Philadelphia Foreclosure Defense Attorney

The Foreclosure Process

In the state of Pennsylvania, the process of foreclosure commences after the borrower becomes at least 60 days late on their mortgage payments. Before the lender starts foreclosure, it generally mails out two letters that notify the borrower of the upcoming foreclosure proceedings.

Once the borrower receives the first notice of impending foreclosure, they typically have around 2 to 4 months to come up with a way to stop the foreclosure proceeding. If your home is facing foreclosure, a Philadelphia foreclosure defense attorney will be your first line of defense in preventing foreclosure proceedings.

If the borrower fails to find a solution to stop the foreclosure proceeding, then the lender will file a lawsuit against the borrower to come up with the amount that is due. When the lender goes to court, it is referred to as a judicial foreclosure proceeding, in which case the court issues the final judgment of foreclosure. Upon the final judgment, the property will be sold as a publicly noticed sale. Who has jurisdiction over a foreclosure? To find jurisdiction, it will be the Court of Common Pleas in the county where the foreclosure property is located.

How long does the foreclosure process take?

It all depends on the court's schedule; however, on average it can take 120 days or more for an uncontested foreclosure to go through. The foreclosure process can take longer if the borrower contests the foreclosure, if the borrower files for bankruptcy, or if the borrower seeks any adjournments or other hearings.

A borrower needs to keep in mind that they have just 20 days to file an answer to a foreclosure complaint; otherwise a notice of default is entered. Before notice of default is entered, the lender is required to give the borrower at least 10 days notice and another 30 days notice before the foreclosure sale can take place by the Sheriff.

The county sheriff will give the borrower notice of the foreclosure sale at least thirty days prior to the sale date. The sheriff will notify the borrower by delivering a copy of the notice directly to the borrower and by putting a handbill on the property itself. Furthermore, the sale of the home will be advertised weekly for three consecutive weeks in a local newspaper as well as a local legal newspaper.

The sale itself is a public auction which is overseen by the county sheriff. The sale will take place anywhere from 1 to 2 months following the official court order. The foreclosure property is auctioned off to the highest bidder, whereby the sheriff completes the necessary paperwork and the official transfer of ownership over the property.

After the sheriff sale has taken place, the bank will go ahead and request that the court order the former owners or any current unlawful occupants to be evicted from the home. In most cases, all that is necessary to obtain an eviction order is proof that the title was transferred on the day of the sheriff sale. In such case, the new owner (lender) has the legal right to determine who can live on the property. After the sheriff sale has taken place, the eviction process is generally conducted very shortly thereafter.

Philadelphia Foreclosure Defense Lawyer

In the state of Pennsylvania, there is no right of redemption once the house is sold and the state does allow for a deficiency judgment against the borrower. This means that the borrower owes the difference between what the property sold for at auction and what the borrower owed on the original loan.

There are several time-proven techniques to fighting foreclosure. At my firm, the Law Office of Michael P. Forbes, PC, I offer a variety of foreclosure defense services that may help you take control of your situation. I can provide you with the answers you need to make an intelligent and informed decision about your foreclosure matter.

To learn more about your foreclosure defense options, contact a Philadelphia foreclosure defense attorney from our firm today.