Monday, December 8, 2008

Superior Court - U.S. BANK NATIONAL ASSOCIATION v. VICTORIA PARKER No. 816 EDA 2008 2008 PA Super 278 Atlantic: 962 A.2d 1210 Filed: 12/8/2008

U.S. BANK NATIONAL ASSOCIATION v. VICTORIA PARKER
No. 816 EDA 2008 2008 PA Super 278 Atlantic: 962 A.2d 1210 Filed: 12/8/2008

Appeal from the Order of February 1, 2008,
in the Court of Common Pleas of Philadelphia County,
Civil Division at No. 004048 October Term, 2005
Before: PANELLA, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from an order denying Appellant’s “Petition for Redemption of Real Property.” We affirm. The trial court summarized this matter in the following manner: [Appellant] was the owner of 4641 North Marvine Street, Philadelphia, PA 19140. This property was sold at a tax sale on December 28, 2006, and the terms of the sale were thereafter complied with and the sheriff’s deed was acknowledged on March 19, 2007. At the sale, the property was purchased by a third party for approximately $34,000. [Appellant] now seeks to redeem the property and filed this motion to redeem premises on December 24, 2007. [Appellee] does not contest redemption so long as [Appellant] has complied with the statutory requirements, but argues that [Appellant’s] motion was not timely filed. Upon payment of all the necessary costs and fees, the owner of any property sold under tax or municipal claim may redeem the property at anytime within nine months of acknowledgement of the sheriff’s deed. 53 Pa.Cons.Stat. § 7293(a) (2006). [Appellant] filed this motion on December 24, 2007. The sheriff’s deed was acknowledged on March 19, 2007. See Ex. D at [Appellee’s]Responsive Pleading. Therefore, this motion to redeem premises is untimely and is denied. Trial Court Opinion, 3/19/08 (emphasis in original). This timely appeal followed.
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