Mortgage Foreclosure

The most common type. A lender forecloses after the borrower stops paying. In Delaware the writ is called Levari Facias ("Lev Fac"); in New Jersey and Pennsylvania it is a writ of execution issued after a foreclosure judgment.

• The lender often bids first, up to roughly what it is owed. RealtorAuctions marks a $100-or-less winning price as a nominal lender bid.
• Deposits range from 10% to 20% of the bid, or a fixed amount for online sales. See the state sections.
• Mortgages and liens senior to the one being foreclosed generally survive the sale.

Tax Sales

Sales for unpaid property taxes work very differently in each state:

• Delaware: the sheriff sells the property under a Monition (often on a writ of Venditioni Exponas). In Delaware the full bid is due on sale day, and the owner can still redeem after the sale (see Delaware).
• Philadelphia: the sheriff holds tax sales under the Municipal Claims and Tax Liens Act. Some properties can be redeemed for months after the deed (see Pennsylvania).
• Montgomery and Lehigh, PA: tax sales are run by the county Tax Claim Bureau, not the sheriff. They are a separate process that RealtorAuctions does not cover.
• New Jersey: municipalities sell tax sale certificates (a lien, not the property). That is a different process from a sheriff sale (see New Jersey).

HOA / Condo Association Liens

An association can foreclose for unpaid dues and assessments. Opening bids may be low, but the first mortgage often survives, so you could end up owing it. Priority rules differ by state. Have an attorney or title company tell you what survives.

Other Judgment Sales

A creditor with a court judgment against the owner can have the property sold to collect it. Mortgages and other prior liens usually survive. In Delaware, a Venditioni Exponas ("Vend Ex") writ orders the sale of property already levied on. It's used for tax monitions and some judgments, and the deposit follows the underlying sale type, so check with the sheriff.

Research Checklist

• Read the conditions of sale for that county: deposit, payment deadlines, fees, and who pays transfer tax.
• Title search: find every mortgage, lien, judgment and tax claim, and learn which ones survive this sale. A title company or attorney can do this.
• Check the court docket for the case, including bankruptcy filings that can stop a sale.
• Assessment and taxes: check the county or municipal tax office for the assessed value and unpaid taxes, water and sewer.
• Market value: look at recent comparable sales.
• Drive by: look at the exterior and the neighborhood, but don't enter or disturb the property or its occupants.
• Occupancy: find out who lives there. Owners and especially tenants may have legal protections, and removing them takes time and money.
• Confirm the sale is still on with the sheriff close to sale day. Postponements are common.
• Have your money ready. Balances are due in days or weeks, and pre-approval for a loan is not enough.

Register

In person: bring government photo ID and the registration deposit in the form the county requires (usually a cashier's or certified check; some counties don't accept cash or personal checks). Arrive early. Online (Bid4Assets): register and send the deposit days ahead, by the deadline in the conditions of sale.

Bid

Properties are offered one at a time, usually starting with the plaintiff's (lender's) bid. Bidding continues until no one raises. Set a firm maximum before the sale and stick to it.

Pay the deposit

If you win, you owe the down payment right away or by a short deadline: for example, the same afternoon in Delaware or the next business day in Philadelphia. Amounts differ by state and county; see the state sections.

Pay the balance on time

Deadlines range from about 12 days (Montgomery County, PA) to 30 days, depending on the county. Missing the deadline usually means losing your deposit, and you may owe the costs of a resale.

The sale becomes final

Each state has a waiting period in which the owner or other parties can object or redeem: court confirmation in Delaware, a 10-day period in New Jersey, and a schedule of distribution with a 10-day exception period in Pennsylvania. The deed is delivered after that. See the state sections.

Taking possession

• Record the sheriff's deed and pay any transfer tax you owe.
• Insure the property as soon as you own it.
• If anyone lives there, use the legal process. Don't change locks or remove belongings while someone is living there. Tenants can have strong protections, especially in New Jersey.

Title

A sheriff's deed comes without the warranties of a normal sale. Some purchases, especially tax sales, may need a court action (such as quiet title) before a title company will insure them. Ask a title company before you bid.

