Understanding the Foreclosure Process in PA

One of the reasons the foreclosure process is so daunting for the average person is due to the fact that it is shrouded in mystery. Your bank or lender is not likely to explain it to you thoroughly, and if they do, expect plenty of legalese that is meant to steer you into more confusion.

At the Law Office of Michael P. Forbes, PC, I do my best to help my clients not only understand the foreclosure process in Pennsylvania but also prepare for it.

Breaking Down the Foreclosure Process and Timeline in PA

• Initial Notices
  In Pennsylvania, the process of foreclosure commences after you, the borrower, becomes at least 60 days late on their mortgage payments. Before the lender starts foreclosure, they will generally have to send out two letters through the mail to notify you of their intent to begin foreclosure soon.
  This is also the time you should contact a knowledgeable foreclosure defense attorney. Once the first letter is in your hand, you can start to figure out what the lender wants and how to challenge or delay it.
• Second Chances
  Upon reception of the first notice, you may have anywhere between two and four months to come up with a way to stop the foreclosure proceeding and avoid it altogether. With the help of your lawyer, you can look for an alternative to foreclosure, such as bankruptcy, loan modifications, or bringing the actual validity of the foreclosure into question.
• Lawsuits
  If you fail to find a solution, or cannot find one that works for you, to stop the foreclosure, the lender will file a lawsuit against you to come up with the amount due. When the lender goes to court, this is called a judicial foreclosure proceeding and will rely on the court’s final judgement for resolution. In most cases, the Court of Common Pleas in your county will have final jurisdiction, and may order that the property be sold as a publicly noticed sale.

Stay up to date on the current foreclosure and eviction process by visiting our blog.

How Long Does the Foreclosure Process Take?

There is no set timeline for a foreclosure in PA. The specifics of your case and the court’s agenda may add or subtract a few weeks from the timeline. Typically, you can expect 120 days to pass before an uncontested foreclosure is finalized.

Keep in mind that elongating the foreclosure process is not necessarily a bad thing. In many ways, it can be to your advantage as it gives you more time to work on your case, whereas your opposition, the lender, is probably too tied up in other foreclosure proceedings to use the extra time to their advantage. Always speak to your attorney to see if challenging or delaying the process is the right choice for you.

Time Limits and Sheriff Sales

You, the borrower, need to keep in mind that you have just 20 days to file an answer to a foreclosure complaint; otherwise, a notice of default can be entered. Before the notice of default can be filed, the lender must give you at least 10 days’ notice and another 30 days’ notice before the foreclosure sale can take place by the sheriff.

The sheriff will notify you by delivering a copy of the notice directly and by putting a handbill on the property itself. Furthermore, the sale of your home will be advertised weekly for three consecutive weeks in a local newspaper and legal publications.

The sale will be a public auction overseen by the county sheriff. Normally, 1 to 2 months will pass after the court order before the sale begins. The foreclosed property is auctioned to the highest bidder, whereby the sheriff completes necessary paperwork and officially transfers the ownership to the new owner.

After the sheriff sale has completed, the bank will request that the court order you to be evicted from the property. In most cases, all that is necessary for them to obtain an eviction order is proof that the title was transferred, which grants the new owner or lender the right to live on or control the property. In many cases, there are only a few days before the eviction process begins.

Alternatives to Foreclosure in Pennsylvania

Facing foreclosure can be overwhelming, but homeowners do have options. Depending on your financial situation, you may be able to prevent foreclosure through different legal and financial strategies.

Loan Modification

A loan modification allows you to adjust the terms of your mortgage to make payments more affordable. This can include:

• Lowering the interest rate
• Extending the loan term to reduce monthly payments
• Converting an adjustable-rate mortgage into a fixed-rate loan
• Adding missed payments to the loan balance

Short Sales

If your home is worth less than what you owe on your mortgage, a short sale may be an option. This means:

• Selling your home for less than the remaining mortgage balance
• Getting lender approval to forgive the remaining debt
• Avoiding foreclosure and minimizing damage to your credit

Deed in Lieu of Foreclosure

This option allows you to transfer ownership of your home to the lender instead of going through foreclosure. Benefits include:

• Stopping foreclosure proceedings
• Reducing or eliminating remaining mortgage debt
• Potentially receiving relocation assistance

Government Assistance Programs

There are several state and federal programs designed to help struggling homeowners. These may provide:

• Temporary financial assistance
• Refinancing options through government-backed loans
• Programs like Pennsylvania’s Homeowner Assistance Fund (PAHAF)

The Impact of Foreclosure on Your Credit Score

A foreclosure can have serious long-term consequences for your financial health. Understanding its impact can help you take steps to rebuild your credit.

