Schuylkill County officials say they intend to proceed with a property tax Upset Sale next week, despite public pushback over whether notice of the auction done properly after initially being scheduled on a date that violated state law.
As of Thursday, 573 properties across Schuylkill County are listed for the Sept. 17 sale, which was the focus of debate during Wednesday night’s Schuylkill County Commissioners meeting. (FULL LISTING AT THE BOTTOM OF THIS PAGE)
Elite Revenue Solutions, the company hired in 2021 to manage the county’s Tax Claim Office, originally scheduled the auction for Sept. 10. However, that date violated Pennsylvania’s Real Estate Tax Sale Law (RETSL), which mandates that tax sales occur after the second Monday in September. This year, Sept. 10 fell after the first Monday (Sept. 7) but before the second Monday (Sept. 14).
To correct the timing error, Elite Revenue continued the sale to Sept. 17. Tax Claim officials say RETSL allows the county to notify the public of a continuance through the Schuylkill County Tax Claim website without publishing an additional formal legal notice in local newspapers.
Elite Revenue took the same action in Lehigh County, where it originally scheduled a property tax sale for Sept. 9 before moving it to Sept. 16.
Under state law, the Tax Claim Office must physically post notice on every subject property and publish a legal notice in the newspaper of record prior to an upset sale. Speakers at Wednesday’s meeting did not dispute that those initial requirements were completed for the original Sept. 10 date.
In a conversation with Coal Region Canary, Schuylkill County Tax Claim Director Angela Toomey defended the decision to continue the sale to Sept. 17, despite the original date not being compliant with RETSL, by posting notice online.
She said RETSL mandates holding the sale after the second Monday in September but before Oct. 1, and permits any sale to be adjourned or continued as long as it occurs before the end of the calendar year. The Tax Claim Office is required to hold an upset sale annually, she added.
“We definitely believe we can defend that,” Toomey said, noting she confirmed the legal approach with Elite Revenue attorney Samuel Falcone prior to speaking with Coal Region Canary.
Toomey said no property owners were harmed by moving the auction to a compliant date, noting that all original notices were served properly.
“It’s to their benefit,” she said. “They have a whole other week to pay their taxes.”
Bidder registration for the sale closed Aug. 28 and was not reopened following the date change.
Critics of the process warned commissioners Wednesday that proceeding with the auction could expose resulting property transactions to legal appeals and reversals.
Palo Alto resident Jeffrey Dunkel urged commissioners to halt the sale, arguing that an invalid original date invalidates the subsequent continuance.
“It was never a statutorially valid original sale in which a continuation authority could operate,” Dunkel said during public comment. “It leaves a substantial, non-frivolous basis to challenge any of the sales. It’s not just a clerical error or oversight from the Solicitor’s Office.”
Dunkel also questioned why bidder registration was not reopened when the date was changed, citing rules that require bidders to register at least 10 days prior to a sale.
Here is the listing of properties subject to the Sept. 17 Upset Sale. The list is fully searchable and sortable.
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