• Surviving liens: senior mortgages, some taxes and municipal liens, and other claims may stay with the property and become your problem.
• Condition: you usually can't inspect the inside. Expect damage, code violations or environmental issues.
• Occupants: former owners, tenants or others may be living there.
• Redemption: in some sale types the owner can still get the property back after the sale (see the state sections).
• Federal tax liens: when the IRS holds a lien, the United States may have a right to redeem the property after the sale, generally 120 days or longer depending on how the sale was handled (26 U.S.C. § 7425 and 28 U.S.C. § 2410). An attorney can tell you if it applies.
• Postponement or cancellation: you can spend time and money researching a property that never goes to sale. The plaintiff can sometimes cancel even after bidding.
• Overbidding: auction pressure can push prices above market value.

Delaware — statewide

Rules that apply in every county

• Confirmation: the Superior Court confirms (or sets aside) each sale. Kent and Sussex say this happens on the first Friday after the third Monday of the month following the sale. Objections must be raised before confirmation.
• Mortgage sales: Kent County's procedures state there is no redemption period after a mortgage foreclosure sale.
• Tax (monition) sales: the owner may redeem within 60 days after the court approves the sale by paying the purchase price plus 15% and costs (9 Del. C. § 8729). Kent and Sussex also have a separate tax-sale procedure (9 Del. C. §§ 8771–8779) with different terms, so ask the sheriff which applies.
• Transfer tax: Delaware realty transfer tax plus county/municipal tax, generally split between buyer and seller. Sussex states its share as 2.5% state + 1.5% county, each split half and half.

Sources: 9 Del. C. ch. 87, Kent and Sussex sheriff pages below.

New Castle County, DENot re-verified

Sale details

New Castle County's website blocks automated checks, so we could not re-confirm these details in October 2026. Call the Sheriff's Office or check its website before relying on them.

• When: second Tuesday of each month at 9:00 AM
• Where: City/County Building, 800 N. French Street, Wilmington, DE 19801
• Registration: pre-registration required, with a $10,000 first payment in certified funds (cashier's check or certified check; no cash)
• Deposit if you win: 20% of the bid for mortgage and judgment sales; 100% for tax (monition) sales, at the sale
• Balance: previously the third Monday of the month after the sale, with a $500 late fee
• Fees (schedule effective July 2024): sale commission 4% of the price (min $700, max $15,000); assignment of bid 0.25% (min $125); sale set-aside fee $500

Official: NCC Sheriff Sales · Sheriff's Office · Fee schedule · CivilView listings

Kent County, DE

Sale details (procedures effective May 1, 2025)

• When: mortgage foreclosure sales usually the first Thursday of the month; tax sales about every three months. Sales start at 10:00 AM.
• Where: Levy Court Chambers, Room 203, 555 Bay Road, Dover
• Registration: the procedures say 8:30–9:30 AM, but the county web page says registration closes at 9:45 AM. Arrive by 9:30 to be safe.
• Registration deposit: $4,000 per property, non-refundable if you win, by cashier's check, certified check or money order
• Mortgage sales: 20% of the bid (less the $4,000) by 2:00 PM on sale day; balance by the third Monday of the following month. Late payment: $500 fee and possible forfeiture.
• Tax / Vend Ex sales: 100% of the bid (less the $4,000) by 2:00 PM on sale day
• Phone: (302) 736-2161

Official: Kent County Sheriff's Office · Sale procedures (PDF) · Rules & registration form (PDF) · Final results

Sussex County, DE

Sale details

• When: third Tuesday of each month at 9:30 AM
• Where: Main Conference Room (2nd floor), 22215 N. Dupont Boulevard, Georgetown
• Registration: 9:00–9:30 AM with a $4,000 deposit, returned if you don't win
• Mortgage sales: 20% of the bid by 3:00 PM on sale day (the $4,000 counts toward it); balance by the third Monday of the following month, or the sale and deposit are forfeited
• Tax (monition) sales: 100% by 3:00 PM on sale day
• Payment: cash, certified check or cashier's check; no personal or business checks
• Fees: county fee of 4% of the bid (min $500, max $10,000); the buyer also pays the deed cost and half of the transfer tax

