Lehigh Valley Foreclosure Defense

In Pennsylvania, mortgage lenders were required to give homeowners an Act 91 notice prior to filing a foreclosure action.  Borrowers were given 33 days to cure the default or apply for assistance through an emergency program that could provide money to help borrowers cure the mortgage arrears. If the borrower applied for assistance within 33 days, the foreclosure could not proceed until a decision was made on whether the borrower is eligible for emergency assistance. The program was recently suspended and lenders are no longer required to provide homeowners in default with the Act 91 notice prior to commencing a … Continue reading »

A lot of Pennsylvania homeowners who are facing foreclosure have contacted me regarding the lender’s ability to receive a default judgment if the lender files a foreclosure action. Most lenders do not pursue deficiency judgments since they understand that most borrowers in default simply do not have the assets or means to pay their mortgage, much less a deficiency judgment. However, if the lender is aware that a borrower has other assets, such as a second home with equity, the lender has the ability to pursue a deficiency judgment. A deficiency judgment cannot be obtained until after the lender obtains … Continue reading »

In Pennsylvania, a lender must file a complaint in mortgage foreclosure in court and obtain a judgment against a borrower prior to selling the borrower’s home at a sheriff’s sale. A foreclosure complaint would served upon the borrower and the borrower would be given twenty (20) days to respond. A complaint is typically served personally by sheriff and if the home is vacant, the lender can obtain the court’s permission to post notice of the foreclosure on the premises. If a foreclosure action is uncontested, a default judgment would be obtained. By contesting a foreclosure, the case would proceed to … Continue reading »