Best Foreclosure Lawyers in Pennsylvania

About Foreclosure Law in Pennsylvania, United States

Foreclosure is the legal process that allows a lender to take ownership of a property when the borrower defaults on their mortgage payments. In Pennsylvania, the most common type of foreclosure is judicial foreclosure, which requires the lender to file a lawsuit to obtain court approval before selling the property. This process is designed to protect the borrower's rights while also allowing the lender to recover the amount owed. Foreclosure can be a stressful and complicated experience for homeowners, which is why understanding local laws and your legal options is important.

Why You May Need a Lawyer

Foreclosure is a complex legal matter that can have serious consequences, including the loss of your home and damage to your credit. Homeowners in Pennsylvania may need a lawyer for various reasons, such as:

• Receiving a foreclosure notice and not understanding the legal documents or deadlines involved
• Believing the lender has made a mistake or violated your rights
• Facing foreclosure due to job loss, medical bills, or other financial hardship and seeking alternatives
• Wanting to negotiate a loan modification, short sale, or deed in lieu of foreclosure with the lender
• Needing help filing for bankruptcy as a way to halt foreclosure proceedings
• Trying to navigate mediation or loss mitigation programs
• Suspecting predatory lending or mortgage fraud

An attorney can help you understand your options, represent you in court, protect your rights, and work to achieve the best outcome possible.

Local Laws Overview

Pennsylvania has specific laws and procedures regarding foreclosure that differ from other states. Key aspects include:

• Judicial Foreclosure: Most foreclosures in Pennsylvania must go through the court system. This means your lender must file a lawsuit and obtain a court order before selling your home.
• Notice Requirements: State law requires that homeowners receive a Notice of Intent to Foreclose at least 30 days before the lender can file a foreclosure action. The homeowner also receives a formal complaint once the lawsuit is filed.
• Right to Cure: Homeowners typically have at least 30 days after receiving notice to catch up on missed payments and stop the foreclosure process.
• Act 91 and Act 6 Notices: These are special foreclosure notices required in Pennsylvania, which provide information about housing counseling and the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (HEMAP).
• Response Time: After receiving a foreclosure complaint, the homeowner typically has 20 days to respond in court.
• Sheriff's Sale: If the court grants foreclosure, the property will be sold at a public auction conducted by the county sheriff.
• Redemption: Pennsylvania does not offer a statutory right of redemption after the sheriff's sale, meaning it is very difficult to reclaim the property afterward.

Staying informed of your rights and deadlines is critical at every stage of the process.

Frequently Asked Questions

What is the first step in the foreclosure process in Pennsylvania?

The process begins when the lender sends a Notice of Intent to Foreclose at least 30 days before filing a lawsuit, giving the homeowner a chance to cure the default.

Can I stop a foreclosure once it has started?

Yes, homeowners can often halt foreclosure by paying overdue amounts, negotiating a loan modification, or using legal defenses. Filing for bankruptcy can also temporarily stop the process.

Do I have to leave my home right after the sheriff's sale?

No, you are not required to leave immediately. The new owner must start the eviction process to remove you from the property, which gives you some additional time after the sale.

What are Act 91 and Act 6 notices?

These are legal notices required in Pennsylvania that inform homeowners about foreclosure proceedings and resources such as housing counseling and assistance programs.

Can I sell my home during foreclosure?

Yes, you can sell your home up until the sheriff's sale. Many homeowners pursue short sales if the home’s value is less than the mortgage balance.

What is a deficiency judgment?

If your home is sold for less than the amount you owe, the lender may seek a deficiency judgment to recover the difference. In Pennsylvania, there are limits on when and how a lender can pursue this.

Is there a way to save my home during foreclosure?

Options include reinstating the mortgage by catching up on payments, negotiating forbearance or modification, entering into mediation, or applying for HEMAP assistance.

What if I think my lender made a mistake?

It is crucial to seek legal advice if you believe the lender violated your rights or made errors in the foreclosure process. There may be valid defenses to stop or delay the foreclosure.

Do I need to go to court during foreclosure?

While you are not required to appear, it is strongly recommended to respond to court notices and consider attending hearings. Failing to respond can result in a default judgment against you.

What happens to my credit after a foreclosure?

A foreclosure will typically stay on your credit report for up to seven years and can significantly lower your credit score, which may affect your ability to get loans in the future.

Additional Resources

If you are facing foreclosure in Pennsylvania, these organizations and agencies can provide valuable information and support:

• Pennsylvania Housing Finance Agency (PHFA): Provides information about the Homeowner's Emergency Mortgage Assistance Program (HEMAP), which may help you avoid foreclosure.
• Legal Aid of Southeastern Pennsylvania: Offers free or low-cost legal assistance for qualifying individuals facing foreclosure.
• County Bar Associations: Many county bar associations offer lawyer referral services and sometimes free legal clinics for foreclosure cases.
• Pennsylvania Department of Banking and Securities: Oversees mortgage lenders and offers consumer resources related to foreclosure and loan modifications.
• U.S. Department of Housing and Urban Development (HUD): Offers free foreclosure prevention counseling via HUD-approved agencies in Pennsylvania.

Next Steps

If you are facing foreclosure or have received a foreclosure notice in Pennsylvania, consider taking these steps:

• Read all legal documents carefully and keep copies of everything you receive
• Do not ignore foreclosure notices or court documents - respond by the stated deadlines
• Contact a HUD-approved housing counselor or the Pennsylvania Housing Finance Agency for immediate support
• Consult with a qualified Pennsylvania foreclosure attorney to review your case and explain your rights and options
• Gather documentation related to your mortgage, payment history, and any communications with your lender
• Explore options like loan modification, forbearance, or applying for assistance through HEMAP
• If bankruptcy is a consideration, discuss it with an attorney as it can impact the foreclosure process

Time is critical in foreclosure matters. Acting early and seeking appropriate legal advice can greatly improve your chances of protecting your home and financial future.