Bala Cynwyd, PA Mortgage Foreclosure Defense Lawyer

A missed payment turns into a letter from the lender, and suddenly there is a clock running on your house in Bala Cynwyd. Young, Marr, Mallis & Associates handles bankruptcy, criminal defense, and disability cases for clients in Montgomery County and across southeastern Pennsylvania, and our bankruptcy lawyers help homeowners facing foreclosure look at every option still on the table. If you are searching for a Bala Cynwyd, PA mortgage foreclosure defense lawyer, the most useful thing to know is that Pennsylvania gives homeowners real tools, and several of them expire quickly.

Foreclosure in Pennsylvania is not a single event. It is a sequence: a missed payment, a notice from the lender, a window to seek state assistance, and only then a lawsuit. Each stage has its own deadlines, and the choices you make early determine how many choices you have later.

Below, we walk through the notice Pennsylvania lenders must send, the state program that can freeze a foreclosure, how bankruptcy interacts with a mortgage default, and what to do this week if you have papers in hand.

Why Choose Young, Marr, Mallis & Associates for Foreclosure Defense

Young, Marr, Mallis & Associates has more than 40 years of experience in bankruptcy, criminal defense, and disability law. Our bankruptcy attorneys have helped clients in more than 15,000 bankruptcy cases, handling both Chapter 7 and Chapter 13 filings for individuals and families throughout Montgomery, Philadelphia, Bucks, Delaware, Chester, Lehigh, Northampton, and Dauphin Counties in Pennsylvania, and Burlington, Mercer, and Middlesex Counties in New Jersey. We offer free confidential consultations, so you can learn where you stand before committing to anything.

That volume matters for foreclosure work because the strongest foreclosure defense often runs through a Chapter 13 repayment plan. Our attorneys evaluate income, assets, debts, and long-term goals before recommending a path, rather than steering every homeowner to the same solution. The firm has earned Avvo Superb ratings and the American Institute of Bankruptcy Attorneys 10 Best Client Satisfaction Award, and our attorneys have been featured in The New York Times and The Philadelphia Inquirer.

Clients consistently describe the same things: bankruptcy explained clearly from beginning to end, calls that get answered, and follow-up when questions come up. One client wrote that our attorney took the time to explain every detail of the bankruptcy proceedings. Attorneys at the firm are backed by paralegals, legal assistants, and administrative staff who keep your case moving and keep you informed. And because we are a trial-ready firm that handles hard cases, creditors and their counsel know we will not simply accept their terms.

Common Paths That Lead to a Foreclosure Filing in Montgomery County

• Job loss or reduced hours: Layoffs and cut schedules are the most common reason a current mortgage becomes a delinquent one. A Chapter 13 plan can spread the missed payments over time while you keep making the regular payment.
• Medical bills and illness: A health crisis can drain savings and income at once. If a condition keeps you from working, a Social Security Disability claim may be part of the larger financial plan, and our firm handles those too.
• Divorce or separation: One income now carries a mortgage that was sized for two. Lenders do not adjust for this, so the arrears build fast without a plan.
• Adjustable rates and rising costs: Higher interest, property taxes, and insurance escrow increases can push a payment past what a household budget supports.
• Self-employment and business downturns: Irregular income makes steady payments hard, and business debt often sits alongside the mortgage, which makes a full financial review worthwhile.
• Second mortgages and home equity lines: Junior liens add pressure and may be treated differently in bankruptcy than the first mortgage, so the structure of your loans matters.
• Judgments and tax liens: Other creditors can attach to your home, complicating a workout with the mortgage lender.

The Act 91 Notice and HEMAP: Pennsylvania’s Built-In Foreclosure Pause

Before a Pennsylvania lender can start a foreclosure on your home, it must send an Act 91 Notice. This notice is easy to mistake for routine junk mail. Do not. It is the document that starts several deadlines, and it explains that you may qualify for help through the Homeowners’ Emergency Mortgage Assistance Program, known as HEMAP.

