Losing your property to an upset tax sale can be a devastating experience. You’ve worked hard to build a life and create memories in your home, only to have it taken away due to unpaid taxes. But what if you could get it back? What if you could challenge the sale and regain control of your property?

It’s not an impossible dream. In fact, it’s a legal right that many property owners in are unaware of. By filing a petition to set aside upset tax sale, you can fight to reclaim your property and start anew. In this article, we’ll guide you through the process of filing a petition, exploring the grounds for challenging an upset tax sale, and what to expect along the way.

Whether you’re a homeowner, investor, or simply someone who’s facing the loss of their property in Allegheny County, Fayette County, or Westmoreland County, this article will provide you with the knowledge and hope you need to take back what’s rightfully yours.

Understanding Upset Tax Sales

An upset tax sale is a type of tax sale where a property is sold to a third party due to unpaid taxes. This type of sale is usually conducted by the county or local government to recover the owed taxes. However, in some cases, the sale may be deemed invalid or unfair, and the property owner may want to challenge the sale. This is where a petition to set aside upset tax sale comes in.

Grounds for Filing a Petition

A petition to set aside upset tax sale can be filed on various grounds, including:

  • Irregularities in the sale process: If the sale was conducted improperly, or if there were errors in the notice or advertising of the sale, the property owner may have grounds to challenge the sale.
  • Lack of proper notice: If the property owner did not receive proper notice of the sale, they may be able to have the sale set aside.
  • Inadequate sale price: If the sale price was significantly lower than the property’s true value, the property owner may be able to argue that the sale was unfair.
  • Error in the tax assessment: If the tax assessment was incorrect, leading to the upset tax sale, the property owner may be able to challenge the sale.

The Process of Filing a Petition

To file a petition to set aside upset tax sale, the property owner must follow these steps:

1. Determine the applicable statute of limitations

The property owner must determine the time limit for filing a petition to set aside upset tax sale, which varies by state or locality.

2. Gather evidence

The property owner must gather evidence to support their claim, including documents related to the sale, tax records, and any other relevant information.

3. Draft and file the petition

The property owner must draft a petition stating the grounds for challenging the sale and attach supporting evidence. The petition must be filed with the appropriate court or agency.

4. Serve the parties involved

The property owner must serve the petition on all parties involved, including the purchaser of the property and the county or local government.

5. Attend a hearing

A hearing will be scheduled to consider the petition. The property owner must attend the hearing and present their case to the court or agency.

What to Expect After Filing a Petition

After filing a petition to set aside upset tax sale, the property owner can expect the following:

  • Temporary restraining order: The court may issue a temporary restraining order to stop the transfer of ownership of the property pending the outcome of the petition.
  • Hearing and decision: The court or agency will hold a hearing to consider the petition and make a decision on whether to set aside the sale.
  • Appeal: If the petition is denied, the property owner may be able to appeal the decision to a higher court.

Conclusion

Filing a petition to set aside upset tax sale can be a complex and time-consuming process. Property owners who believe they have grounds to challenge an upset tax sale should seek the advice of an attorney experienced in tax law and property rights. By following the proper procedures and presenting a strong case, property owners may be able to have the sale set aside and regain control of their property.

Don’t Wait Any Longer to Reclaim Your Property!

If you’re facing the loss of your property due to an upset tax sale in Greensburg, Irwin, or the surrounding areas of Pittsburgh, don’t give up hope. The experienced attorneys at Bumbaugh George Prather, PLLC can help. With our expertise in tax law and property rights, we can guide you through the process of filing a petition to set aside upset tax sale and fight to reclaim your property.

Reach out to Bumbaugh George Prather, PLLC to schedule a consultation and learn more about your options. Call us at 724-864-6840 or contact us here. Take the first step towards reclaiming your property and securing your future.

FAQs About Filing a Petition to Set Aside an Upset Tax Sale

What is the deadline to file a petition to set aside an upset tax sale?

The deadline to file a petition to set aside an upset tax sale varies by state and locality. In Pennsylvania, for example, the deadline is typically within 30 days of the sale. It’s essential to act quickly to ensure you don’t miss the opportunity to challenge the sale.

What are the grounds for filing a petition to set aside an upset tax sale?

A petition to set aside an upset tax sale can be filed on various grounds, including irregularities in the sale process, lack of proper notice, inadequate sale price, error in the tax assessment, and more. An experienced attorney can help determine the best grounds for your specific case.

What is the process for filing a petition to set aside an upset tax sale?

The process typically involves drafting and filing a petition with the appropriate court or agency, serving the petition on all parties involved, and attending a hearing to present your case. An attorney can guide you through the process and ensure all necessary steps are taken.

What are the chances of success in filing a petition to set aside an upset tax sale?

The chances of success vary depending on the specific circumstances of your case. However, with the help of an experienced attorney, you can significantly improve your chances of having the sale set aside and regaining control of your property.

How long does the process of filing a petition to set aside an upset tax sale take?

The length of the process can vary depending on the complexity of the case and the court’s schedule. On average, it can take several months to a year or more to resolve the matter. It’s essential to be patient and persistent in pursuing your rights as a property owner.