Marra v. Stocker

TAMILIA, Judge:

This is an appeal from judgment for appellees entered May 12, 1989, denying appellants’ motion to declare a sheriff’s sale null and void. Appellants brought the underlying action six months after the mortgage foreclosure by appellee/bank and subsequent sheriffs sale of the property at issue to appellee/Hartman.

On November 22, 1982, Robert S. Apgar and Marie E. Apgar received title to the property in question and subsequently mortgaged it to appellee/bank. The mortgage contained a “due on sale” clause. Appellants later purchased the property at a tax upset sale for $1,614.37;…