The notice directs you to meet with a housing counseling agency within 33 days of the date printed on it. You also have 30 days, plus three days for mail delivery, from that same date to apply to HEMAP. After you meet with a counselor, the counselor has 30 days to submit your application, and HEMAP then has 60 days to decide it.

Here is why this matters for defense: while the HEMAP process is moving on time, the lender cannot take foreclosure action. Act 91 also prohibits a lender from conducting foreclosure proceedings during the application process. Homeowners who ignore the notice lose that protection and often end up with a complaint filed against them months earlier than necessary. If you received an Act 91 Notice, the date on its face is your starting line. Bring it to a consultation immediately.

How Bankruptcy Stops and Reshapes a Foreclosure

Filing bankruptcy triggers an automatic stay, which pauses most collection activity, including a pending foreclosure, wage garnishment, and lawsuits. The stay is the fastest tool available when a sheriff’s sale is close. But it is a pause, not a cure. What happens next depends on the chapter.

Chapter 13 is the chapter most associated with saving a home. It lets you repay mortgage arrears through a plan over time while keeping current on regular payments, and it can also address other debts that were competing with the mortgage for your paycheck. Chapter 7 can eliminate qualifying unsecured debt such as credit cards and medical bills, which may free up income to catch up on the mortgage, but it does not by itself erase a mortgage lien or cure arrears. Whether Chapter 7 fits depends on your income, the equity in the home, and how far behind you are.

Exemptions matter too. Pennsylvania did not opt out of the federal exemption scheme, so a filer may choose either the federal exemptions or the Pennsylvania set, but cannot mix the two. Pennsylvania has no standard homestead exemption, which means the choice of exemption set and the amount of equity in your home deserve careful review before any filing. Bankruptcy cases for Montgomery County residents are handled in the Philadelphia Division of the United States Bankruptcy Court for the Eastern District of Pennsylvania, which also covers Bucks, Delaware, Philadelphia, and Chester Counties.

What to Do This Week If You Are Behind on Your Mortgage

Start by finding every piece of paper you have received from your lender or its attorneys, and sort them by date. The Act 91 Notice is the one to look for first, because its date controls your HEMAP and counseling deadlines. If you have a court complaint or a notice of a sheriff’s sale, set those aside too; they carry their own response deadlines, and a missed one can lead to a default judgment.

Next, call a housing counseling agency if your Act 91 window is still open, and call our office for a free consultation at the same time. The two are not in conflict. Counseling preserves your HEMAP rights, and a bankruptcy attorney can tell you whether a filing would strengthen or complicate that path. Gather recent pay stubs, your mortgage statements, a list of your other debts, and your last tax return so the consultation can focus on real numbers.

Avoid the common mistakes. Do not ignore lender letters in the hope that silence buys time. Do not pay a company that promises to stop your foreclosure for an upfront fee. Do not sign loan modification papers without understanding what they add to your balance or what rights they waive. And do not wait for the sheriff’s sale notice to seek help; options narrow sharply by that point. A foreclosure lawyer serving Bala Cynwyd and the surrounding Montgomery County communities can usually do the most when contacted early.

Questions Homeowners Ask About Foreclosure Defense

Can a lawyer actually stop a foreclosure in Pennsylvania?

Often, yes, at least long enough to change the outcome. Tools include asserting rights under Act 91, challenging defects in the lender’s notice or paperwork, negotiating a loan modification or repayment arrangement, and filing bankruptcy, which triggers an automatic stay. Which tool works depends on your timeline and finances.

What is an Act 91 Notice?

It is a notice Pennsylvania lenders must send before starting foreclosure. It tells you about HEMAP, directs you to meet with a counseling agency within 33 days, and starts the clock for applying to the program.

What is HEMAP and who can use it?

HEMAP is the Homeowners’ Emergency Mortgage Assistance Program created under Act 91 of 1983. It may provide financial assistance to eligible Pennsylvania homeowners who are behind on their mortgage. You apply through a counseling agency, and the lender generally cannot proceed with foreclosure while your timely application is pending.

