FREQUENTLY ASKED QUESTIONS


This page is only intended to provide basic information about the following subject matters.  This information is not intended to be legal advice, substitute the advice of an attorney, nor create an attorney / client relationship. 


Q: "What is a mortgage foreclosure?"

A: In Pennsylvania, mortgage lenders go to court in what is known as a judicial mortgage foreclosure proceeding where the court must issue a final judgment of foreclosure which allows the mortgage lender to sell the property at a Sheriff's Sale. The property is then sold as part of a publicly noticed Sheriff's Sale.


Q: "What happens if I recieve a Complaint in Mortgage Foreclosure?"

A: The first thing to do is to immediately contact an attorney who is experienced with Mortgage Foreclosure Defense.  It is very important that the right defenses to a foreclosure action be asserted first or else they may be waived.  But generally, A defendant has 20 days in which to file an answer or preliminary objections to a complaint in mortgage foreclosure, otherwise default will be entered. The defaulting borrower must be given at least 10 days notice before default is entered and there must be a 30 day notice before a foreclosure sale can take place by the Sheriff. Further, there are additional pre-foreclosure notice requirements that are required to be complied with by the mortgage lenders before initiating a foreclosure action.     


Q:  "What are my options if I am in Mortgage Foreclosure?"

A: There are many options available to save or dispose of your home.  The most important thing to do is to get advice from a licensed Pennsylvania Attorney for all of your options and not one of the MANY SCAMS out there. But off the bat, some of the options are to retain your home, a deed in lieu of forclosure, a short sale, bankruptcy, loan modification, pay back arrearages, etc.  However, there are serious  pros and cons with each one of these options and it is extremely important to get unbiased advice before making any one of the above listed decisions.   


Q:  "How long do I have once the Mortgage Foreclosure Process starts?"

A: The answer to this question varies greatly depending upon which attorneys are handling the foreclosure action, what county the foreclosure action is in, and how well the Complaint in Mortgage Foreclosure is drafted, but the odds are you have between eight and sixteen months before a judgment is entered.