How Foreclosure Affects Your Credit Rating

• A foreclosure can lower your credit score by 100 to 160 points or more
• It remains on your credit report for seven years
• It may make it harder to get approved for new credit, loans, or rental housing

How Long Foreclosure Stays on Your Credit Report

• Foreclosure remains visible on your report for seven years from the date of the first missed payment
• Its impact decreases over time, especially if you rebuild credit responsibly

Steps to Rebuild Your Credit After Foreclosure

• Pay bills on time – Late payments hurt your score the most
• Reduce debt – Keeping credit card balances low can help
• Apply for a secured credit card – Helps rebuild positive credit history
• Check your credit report – Ensure accuracy and dispute any errors

Understanding Deficiency Judgments in Pennsylvania

Even after a foreclosure, homeowners may still owe money if the sale of their home does not cover the remaining loan balance. This is known as a deficiency judgment.

What is a Deficiency Judgment?

• A deficiency judgment occurs when a home sells for less than the mortgage amount
• The lender may sue the borrower to recover the difference
• Pennsylvania law allows lenders to seek deficiency judgments after foreclosure

Can Lenders Sue for the Remaining Balance?

• Yes, lenders can file a lawsuit to collect the unpaid debt
• Borrowers may be held personally responsible for the remaining mortgage balance
• Some lenders may negotiate a settlement or forgive part of the debt

How to Fight or Negotiate a Deficiency Judgment

• Challenge the lender’s calculation – Ensure the debt amount is accurate
• Negotiate a settlement – Some lenders may accept a lump sum payment for less than what’s owed
• Declare bankruptcy – In some cases, filing for bankruptcy can eliminate a deficiency judgment

Frequently Asked Questions (FAQs)

Can I stop a foreclosure once the process has started?

• Yes, foreclosure can often be stopped, even after proceedings begin. Options like loan modifications, short sales, or filing for bankruptcy may help delay or prevent foreclosure altogether. It’s crucial to act quickly and consult an attorney.

Will I still owe money if my house is foreclosed on?

• It depends. If your home sells for less than what you owe, the lender may seek a deficiency judgment to collect the remaining balance. However, you may be able to negotiate a settlement or explore legal defenses to reduce or eliminate the debt.

Can foreclosure affect my ability to rent a home?

• Yes, many landlords conduct credit checks, and a foreclosure on your record may make it harder to get approved for a rental. Offering a larger security deposit or getting a co-signer may improve your chances.

How long do I have to move out after foreclosure?

• After a foreclosure sale, the new owner must file for an eviction order. This process can take weeks or months, depending on the situation. Some homeowners may qualify for cash-for-keys programs, where the lender offers money in exchange for a timely and orderly move-out.

Will foreclosure affect my ability to buy a home in the future?

• Yes, a foreclosure can stay on your credit report for up to seven years, making it harder to qualify for a mortgage. However, lenders may approve you sooner if you rebuild your credit and meet specific loan program requirements.

Can I sell my home while in foreclosure?

• Yes, selling your home before foreclosure is finalized is possible. A short sale may be an option if your home is worth less than what you owe. This requires lender approval but can help you avoid foreclosure's long-term financial damage.

Do I need an attorney to fight foreclosure?

• While not required, having an attorney can greatly improve your chances of stopping or delaying foreclosure. An experienced foreclosure defense lawyer can negotiate with lenders, challenge legal procedures, and explore alternatives to keep you in your home.

Need Legal Support? Call (610) 991-3321 Today

Once a house is sold in Pennsylvania, there is no right of redemption, and a deficiency judgement may be used against the borrower. This means that you may owe the difference between what the property sold for at auction and what you owed on the original loan. All in all, the consequences of foreclosure could absolutely devastate your future stability.

With the help of a reputable Philadelphia attorney like myself, you may be able to utilize several time- and trial-tested techniques to save your home and finances. My goal is to take control of the situation, evaluate all your options, and do everything in my power to get you to a comfortable, beneficial solution. If you have questions, I have the answers.