(a) When real property is sold in execution and no petition to set aside the sale has been filed, the sheriff, at the expiration of twenty days but no later than 40 days after either the filing of the schedule of distribution or the execution sale if no schedule of distribution need be filed, shall execute and acknowledge before the prothonotary a deed to the property sold. The sheriff shall forthwith deliver the deed to the appropriate officers for recording and for registry if required. Confirmation of the sale by the court shall not be required.
Rule 3135.Sheriff’s Deed to Real Property. Correction of Deed.
Adopted March 30, 1960 · Last amended March 7, 2014 · Last verified June 30, 2026
In one sentenceWhen real property is sold and no petition to set the sale aside has been filed, the sheriff executes and delivers a deed within a set window without needing court confirmation, and the rule provides for correcting a defective deed and for divesting a junior lienholder who was not given notice.
Full Text of Rule 3135
(b) If the sheriff has made a defective return of the execution proceeding or has executed a defective deed, including the erroneous description of the real estate, the court upon petition of the purchaser or the purchaser’s successors in title may correct the return or deed or order that a new return or deed be executed.
(c) If the plaintiff has failed to give notice to a lienholder, junior in lien pri- ority to the mortgage being foreclosed upon or the judgment being executed, the plaintiff, or its assigns, or the purchaser at the sheriff’s sale may file a petition with rule to show cause requesting that:
(1) the lien held by the junior lienholder be divested, or
(2) if the plaintiff, or its assigns, is the purchaser at the sheriff’s sale, another sheriff’s sale be held in which only the junior lienholder specified in the petition may be the only bidder allowed other than the senior lienholder who acquired the property at the sheriff’s sale, or
(3) such relief as may be approved by order of court.
Plain-English Summary
This rule turns a completed real-property sale into recorded title. If no petition to set the sale aside is filed, the sheriff executes and acknowledges a deed — no later than forty days after the schedule of distribution or, if none is needed, the sale — and delivers it for recording. Court confirmation is not required.
Two repair mechanisms follow. If the sheriff made a defective return or executed a defective deed, including a wrong description, the court may correct it or order a new one on petition of the purchaser or a successor in title.
And if the plaintiff failed to notify a lienholder junior to the mortgage or judgment being foreclosed, the plaintiff, its assigns, or the purchaser may petition for a rule to show cause to divest that junior lien, to hold a limited resale, or for other relief the court approves.
Frequently Asked Questions
Does a sheriff’s deed need court confirmation?
No. When no petition to set aside the sale is filed, the sheriff executes and delivers the deed without court confirmation.
Can a deed with the wrong property description be fixed?
Yes. On petition of the purchaser or a successor in title, the court may correct the deed or order a new one.
Official Note
Official Note: See Rule 3136(a) governing the filing of the schedule of distribution.
Amendment History
The provisions of this Rule 3135 adopted March 30, 1960, effective November 1, 1960; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026; amended November 2, 2005, effective January 1, 2006, 35 Pa.B. 6320; amended July 28, 2010, effective September 1, 2010, 40 Pa.B. 4635; amended March 7, 2014, effective April 7, 2014, 44 Pa.B. 1750. Immediately preceding text appears at serial page (352471).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: sheriff's deedcorrection of deedjunior lienholder notice