Lehigh County Mortgage Foreclosure Defense Lawyer
Foreclosure can be a frightening process, especially when you feel financially constrained. However, if you want to keep your home, retaining the assistance of our experienced Lehigh County mortgage foreclosure defense lawyers is a positive, proactive step. We can help you understand the complex process and work with you to achieve the best result possible. Sheriff sales in Pennsylvania are difficult to overturn, and Pennsylvania does not have a right of redemption for homeowners. At Young, Marr & Associates, we will work with you during the entire foreclosure process, helping you make educated and informed decisions regarding your rights.
The Lehigh County foreclosure defense attorneys at Young, Marr & Associates are knowledgeable and seasoned foreclosure lawyers with a resolute commitment to helping homeowners in distress. Your initial consultation is free of charge and confidential. We handle foreclosure cases throughout Lehigh County. Call us at (215) 701-6519.
Falling Behind in Mortgage Payments on Your Lehigh County Home
If you lost your job and are facing overwhelming financial stress, you may find yourself missing mortgage payments while trying to pay for other necessities. Once you fall behind, you will begin to receive notices and phone calls from your lender. Legally, your lender must contact you within 36 days to discuss loss mitigation options. Those options must be presented to you in writing within 45 days. Once 90 days have passed since your last mortgage payment, your lender will send you an Act 91 Notice or an intention to foreclose notice. This document will include important information regarding state assistance programs.
If you have fallen behind in your mortgage payments, do not ignore notices and calls from your lender. Contact our Lehigh County foreclosure defense lawyers immediately for help with your next steps.
Chapter 13 Bankruptcy to Save Your Home from Foreclosure in Lehigh County, PA
For multiple reasons, including sickness, unemployment, or other family crises, homeowners fall behind on their mortgage payments. In most cases, none of these work as legal defenses that can excuse missed payments. Once foreclosure proceedings begin, the lender will require the full delinquent amount or the property will be auctioned at sheriff sale. Many times, homeowners have overcome their recent financial difficulties and can pay their mortgage payment, but they are unable to pay back the amount there are behind. If that is the case, bankruptcy could be the best option.
Filing for Chapter 13 bankruptcy with our Lehigh County mortgage defense attorney will stop the foreclosure and force your mortgage company to enter into a court-approved payment plan. An injunction called an automatic stay will go into effect immediately after filing for bankruptcy. This will stop all collection activities, including the foreclosure litigation and the sale.
Your bankruptcy filing does more than just stop the foreclosure; Chapter 13 bankruptcy allows you five years to pay back the money you owe to your lender through a new plan. Our seasoned bankruptcy attorneys will draft a bankruptcy plan for you that will require you to make a monthly payment to a court-appointed trustee in addition to your monthly mortgage payment.
One benefit of filing for bankruptcy is that it is an administrative proceeding as opposed to an adversarial one. As long as the proper schedules are filed, the right documents are submitted, and you have sufficient income to fund your bankruptcy plan, your mortgage company will be required to accept the payment terms. However, the bankruptcy process is complicated, and our Lehigh County mortgage defense attorneys at Young, Marr & Associates have decades of experience assisting other Lehigh County residents in keeping their homes through bankruptcy.
Foreclosure Mediation Representation in Lehigh County
When a lender files a complaint in foreclosure in Lehigh County, the court will enter a Case Management Order. The order comes as part of a mandatory mediation program to help resolve foreclosure disputes between lenders and homeowners. The order will require you to attend a conciliation conference. If you want to save your home, it is crucial to attend this conference.
The conference allows you to communicate directly with the lender’s lawyer to determine if there are any alternatives to foreclosure. A foreclosure attorney from Young, Marr & Associates, will assist you in searching for solutions such as a loan modification, a forbearance agreement, or a feasible payment plan to avoid foreclosure.
The court will freeze the foreclosure process while you participate in the mediation program, but an answer to the mortgage complaint should still be filed within 20 days. Otherwise, the court might enter a default judgment against you. By filing an answer, you increase the chances of working out an alternative solution with your mortgage company to avoid foreclosure.
Alternative Solutions to Mortgage Foreclosures in Lehigh County, Pennsylvania
Through the mediation process, our knowledgeable Lehigh County foreclosure attorneys will work with you and your lender to help find alternatives to foreclosure that let you keep your home.
One alternative solution is a loan modification. If you are eligible and meet your lender’s requirements, your mortgage could be modified. This could potentially lower the interest, forgive a portion of the default, or spread the principal payments out over additional years. In many instances, loan modification could lower your monthly payments. You will have to provide your lender with certain documents, including tax returns, bank statements, and pay stubs, to evaluate your eligibility. Our Lehigh County attorneys will help guide you through the process.
In some cases, a forbearance or payment plan is proposed, temporarily suspending your payment obligation. After payments are suspended, you can pay the default over a short period. You will have to demonstrate the financial ability to make these payments. This solution is for individuals experiencing a momentary financial problem, such as lost wages due to a short-term medical condition.
Short Sales or Deed Transfers to Prevent Foreclosure
Despite your best efforts, your circumstances might still make it impossible to pay your monthly mortgage. In these situations, our Lehigh County foreclosure defense attorneys can help find alternative solutions to losing your house at a sheriff sale.
Your lender may agree to allow you to sell your home yourself at less than the total mortgage balance. We will negotiate the terms of the short sale to maximize the benefit to you, working to have the sale satisfy your mortgage in full and negotiating with your lender to waive any deficiency judgment claims.
To avoid the foreclosure process, your lender could alternatively allow you to transfer the property to them to satisfy your mortgage. Similarly to what we would do in a short sale agreement, we will work with your lender to waive any claims to a deficiency judgment.
Call Our Lehigh County, PA Mortgage Foreclosure Defense Lawyer for a Free Consultation
Losing your house to a sheriff sale is a nightmare. Having those memories torn from you as you are required to vacate the property you called home is heartbreaking. At Young, Marr & Associates, our compassionate attorneys understand the stress and pressure that accompany foreclosure. We will diligently work with you to find solutions to avoid losing your home. Call us at (215) 701-6519 to schedule a free consultation.