Sharp v. Fidelity Bond & Mortgage Co. (In Re Sharp)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether a sheriffs sale of the debtors’ property should be set aside because of the debtors’ allegations that they did not receive notice of the sale as required by Pennsylvania law. We conclude that the sale should be set aside because the mortgagee has failed to prove that it complied with the mandatory notice provisions of 41 P.S. § 403 (“Act 6 notices”) and because the mortgagee failed to make a good faith investigation to ascertain the last known address of the debtors pursuant to Pa.R.Civ. 3129(a).

The facts of the instant…