Will filing bankruptcy stop a sheriff’s sale?

The automatic stay takes effect when the petition is filed and generally halts the sale. Timing matters, so file as early as you can rather than the day before a sale date.

Do I have to choose between Chapter 7 and Chapter 13?

You file under one chapter at a time, and the right one depends on your goals. Chapter 13 is typically used to catch up on missed mortgage payments over a plan period, while Chapter 7 is aimed at wiping out qualifying unsecured debt. An attorney can compare them against your income and equity.

Can I keep my house if I file Chapter 7?

Sometimes, but Chapter 7 does not cure mortgage arrears. If you are current or can catch up, and your equity is protected by the exemptions you select, you may keep the home. If you are significantly behind, Chapter 13 is usually the stronger home-saving option.

What happens if I ignore a foreclosure complaint?

The lender can ask the court for a default judgment, which speeds the path toward a sheriff’s sale. Responding on time keeps your defenses and your negotiating leverage alive.

Can bankruptcy stop wage garnishment tied to a mortgage deficiency or other debt?

Yes, the automatic stay covers wage garnishment as well. Separately, Pennsylvania law generally shields wages from attachment while they are in the employer’s hands, subject to listed exceptions such as support and certain criminal restitution and fines, so the rules differ depending on the type of creditor.

Is it worth hiring a lawyer if I am only a couple of payments behind?

Often it is, because early is when you have the most options. A short delinquency may still trigger an Act 91 Notice and its deadlines, and a lawyer can help you use HEMAP or a repayment arrangement before the arrears grow.

How long can I stay in the home during foreclosure?

There is no single answer. It depends on where your case stands, whether you respond to the complaint, whether a HEMAP application or bankruptcy pause is in place, and how the lender proceeds. A review of your documents is the only way to give you a realistic estimate.

Do I still owe money if the house sells for less than I owe?

It can be possible for a lender to pursue a deficiency, depending on the loan and circumstances. Bankruptcy can sometimes discharge that personal liability, which is another reason to speak with an attorney before a sale occurs.

If I live in New Jersey but work near Bala Cynwyd, are different rules in play?

Yes. Foreclosure rules follow the location of the property. New Jersey’s Fair Foreclosure Act, for example, requires a notice of intention to foreclose sent at least 30 days but not more than 180 days before a complaint is filed, and a homeowner has 35 days after receiving the summons and complaint to file an answer. Our firm serves Burlington, Mercer, and Middlesex Counties in New Jersey as well.

Serving Bala Cynwyd and Montgomery County Foreclosure Clients

We represent homeowners in Bala Cynwyd and throughout Montgomery County, from Lower Merion and Narberth to Ardmore, Wynnewood, Penn Valley, and Gladwyne. Our reach continues through Conshohocken, Plymouth Meeting, Norristown, King of Prussia, and Blue Bell, and out to Lansdale, Horsham, Willow Grove, Abington, Jenkintown, and Pottstown.

We also help families in neighboring Philadelphia County, including Wynnefield, Overbrook, and the Northeast, as well as in Delaware, Chester, and Bucks Counties. Our bankruptcy practice extends to Lehigh, Northampton, and Dauphin Counties in Pennsylvania, and to Burlington, Mercer, and Middlesex Counties in New Jersey. Wherever your mortgage is held, we can review your notices and explain what your deadlines look like.

Speak With a Bala Cynwyd Foreclosure Defense Attorney Today

If you have an Act 91 Notice, a lender letter, or a court complaint, the time to call is now. A Bala Cynwyd foreclosure defense attorney from our firm can review your paperwork, check your deadlines, and tell you plainly whether HEMAP, a repayment plan, or bankruptcy gives you the best chance of keeping your home. Consultations are free and confidential. Call Young, Marr, Mallis & Associates and get a straight answer about where you stand.