Challenging Procedural & Notice Defects
Pennsylvania requires lenders to follow strict pre-foreclosure procedures, including proper service of the complaint and delivery of required notices. Failure to comply with these requirements may give you grounds to challenge or delay the foreclosure proceeding.
Loan Modification Negotiation
We help you gather the financial documentation required by mortgage servicers, communicate with opposing counsel on your behalf, and advocate for modified repayment terms that reflect your household's actual financial situation.
Reviewing Mortgage Assignment History
It isn’t uncommon for securitized loans to change hands; when this happens with a mortgage, the chain of assignments must be properly documented. We review that history for defects that may be legally relevant to your defense under the specific facts of your case.
Forbearance & Repayment Arrangements
Depending on lender approval and your circumstances, a structured repayment plan or forbearance agreement may allow you to resolve the default without further litigation, though these options can still carry credit consequences.
Filing a Timely Answer & Asserting Defenses
We prepare and file a formal written response to the complaint, raise applicable defenses under Pennsylvania law, and track all court deadlines to protect you from a default judgment.
Bankruptcy as a Last Resort
In certain situations, a bankruptcy filing may trigger an automatic stay that temporarily halts foreclosure activity (including a scheduled sheriff's sale) while your debts are reorganized or discharged through the bankruptcy process.
How the Foreclosure Process Works in Philadelphia County
Step 1: Pre-Foreclosure
Missed Payments & Act 91 / Act 6 Notice
Before filing a lawsuit, Pennsylvania law generally requires lenders to send pre-foreclosure notices. For eligible homeowners, this includes an Act 91 Notice informing you of the default, the amount required to cure it, and your right to seek assistance through the Homeowners' Emergency Mortgage Assistance Program (HEMAP), administered by the Pennsylvania Housing Finance Agency (PHFA). An Act 6 notice may also be required depending on the mortgage terms.
If you meet with a PHFA-designated counseling agency within 33 days of receiving your Act 91 Notice, the lender generally cannot proceed with legal action until at least 30 days after that meeting.
Step 2: Lawsuit Filed
Complaint Filed in the Philadelphia Court of Common Pleas
If the default is not resolved during the pre-foreclosure period, the lender may file a mortgage foreclosure complaint with the Philadelphia Court of Common Pleas. The complaint will describe the mortgage, allege the default, and state the amount claimed to be owed. Service is made by the Philadelphia Sheriff on you personally or at your residence.
Once the complaint is served, you generally have 20 days to file a written response. Missing this deadline can allow the lender to seek a default judgment.
Step 3: Court Program
Philadelphia Residential Mortgage Foreclosure Diversion Program
Philadelphia County operates one of Pennsylvania's most established foreclosure diversion programs. The Residential Mortgage Foreclosure Diversion Program, which has served Philadelphia homeowners for years, requires lenders to participate in court-supervised conciliation conferences before the case can move forward. Once a case is enrolled in the program, proceedings in the underlying foreclosure action are generally stayed pending the outcome of the conciliation process.
The conciliation conference is an opportunity—with the assistance of trained housing counselors and the court—to explore loss mitigation options. These may include loan modification, repayment plans, and forbearance.
Step 4: Judgment Risk
Default Judgment & Order to Sell
If you fail to respond to the complaint and the case is not otherwise resolved through the diversion program or loss mitigation, the lender may pursue a default judgment under applicable court rules. A judgment in the lender's favor can lead to a scheduled sheriff's sale of your property.
The further the case progresses without intervention, the narrower your options become. Contact us before this stage if possible.
Step 5: Final Stage
Philadelphia Sheriff's Sale
Sheriff's sales in Philadelphia County are conducted by the Philadelphia Sheriff’s Office following the required public notice process. The property is sold to the highest bidder at a public sale. Pennsylvania's Deficiency Judgment Act imposes specific procedures, including fair-market-value rules, on any lender seeking to recover a remaining balance after the sale.
Once a Philadelphia sheriff's sale is completed, the former owner generally has no right of redemption under Pennsylvania law and will be required to vacate the property.
Dos & Don’ts to Protect Your Home
Don’t ignore the complaint or any court notices. Once the foreclosure complaint is served, you have 20 days to respond. Doing nothing may allow the lender to obtain a default judgment without further involvement from you or the court.
Do keep records of payments and correspondence. Any payments you make or documents you send should be thoroughly documented. Processing errors do occur, and having a paper trail can be critical to your defense.
Don’t negotiate directly with the lender's attorney. The attorney representing the lender is there to protect the lender's interests. Any statements you make or informal agreements you reach without legal guidance can affect your rights in ways that are difficult to undo.
Do remain at living at the property until the process is final. Some loss mitigation and assistance programs require owner-occupancy as a condition of eligibility. Vacating too early may affect your access to options that could otherwise have helped you.
Don’t wait until a sheriff's sale is scheduled to call an attorney. Philadelphia's Residential Mortgage Foreclosure Diversion Program, HEMAP assistance, and loan modification negotiations require adequate time to pursue.
Frequently Asked Questions
Can I stop a foreclosure in Philadelphia County?
Stopping a foreclosure completely depends on your case, but it is often possible to delay, restructure, or resolve one through legal action. Philadelphia's judicial foreclosure process and its Residential Mortgage Foreclosure Diversion Program both provide meaningful opportunities to intervene before a sheriff's sale occurs. Other tools, including loss mitigation negotiations, formal defenses to the complaint, and, where appropriate, bankruptcy protection, may also be available.
Do I qualify for HEMAP?
HEMAP, the Homeowners' Emergency Mortgage Assistance Program, is a state-funded loan program administered by the Pennsylvania Housing Finance Agency designed to help Pennsylvania homeowners who, through no fault of their own, can no longer afford their mortgage payments. If you receive an Act 91 Notice, you have 33 days to meet with a PHFA-approved counseling agency. Completing that step may pause the foreclosure process while your eligibility for HEMAP assistance is reviewed.
What is Philadelphia's Foreclosure Diversion Program?
Philadelphia County's Residential Mortgage Foreclosure Diversion Program is a court-supervised process that requires lenders and homeowners to participate in conciliation conferences before a foreclosure case can proceed to judgment. The program is designed to help the parties explore alternatives to foreclosure, including loan modifications and repayment plans, with the assistance of trained housing counselors. Cases enrolled in the program are generally stayed during the conciliation process.
Is it too late if a sheriff's sale is already scheduled?
Not necessarily. Depending on how much time remains before the sale, options may include pursuing postponement, submitting a loss mitigation application, or filing for bankruptcy protection, which may temporarily halt the scheduled sale through an automatic stay.
How does foreclosure affect my credit?
A foreclosure can remain on your credit report for up to 7 years, depending on how it is reported. Other outcomes, like a short sale, may carry different credit implications, though results vary depending on the facts and lender policies. Pennsylvania law permits short sales to occur before or during the foreclosure process, subject to lender approval.
Call for Fast Foreclosure Defense in Philadelphia County
We represent homeowners throughout Philadelphia County, including Center City, Northeast Philadelphia, South Philadelphia, West Philadelphia, Germantown, Roxborough, Manayunk, Kensington, Fishtown, and surrounding neighborhoods.
Call (610) 991-3321 or submit a contact form to speak with
