Philadelphia County Foreclosure Defense

Philadelphia County Foreclosure Defense Attorney

A Foreclosure Complaint Filed Against You Does Not Have to Mean the End

Pennsylvania is a judicial foreclosure state. That means your mortgage lender generally cannot take your home without filing a lawsuit and obtaining a court order first. If you have received a demand letter, an Act 91 Notice, or a complaint filed in the Philadelphia Court of Common Pleas, you still have legal options, but the window to act closes quickly. Law Office of Michael P. Forbes, PC is ready to help you exercise these options.

A lender cannot begin the foreclosure process until you are more than 120 days delinquent on your mortgage.

Once a foreclosure complaint is served on you, you generally have 20 days to file a written response under Pennsylvania court rules.
After receiving an Act 91 Notice, you have 33 days (30 days plus 3 days for mailing) to meet with a PHFA-approved counseling agency and potentially pause the foreclosure process.
If you complete that counseling meeting, the lender generally cannot take legal action for at least 30 days following the meeting.

Call (610) 991-3321 or reach us online today.

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 today.

Our Services

Matters We Handle

Meet Attorney Michael P. Forbes: The Man Behind Your Foreclosure Defense

Attorney Michael P. Forbes built his career defending Pennsylvania families, starting with low-income clients in the Philadelphia family court system before dedicating more than three decades to consumer law and foreclosure defense. He is not new to Philadelphia courts. He knows how cases move through the First Judicial District, and he brings that institutional knowledge directly to your defense.

Forbes won U.S. Bank National Association v. Pautenis, a landmark Pennsylvania foreclosure case that courts across the state continue to cite in favor of homeowners.
He has been named a Top Lawyer by Main Line Today Magazine in 2026.
He is a member of both the National Association of Consumer Advocates and the National Consumer Law Center.

At Law Office of Michael P. Forbes, PC, we start from a simple premise: Financial hardship is not a character flaw; it is a circumstance. Banks and mortgage servicers have teams of lawyers. You deserve one too. We treat every client with the discretion and respect they deserve, and we fight to make sure institutional power does not go unchallenged.

Defense Strategies We May Pursue on Your Behalf

After reviewing your loan documents, payment history, and the foreclosure complaint, we identify every viable avenue of defense.

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.

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.

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 must vacate the property.

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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.