Foreclosure Defense Lawyer Near Me in Pennsylvania
A foreclosure can be devastating for homeowners that have invested time and money in their property, yet it happens frequently when mortgage borrowers fail to pay their mortgages after financial hardship or unforeseen circumstances such as illnesses or job losses. And while finding out that your hard-earned home may be foreclosed upon can be overwhelming and stressful, it is important that you take action to fight it as quickly as possible.
With the help of a skilled and experienced attorney, homeowners facing the imminent threat of foreclosure mitigate the losses associated with foreclosure or even stop it altogether. Pennsylvania homeowners who are dealing with the possibility of foreclosure are encouraged to contact the Pennsylvania foreclosure attorneys at Young Marr & Associates as soon as possible to learn about their options going forward. An initial consultation is free and can be scheduled by contacting Young Marr & Associates at (866) 781-4058 for more information.
Pennsylvania’s Mortgage Foreclosure Process
After a borrower falls behind on their mortgage payments, the foreclosure process begins. When a mortgage borrower has fallen behind on their payments for more than 60 days, they will receive pre-foreclosure notices.
The pre-foreclosure notices that must be sent to mortgage borrowers are known as “Act 6” and “Act 91.” Act 6 is the notice that alerts the mortgage borrower about the foreclosing lender’s intention to foreclose on the property. This notice will be sent less than 60 days after the borrower’s nonpayment of their mortgage. Act 91 is the notice that provides Philadelphia residents with information about HEMAP, the Homeowners’ Emergency Mortgage Assistance Program.
Following the reception of the Act 6 and Act 91 notices, the mortgage borrower will have 30 days to respond. They can respond by setting up a payment plan or curing the mortgage default and the associated fees. The lender will then file a lawsuit against the mortgage borrower, which is known as a judicial foreclosure proceeding; the lender becomes the plaintiff and the mortgage borrower becomes the defendant. During a judicial foreclosure proceeding, the resolution will be determined by a court’s final judgment.
The mortgage borrower will have 20 days to file an answer after they receive notice of the foreclosure complaint. If the mortgage borrower never files an answer or does file an answer but does not include a defense, then their property will be listed as part of a sheriff’s sale. At least 30 days prior to the sale of their property, the mortgage borrower will receive notice of the sale.
There are certain statutes that protect mortgage borrowers from lending practices that are abusive, fraudulent, or usurious. Included in Sections 3180 and Section 3183 of the Pennsylvania Rules of Civil Procedure, these are known as the Loan Interest & Protection Law and the Homeowner’s Emergency Assistance Act. The Loan Interest & Protection Act sets a cap of 6% on the interest that lenders can place on loans taken out by mortgage borrowers. The Homeowner’s Emergency Assistance Act requires lenders to inform mortgage borrowers about programs that provide financial aid for foreclosure.
Mortgage Foreclosure Program and Conciliation Conference in Pennsylvania
The mortgage assistance program offered by the State of Pennsylvania allows residents facing foreclosure to get loans for the purpose of paying their mortgage debt. The mortgage assistance program offers loans of $60,0000, lasting up to 36 months following mortgage delinquency. Participants in the mortgage foreclosure program will have to put as much as 35-40% of their income toward mortgage payments.
Pennsylvania residents facing the possibility of foreclosure also have the possibility of participating in a conciliation conference. During this conference, the mortgage borrower and lender will meet to discuss alternatives to foreclosure in a setting mediated by a housing counselor. Mortgage borrowers may agree upon a forbearance, a loan modification, or a payment plan as part of a conciliation conference.
Defenses for Foreclosure Processes in Pennsylvania
Mortgage borrowers in danger of losing their home have the ability to fight the foreclosure process. With the help of an experienced attorney, they can craft a defense, usually based on challenging the authority of the foreclosure or citing unfair practices on the part of the lender.
When using “authority to foreclose” as a defense, the mortgage borrower will point out that the lender does not have the authority to foreclose upon their property. If the mortgage has been sold or transferred to another servicer, the original lender will not have the authority to foreclose. An attorney can help mortgage borrowers identify whether or not their lender actually has the authority to foreclose upon their property.
Another way that mortgage borrowers can defend themselves against attempts at foreclosure is by citing unfair lending practices. If the lender performs actions that are deceitful, misrepresentative, abusive, or usurious, then they will not be able to foreclose upon the home. These actions may mean charging excessive fees or taking advantage of vulnerable borrowers. An attorney can help borrowers identify these behaviors as well.
Contact our Pennsylvania Foreclosure Defense Attorneys
Place a call to the Pennsylvania foreclosure attorneys at Young Marr & Associates if you or someone you know would like to learn more about the options regarding home foreclosure. The Pennsylvania foreclosure attorneys that work with Young Marr & Associates are prepared to help homeowners facing foreclosure. Get in touch with them today by calling (866) 781-4058.