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Bucks County Foreclosure Defense

Bucks County Foreclosure Defense Attorney

If You Received a Foreclosure Notice, Demand Letter, or Complaint Filed in the Court of Common Pleas, You Still Have Options

Pennsylvania is a judicial foreclosure state, meaning most mortgage lenders must file a lawsuit and obtain a court order before foreclosing on a home. Whether you are in the early stages of missed payments or already facing a scheduled sheriff's sale, Law Office of Michael P. Forbes, PC is here to help.

Did you know? 

  • The foreclosure process cannot begin until you are more than 120 days delinquent on your mortgage loan obligation.

How We Defend Your Home

Law Office of Michael P. Forbes, PC will review your loan history, payment records, notices, and the foreclosure complaint to evaluate potential legal options. Based on that review, we’ll identify strategies that may be available in your situation.

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. 

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.

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.

Our Valued Clients Share Their Stories

    I trust Michael and as a result I highly recommend him.
    “He delivers results, and he also clearly cares about the people he represents.”
    - Heather C.
    If you need a great legal point man, Michael Forbes is the best!
    “He Got Me Out of a Financial Mess”
    - Jerry Timlin
    Focused on the best outcomes for my family and our business!
    “I want to thank Michael for his advice on several business and personal matters. I appreciate his intimate knowledge with the law and real-life workings of the legal system, his patience explaining best options, and his desire to achieve practical goals.”
    - TH

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Why We're the Right Choice

  • Committed
    My firm is proud to deliver high-quality legal representation and compassionate counsel during this difficult time.
  • Proactive

    My goal is to reach as many people as possible to let them know that they do have the option to keep their home and protect their credit.

  • Knowledgeable

    Over 35+ years of experience and the qualifications to fight for you and your rights.

  • Power

    We’ll Fight for You! Don’t Let the Bank Take Your Home.