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Current as of January 01, 2025 | Updated by Findlaw Staff
It shall be the duty of the said assignee or assignees, in all cases when he or they shall receive the receipt of the purchaser as aforesaid, to state the fact in the return of the proceedings of said sale, and attach thereto a list of the liens upon the property sold, which said return shall be read in open court, on some day to be fixed by the order of court, and, if the right of said purchaser or purchasers to the money mentioned in said return shall be questioned or disputed by any person interested, the court may proceed to make distribution or refer the same for distribution to an auditor, who shall proceed as in case of distribution of the proceeds of sheriff's sales of real estate, or to direct an issue to determine the validity of said lien, and all further proceedings shall be stayed until said issue shall be decided; and, in case it shall be determined that the said purchaser or purchasers were not entitled to receive said money, it shall be the duty of the proper court to set aside the sale and direct the real estate to be resold, unless the money is paid to the said assignee or assignees within ten days thereafter. Provided, That before an issue shall be directed upon the distribution of money arising from assignee's sale, the applicant for such issue shall make affidavit that there are material facts in dispute therein and shall set forth the nature and character thereof, upon which affidavit the court shall determine whether such issue shall be granted, subject to a writ of error or appeal by such applicant if the issue be refused, in like manner as in other cases in which such writ now lies.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 39 P.S. Insolvency and Assignments § 171. Assignees to make return thereof; proceedings on objection - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-39-ps-insolvency-and-assignments/pa-st-sect-39-171/
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