Foreclosure Defense in Bryn Mawr

Pennsylvania Act 91 & Act 6 Foreclosure Notices

Before filing most residential foreclosure cases, Pennsylvania law generally requires a lender to send the applicable notice and allow the waiting period to expire. An improperly sent notice or an early filing may provide grounds to challenge the complaint.

Act 91 Notice Requirements

In most residential cases, a lender sends an Act 91 notice when the borrower is at least 60 days behind or has violated another mortgage provision. It states that the loan is in default, identifies the amount owed, and provides 30 days plus three days for mailing to meet with a consumer credit counseling agency.

The notice isn’t required in every case. Exceptions can apply when the borrower is more than 24 months in arrears, the arrearage exceeds $60,000, or specified conditions involving an earlier notice and prior assistance are present. The loan history and earlier notices should be reviewed before assuming an exception applies.

Act 6 Notice Requirements

When Act 91 doesn’t apply, a covered residential mortgage generally requires 30 days’ written notice before the lender files a complaint. The type of loan, the property, and the borrower’s circumstances determine which statutory rules govern.

A homeowner may challenge a complaint through preliminary objections when a required Act 91 notice wasn’t properly sent or the filing occurred before the waiting period ended. Preliminary objections are formal court filings that raise legal or procedural defects before the case proceeds to its merits.

Response Deadlines & Sheriff’s-Sale Notices

The court handling a Bryn Mawr property depends on its precise location because properties with a Bryn Mawr address can fall within different local jurisdictions. The foreclosure complaint is filed in the Court of Common Pleas serving the county where the property is located.

A homeowner generally has 20 days to respond after a foreclosure complaint is served. If no answer is filed, the lender must provide a written 10-day notice of its intent to seek a default judgment. Waiting until a judgment or sale is imminent can narrow the practical options.

Sheriff’s-sale notice involves handbills, publication, and written notice to the people identified in the required affidavit. The handbills must be posted at the sheriff’s office and on the property at least 30 days before the sale. Compliance should be assessed against the facts and court record in the individual case.

Foreclosure Alternatives & Post-Sale Issues

Different legal tools apply at different stages. Court defenses examine the lender’s right to foreclose and its compliance with the law, while a deed in lieu transfers the property to the lender. Bankruptcy may provide relief in some circumstances, but I generally consider it only after evaluating the available non-bankruptcy options.

After a sale, I address defense against eviction after foreclosure, credit-impact questions, and deficiency judgments. A deficiency judgment concerns the unpaid balance that may remain after the sale proceeds are applied to the debt.