomplwestmo-1986.