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U.S. Bank National Association v. Parker

December 8, 2008

U.S. BANK NATIONAL ASSOCIATION, APPELLEE
v.
VICTORIA PARKER, APPELLANT



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.

The opinion of the court was delivered by: Colville, J.

BEFORE: PANELLA, DONOHUE and COLVILLE*fn1, JJ.

OPINION

¶ 1 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.

¶ 2 In her brief to this Court, Appellant asks us to consider the following questions:

1. Whether the lower court erred by failing to give Appellant notice and an opportunity to show cause for any untimely filing of the petition for redemption of property since the failure to file a timely petition under 53, P.S., §7293 is excusable?

2. Whether Appellant's petition for redemption of her real property was timely given the mistaken advice publicly announced by counsel at the sheriff's sale that Appellant had one year from the date of acknowledgment of sheriff's deed to file her petition?

Appellant's Brief at 2.

¶ 3 Under her first issue, Appellant practically concedes that, pursuant to 53 P.S. § 7293(a), she untimely filed her petition. She, however, attempts to shift this Court's focus toward 53 P.S. § 7293(b). Appellant's argument can be summarized in this way:

The law governing petitions to redeem real property sold at a municipal or tax lien sale, 53, P.S., ยง7293(b), specifically states, in pertinent part, that "Any person entitled to redeem may present his petition to the proper court, setting forth the facts, ..; whereupon the court shall grant a rule to show cause why the purchaser should not re-convey to him the premises sold; ." The Legislature[']s use of the word "shall" in this statute makes it mandatory that the court at a ...


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