Official: Sussex County Sheriff sales · Sheriff sale FAQ · Fee list

New Jersey — statewide

Rules that apply in every county

• Deposit: the winning bidder pays 20% of the bid immediately when the sale ends, in cash or by certified or cashier's check. If you can't pay, the sale is void (N.J.S.A. 2A:50-64). Many counties cap or refuse cash; see the table.
• Upset price: the minimum price the property can sell for. The lender must post a good-faith estimate on the sheriff's website at least four weeks before the sale, and it can rise by no more than 3% on sale day. If no one outbids the lender, the lender takes the property.
• Adjournments: the sheriff can postpone a sale up to five times, up to 30 days each (two for the lender, two for the owner, one if both agree), and a court can order more (N.J.S.A. 2A:17-36). This is why NJ sales move so often.
• 10-day period: the deed isn't delivered while an objection can be filed, which is within 10 days after the sale or any time before the deed is delivered (Court Rule 4:65-5). The owner can usually redeem in that window. If they do, your deposit is returned.
• Balance: most counties require it within 30 days and charge interest from around day 11, but this varies by county. If you default, the property can be resold, you lose the deposit and you may owe the difference.
• Sheriff's commission: 6% of the first $5,000 and 4% of the rest (N.J.S.A. 22A:4-8). Some counties take it out of the bid; others charge it to the buyer. Buyers generally also pay recording costs and the realty transfer fee.
• What survives: county conditions say sales are subject to prior mortgages, unpaid taxes and assessments, water and sewer liens, and other government liens. A condo/HOA lien can have limited priority over a first mortgage for up to six months of dues (N.J.S.A. 46:8B-21). Get a title search.
• Community Wealth Preservation Program: a 2023 law lets certain bidders (such as homeowners or tenants) buy at the upset price with a 3.5% deposit. Its scope is in litigation, and counties apply it differently. Ask the sheriff whether it affects a sale.

Sources: P.L.2023, c.255 · P.L.2019, c.71 · P.L.2019, c.68 · county sheriff pages

New Jersey — tenants

Tenants have strong protections

• Buying at a sheriff sale is not by itself a legal reason to evict a residential tenant. Under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1), a new owner usually needs one of the "good cause" grounds in the law.
• Under the Foreclosure Fairness Act, the buyer must give tenants written notice in English and Spanish within 10 business days after the sale.
• "Cash for keys" deals are voluntary for the tenant.

Sources: NJ Courts tenant FAQ · NJ DCA bulletin

New Jersey — tax sales are different

Tax sale certificates

At a municipal tax sale, you buy a tax sale certificate, a lien on the property, not the property itself. The owner can redeem until a court enters a foreclosure judgment, which a private certificate holder can generally seek only after two years. That is a separate process from the sheriff sales listed on RealtorAuctions (N.J.S.A. 54:5).

New Jersey — by county

Sale day details (all in-person auctions)

Atlantic, Cape May, Cumberland, Hudson, Hunterdon, Middlesex, Passaic and Union: we haven't verified sale-day details yet. Use the link to the sheriff's sale list on each RealtorAuctions property page, or contact that county's sheriff.

Sussex County says owners have 12 days to redeem, which is longer than the 10 days in the court rule. Ask the sheriff's Foreclosure Unit (973-579-0850) how it applies.

Official: Bergen · Essex · Monmouth · Ocean · Salem · Sussex · other counties' sheriff websites

Pennsylvania — statewide

Rules that apply in every county

• No redemption after a mortgage foreclosure sale. For residential mortgages, the owner can cure the default up to one hour before bidding starts (no more than three times a year), which is one reason sales get pulled at the last minute (Act 6 of 1974, § 404).
• Schedule of distribution: the sheriff files a proposed schedule of distribution within 30 days of the sale, and anyone can file exceptions within 10 days of that filing (Pa.R.C.P. 3136).
• Deed: if no one petitions to set the sale aside, the sheriff delivers the deed 20 to 40 days after the schedule is filed (Pa.R.C.P. 3135).
• Tax sales under the Municipal Claims and Tax Liens Act (Philadelphia): the owner may redeem within 9 months after the sheriff's deed is acknowledged by paying the bid, costs and interest, unless the property is legally "vacant". Vacant means the same person or family hasn't lived there continuously for 90 days before the sale and up to the deed (53 P.S. § 7293).
• Transfer tax: 1% state plus local tax. Philadelphia's combined rate is 4.578% (since July 1, 2025). Who pays differs by county; see below.
• Surviving liens: a sale generally clears liens junior to the one foreclosed, but some senior mortgages and municipal claims can survive (42 Pa.C.S. § 8152). All three counties warn that clear title is not guaranteed.

