Challenging Procedural Defects
Pennsylvania law requires lenders to follow specific pre-foreclosure and service procedures, including providing required notices and properly serving the complaint. If these requirements are not followed, you may have grounds to challenge or delay the foreclosure.
Loan Modification Negotiation
We can help you gather the income documentation and hardship evidence that mortgage servicers require and communicate with the lender's attorneys on your behalf while pursuing new repayment terms that are realistic for your household.
Challenging Mortgage Assignment Errors
If your mortgage has been transferred between lenders, we’ll review the documentation for potential issues. In some cases, defects in the assignment history may be relevant to the defense, depending on the specific facts and applicable law.
Requesting Forbearance or Repayment Plans
In some cases, a forbearance agreement or structured repayment plan may help resolve the default without litigation. These options depend on lender approval and may still affect your credit.
Filing a Formal Answer & Raising Defenses
We file a timely response to the foreclosure complaint, raise applicable defenses, and monitor court deadlines to help protect your rights and avoid a default judgment where possible.
Bankruptcy as a Last Resort
In some situations, filing for bankruptcy may trigger an automatic stay that temporarily halts foreclosure activity, including a scheduled sheriff’s sale, while debts are addressed through the bankruptcy process.
How the Foreclosure Process Works in Bucks County, PA
Because Pennsylvania is a judicial foreclosure state, most mortgage foreclosures are handled through the Court of Common Pleas of Bucks County, the 7th Judicial District, located at 100 North Main Street in Doylestown.
Step 1:Pre-Foreclosure
Missed Payments & Act 91 / Act 6 Notice
Before a foreclosure lawsuit is filed, Pennsylvania law generally requires the lender to send pre-foreclosure notices, including an Act 6 notice and, for eligible homeowners, an Act 91 notice explaining possible HEMAP assistance. These notices generally explain the default, the amount needed to cure it, and, where applicable, the homeowner’s right to seek help through the Homeowners’ Emergency Mortgage Assistance Program (HEMAP), administered by the Pennsylvania Housing Finance Agency.
If you meet with a PHFA-designated counseling agency within 33 days of the Act 91 Notice, you may be able to place the foreclosure process on hold while HEMAP options are reviewed.
Step 2: Lawsuit Filed
Complaint Filed in Bucks County Court of Common Pleas
If the default is not resolved, your lender may file a mortgage foreclosure complaint with the Bucks County Court of Common Pleas. The complaint sets out the lender’s allegations about the mortgage, the default, and the amount claimed to be due. A Bucks County Sheriff will serve the complaint on you personally or at your residence.
After service of the complaint, you generally have 20 days to file a written response.
Step 3: Court Program
Bucks County Mortgage Foreclosure Diversion Program
Bucks County has a court-supervised Mortgage Foreclosure Diversion Program for owner-occupied rental properties. Homeowners are directed to contact the court-designated foreclosure diversion hotline for assistance, and housing counseling may be available through approved counseling agencies. Once the court enters an Order for Conference, other proceedings in the foreclosure case are stayed until at least 20 days after the conciliation conference.
The conciliation conference is conducted through the court’s diversion process to help the parties explore possible loss-mitigation options, such as loan modification, repayment arrangements, or forbearance.
Step 4: Judgment Risk
Default Judgment & Order to Sell
If you do not file a timely response and the case is not otherwise resolved, the lender may seek a default judgment under the applicable court rules. If judgment is entered and the case proceeds, the sheriff’s sale process may be scheduled, and public notice must be given in the manner required by law.
Even at this stage, there may still be limited options available, but they narrow significantly as the sale date approaches.
Step 5: Final Stage
Bucks County Sheriff's Sale
In Bucks County, sheriff’s sales are conducted by the Sheriff after the required public notices are given, and the property is then sold through that public sale process. At the sale, the property is sold to the highest bidder. In some circumstances, a creditor may seek to recover a remaining balance after sheriff’s sale, but Pennsylvania’s Deficiency Judgment Act imposes additional procedures, including fair-market-value rules. Pennsylvania law provides a procedure to ask the court to determine the property’s fair market value, which can affect any claimed deficiency.
After the sale is completed, the former owner generally has no right of redemption under Pennsylvania law and will be required to vacate the property.
Mistakes That Can Cost You Your Home
- Ignoring the complaint or court notices.
Once a foreclosure complaint is served, you generally have 20 days to respond. Failing to respond may allow the lender to pursue a default judgment under court rules. - Speaking directly with the lender's attorney without legal guidance.
The lender's counsel represents the lender's interests, not yours. Agreeing to terms or making statements without understanding their legal implications can affect your case and your rights. - Making informal payments or submitting documents without records.
Keeping clear records of any payments or documents you submit is important. Errors or delays in processing can occur, and written documentation helps protect your position. - Vacating the property too early.
Leaving the property before the foreclosure process is complete may affect eligibility for certain assistance programs that require owner occupancy and could impact your available options. - Waiting until a sheriff's sale is already scheduled. Hiring a foreclosure defense attorney early can expand the options available to you. Options like loan modifications, the Diversion Program, and HEMAP assistance all require time to pursue properly.
FAQs
Can I stop a foreclosure in Bucks County?
In some cases, it may be possible to delay or resolve a foreclosure. Pennsylvania’s judicial foreclosure process provides opportunities to respond to the complaint, participate in programs like the Bucks County Diversion Program, pursue loss mitigation options, or, in some situations, seek bankruptcy protection.
What is HEMAP and does it apply to my situation?
HEMAP—the Homeowners' Emergency Mortgage Assistance Program—is a state-funded loan program administered by the Pennsylvania Housing Finance Agency (PHFA). It was created to help Pennsylvania homeowners who, through no fault of their own, are unable to make mortgage payments and face foreclosure. If you receive an Act 91 Notice, you generally have 33 days to meet with a PHFA-approved counseling agency. Taking this step may allow the foreclosure process to be temporarily paused while your eligibility for assistance is reviewed.
What if a sheriff's sale has already been scheduled?
Options may still exist depending on the timing and circumstances. These can include requesting a postponement, pursuing loss mitigation, or, in some cases, filing for bankruptcy protection, which may temporarily halt the sale.
How does foreclosure affect my credit, and does a short sale help?
A foreclosure can remain on your credit report for up to 7 years, depending on how it is reported. A short sale—where the lender agrees to accept less than the full balance—may have a different credit impact, but results vary by situation. In Pennsylvania, short sales can occur before or during the foreclosure process, depending on lender approval.
The Sooner You Call, the More We Can Do For You
We serve homeowners throughout Bucks County, including Doylestown, Newtown, Langhorne, Bristol, Levittown, New Hope, Quakertown, and the surrounding communities.
Get started by calling (610) 991-3321 or submit a contact form here.
