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CITY PHILADELPHIA v. MICHAEL KEILYK AND LORRAINE H/W ROMALDO UCCIFERRI AND CARMELLS H/W AND RICHARD DRINKWATER. APPEAL THERESA SALAMAN (12/27/88)

filed: December 27, 1988.

CITY OF PHILADELPHIA
v.
MICHAEL KEILYK AND LORRAINE H/W ROMALDO UCCIFERRI AND CARMELLS H/W AND RICHARD DRINKWATER. APPEAL OF THERESA SALAMAN



Appeal from the Order entered on April 5, 1988 in the Court of Common Pleas of Philadelphia County, Civil No. 68405 TLD March 1981.

COUNSEL

Martin A. Ostrow, Philadelphia, for appellant.

Raymond Ruthrauff, Philadelphia, for Drinkwater, appellee.

Cirillo, President Judge and Wieand and McEwen, JJ.

Author: Mcewen

[ 380 Pa. Super. Page 363]

We here consider an appeal from an order which granted the petition of Richard Drinkwater, (hereinafter appellee), for redemption of real estate sold at tax sale. The order directed Theresa Salaman, (hereinafter appellant), to convey to appellee a one-third interest in the real estate which appellant had purchased at a tax sale, upon payment by appellee of a sum equal to one-third of the sum paid by appellant to the sheriff to acquire the deed to the property. We are compelled to reverse since we find that an owner of an undivided fractional share of real estate may redeem the property only upon payment of the full redemption sum.

Appellee acquired an undivided one-third interest in the premises located at 832-34 South Second Street, Philadelphia, by deed dated November 6, 1981, and duly recorded in

[ 380 Pa. Super. Page 364]

    the Philadelphia County Department of Records. The City of Philadelphia, by reason of delinquent taxes and charges, initiated proceedings to effect the tax sale of the said premises, as a result of which, pursuant to Court decree, the property was sold by the sheriff at a tax sale conducted on June 2, 1986. The property was purchased by appellant and the deed, dated October 6, 1986, recorded in the Philadelphia County Department of Records. Appellee thereafter filed, on October 6, 1987, a petition seeking the redemption of an undivided one-third interest in the premises upon payment of a sum equal to one-third of the total of the amount bid at sale plus all other sums specified by the redemption statute.

Section 7293 of the General Municipal Law of May 16, 1923, P.L. 207, § 32, as amended 53 P.S. § 7293, provides, inter alia:

(a) The owner of any property sold under a tax or municipal claim, or his assignees, or any party whose lien or estate has been discharged thereby, may, except as provided in subsection (c) of this section, redeem the same at any time within one year from the date of the acknowledgment of the sheriff's deed therefore, upon payment of the amount bid at such sale; the cost of drawing, acknowledging, and recording the sheriff's deed; the amount of all taxes and municipal claims, whether not entered as liens, if actually paid; the principal and interest of estates and encumbrances, not discharged by the sale and actually paid; the insurance upon the property, and other charges and necessary expenses of the property, actually paid, less rents or other income therefrom, and a sum equal to interest at the rate of ten per centum per annum thereon, from the time of each of such payments. If both owner and creditor desire to redeem, the owner shall have the right so to do only in case he pays the creditor's claim in full. If more than one creditor desires to redeem, the one who was lowest in lien at the time of sale shall have the prior right, upon payment in full of the claim of the one higher in lien. Within the year, one who was lower in lien may redeem from one

[ 380 Pa. Super. Page 365]

    higher in lien who has already redeemed, and the owner may redeem from him; and so on throughout, in each case by paying the claim of the one whose right was higher; and one higher in lien may redeem from one lower in lien, unless his claim is ...


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