Legal Question in Real Estate Law in Pennsylvania

if a person has a short certificate can they assume a legal interest in a mortgage that has proceeded to a sheriff's sale?


Asked on 1/23/14, 11:01 am

1 Answer from Attorneys

No. You are mixing apples and oranges. A short certificate is given to banks or other authorities to show that you are the personal representative of the estate. It is not to be used to assume a mortgage. And why would the estate want or need to do this? If the estate has money, then why wasn't the mortgage paid until the property could be sold or transferred to the heir? The heir inherits the property at death subject to the mortgage, although the executor has certain rights that may supercede this. Conversely, if the estate did not have cash, why didn't the executor distribute the property to the heir and get it out of the estate or try to sell the property before it got to a sheriff's sale?

The only way to intervene would be to hire an attorney to file a motion to stop the sale. However, there is a whole lot going on here - what is the sale for? Is it for a mortgage foreclosure? Are there any other assets/debts in the estate? If you are the personal representative then you need to consult an attorney quickly if you have any hope of intervening in the proceedings and stopping the sale.

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Answered on 1/24/14, 10:34 pm


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