Sources: Pa.R.C.P. 3135 · Pa.R.C.P. 3136 · 53 P.S. § 7293 · Philadelphia transfer tax

Montgomery County, PA

Online sale on Bid4Assets

• When: usually the last Wednesday of the month; auctions open at 1:00 PM (check the county's sale-date list, as some months have no sale)
• Where: online only, at Bid4Assets. RealtorAuctions's listing is for research; bidding happens on Bid4Assets.
• Deposit: $10,000 plus a $35 fee, paid to Bid4Assets before the auction; one deposit covers all auctions closing that day
• Balance: due to Bid4Assets within 12 calendar days. If you default you lose the deposit, may be barred from future sales, and can be liable for resale costs.
• The plaintiff can cancel a sale even after the auction closes
• Deed: about 45–60 days after the sale; the buyer supplies two signed PA Realty Transfer Tax Statements of Value
• Tax sales are run by the Tax Claim Bureau, not the sheriff

Official: Sale dates · Conditions of sale (PDF) · FAQ (PDF)

Philadelphia County, PA

Online sale on Bid4Assets

• When: mortgage foreclosure sales the first Tuesday of each month; several tax sales each month. All start at 10:00 AM. Bidding is online at Bid4Assets.
• Deposit: the Sheriff's own pages give conflicting amounts. The FAQ says $10,000 for mortgage sales and $1,500 for tax sales (plus $35), sent at least a week before the sale, while the conditions-of-sale pages show other figures. Confirm the amount for your specific sale.
• If you win: 10% down by 5:00 PM the next business day; the remaining 90% by 5:00 PM on the 15th calendar day. If you default you lose the down payment, and the second bidder may get the property.
• Tax-sale buyers must show a City tax compliance certificate
• Transfer tax: the Sheriff says it is calculated and included in the bid amounts
• Redemption: none for mortgage sales; for tax sales see the statewide 9-month rule above

Official: How sales work · FAQ · Conditions (mortgage) · Conditions (tax)

Lehigh County, PA

In-person sale

• When: fourth Friday of the month at 10:00 AM (check the county's yearly sale-date list)
• Where: Lehigh County Courthouse, Room 131, Allentown
• Deposit if you win: the higher of 10% of the bid or the full costs, at the sale, by certified or cashier's check payable to the Sheriff
• Balance: within 30 days. If you default, money paid may be forfeited and you remain liable for costs.
• Other costs: $250 Demolition and Rehabilitation Fee
• Transfer tax: the county's web page says the buyer pays poundage and all transfer taxes, while its conditions of sale say the Sheriff pays them from the bid price. Ask the Sheriff before you bid.
• Tax sales are run by the county's Tax Claim office, not the sheriff

Official: Lehigh County Sheriff Sale · Conditions of sale (PDF) · CivilView listings

• Where it comes from: listings are read automatically from the counties' official sale lists (mostly CivilView, and the Sussex County NJ Sheriff's site). Owner and parcel details come from county and state parcel systems, and map points from parcel data or the US Census geocoder.
• How fresh it is: listings refresh about once an hour and property details about every 12 hours, when the source sites are reachable. A sale can be postponed or cancelled after we last checked.
• Property type and last sale: from county or state assessment records (New Jersey's statewide tax list; Philadelphia, Montgomery and Lehigh County assessment data; New Castle and Kent County parcel data). Delaware counties don't publish sale prices. The "last sale" is the last recorded deed, which may be a family, estate or lender transfer, and New Jersey's data runs about a year behind.
• Automated matching: owner, parcel and map data are matched by parcel number or address and can be wrong.
• "Things to Check" and Results statistics are generated by software from the records. They are prompts for your own research, not conclusions.
• The official record controls. If anything here differs from the sheriff's list or the court docket, trust the official source.

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