PA Tax Deed Question - Bureau Notice Failure
If a bidder at a judicial sale (tax deed) is successful in placing the winning bid and subsequently seeks to quiet title, will that bidder take the property subject to a mortgage / lien if the relevant tax bureau fails to provide notice to the mortgagee or lien holder? My reading of PA case law (I'm a lawyer but not in PA) seems to say that if the bureau fails to provide notice, the remedy for the mortgagee / lien holder is that the purchaser takes the property subject to the mortgage / lien and not that the judicial sale is invalidated. The result being that a bidder that avoids this result by not bidding at upset sale ends up in the same position as an upset sale bidder, inadvertently, at no fault of the bidder's and all contrary to the spirit of the written law. Is this the case?