What Happens if a Sheriff’s Sale is Improperly Noticed in Pennsylvania?

A sheriff’s sale is one of the final stages of the foreclosure process and is often the last opportunity for homeowners to save their properties from being sold. Before a sheriff’s sale can commence, the relevant parties, including the homeowner, must be notified in accordance with strict legal rules and procedures.

If you are not properly notified of the sheriff’s sale before it happens, you and an attorney may be able to halt the sale, at least for a while. Multiple forms of notice are often sent, and if any notice is missing, the sheriff’s sale may be invalid. Your attorney can help you initiate legal action to halt the sale until the issue with the notice is corrected. This may give you more time to cure the default or come up with another solution to help you keep your home.

Contact our Pennsylvania foreclosure defense lawyers at Young, Marr, Mallis & Associates to request a free case review by calling (215) 701-6519.

What Are Notice Requirements Related to Sheriff’s Sales in Pennsylvania?

Notice requirements provide transparency in legal proceedings, such as foreclosure. Notice requirements prevent lenders or creditors from surprising homeowners, thereby giving homeowners a stronger chance to protect themselves legally.

Who Must Be Notified?

All parties involved in the foreclosure or who have an interest in the property being foreclosed must be notified. While homeowners are often required to be notified directly, lenders, creditors, and lienholders may not be. For example, a homeowner must receive a posted handbill in addition to Act 6 or 91 notices by registered mail. Lenders or creditors may receive notice through public notices, such as newspapers.

When Must Notice Happen?

For homeowners, notice must happen well in advance of the sheriff’s sale. Under the Loan Interest and Protection Law, the Act 6 Notice must be sent to the homeowner at least 30 days before the lender plans to initiate foreclosure proceedings.

Act 91 notices inform homeowners of their access to the Homeowners’ Emergency Mortgage Assistance Program (HEMAP). This notice must be sent by certified mail to the homeowner when they are 90 days delinquent with mortgage payments.

What Should I Do if I Did Not Receive Proper Notice Before a Sheriff’s Sale?

If you find yourself facing foreclosure but have not received any notice of the foreclosure, call a lawyer for help immediately.

Contact a Foreclosure Defense Lawyer

Call a lawyer who knows how to defend against unfair foreclosure proceedings. If notice is not served, or is served incorrectly, our Pennsylvania foreclosure defense lawyers can take action to halt the foreclosure process. While we might not be able to totally prevent the sheriff’s sale, we may be able to delay it. This may give us time to come up with a legal strategy to help you keep your house.

Gather Documentation and Evidence

Once you realize that the notice was not served, begin compiling all the documentation related to your home, mortgage, and the foreclosure that you have. Much of your case will likely revolve around documentation and paperwork. If we can prove that notice was served improperly, or perhaps not at all, we can delay the sheriff’s sale.

How to Stop the Sale

Again, we might not completely stop the sale simply because you did not receive proper notice. At best, we may delay the sale. However, this extra time may be used to determine how we can save your home.

For example, this may give us time to file for Chapter 13 bankruptcy. Under this Chapter, a court-ordered automatic stay would prevent foreclosure, and your home would not be seized and liquidated by a bankruptcy trustee. You may instead develop a payment plan to help you regain control of your debts, allowing you to keep your home.

FAQs About Improper Notice Before a Pennsylvania Sheriff’s Sale

When Must Notice Be Served Before a Sheriff’s Sale in Pennsylvania?

An Act 6 Notice that notifies the homeowner of the lender’s intent to foreclose must be served at least 30 days before the lender files the foreclosure complaint. An Act 91 Notice, which informs the homeowner of the HEMAP program, must be served when payments are approximately 90 days past due. The sheriff must post a physical handbill about the foreclosure on your property at least 30 days before the sale.

How is Notice Served Before a Pennsylvania Sheriff’s Sale?

Notice is served in several ways. Handbills must be posted on your property, usually on your front door. Notices under Act 6 and Act 91 must be sent to the homeowner by first-class mail or certified or registered mail.

What Happens if Notice is Not Properly Served Before a Sheriff’s Sale?

If notice is not served or it is served incorrectly, you may have legal grounds to challenge the sale. For example, if the sheriff posted a handbill on the wrong property or Act 6 or 91 notices were mailed to the wrong address, your lawyer can help you block the sheriff’s sale.

Do I Need a Lawyer Before a Sheriff’s Sale?

Yes. Even if you cannot save your home from foreclosure, you still need an attorney to protect you. Lenders and creditors might still be coming after you for unpaid debts, and your attorney can help you protect yourself and whatever other assets you have. Additionally, your attorney should be able to determine whether the foreclosure process went wrong and, if so, halt the process.

Can I Stop a Sheriff’s Sale for a Lack of Proper Notice?

Possibly. If you do not receive notice, or notice is served improperly, your attorney can help stop the sheriff’s sale, at least temporarily. If the sale has already occurred, your lawyer may help you overturn the sale. This tends to delay rather than completely stop the sale. However, it may buy you more time to consult with your lawyer about how you can save your home from foreclosure.

How Can I Prevent a Sheriff’s Sale of My Property?

One way to stop a sheriff’s sale is to file for bankruptcy. The bankruptcy court will impose an automatic stay that halts any pending legal action, including foreclosures. It also prevents lenders and creditors from initiating new legal action, at least until the automatic stay is lifted. Many homeowners file for bankruptcy, regain control over their debts, and save their homes from foreclosure.

Get Legal Help from Our Pennsylvania Foreclosure Defense Attorneys

Contact our Philadelphia foreclosure defense lawyers at Young, Marr, Mallis & Associates to request a free case review by calling (215) 701-6519.