House was sold in sheriffs sale and I still have personal property there. What are my rights?
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House was sold in sheriffs sale and I still have personal property there. What are my rights?
My parents house was recently sold in a sheriffs sale. My mother no longer lived there but me and my father did. He passed away in 2017. My name is not on the deed. But I am my fathers beneficiary. I still have personal property in the house and never recieved anything about an amount of time I have to get everything out. Now the locks are changed and there is a notice. But nothing on the notice about how long I have to remove my belongings. What are my legal rights to remove what is mine?
Asked on October 3, 2019 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, you have the right to remove your belongings, but that's your only right--as you seem to know, you have no right to continue living there. However, the sale of the house did NOT include the sale of your personal property. Contact whomever bought the house in the sheriff's sale (if you don't know, contact the sheriff's office) and ask to arrange to retrieve your belongings. If they will not let you do this, you can go to county court and file a legal action for "unlawful distraint" to get a court order requiring them to allow you to retrieve your property: the clerk's office or customer service office at the courthouse should be able to help you file this action (provide instructions and forms).
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