Foreclosure Defense And Law In The State

By Amanda King


A person needs a home. For that to happen, you buy a house with the help of financing plans from financing institutions or lenders. You need to pay it regularly per month though. Otherwise, lenders will foreclose it leading you to have foreclosure defense PA attorneys.

Like care repossession, the house is not really yours until you pay the full amount of the loan. Thus, lenders have the legal right to possess your house and foreclose it. When this happens, they will have the house in forced sale as their collateral for your loan. To do this, the lenders need to file the complaint to the court.

Once the court approves, the lender will send you the letter of intent which will signal the start of the notice period of thirty days. This letter contains their intent in accelerating the payment if you cannot cure the default within that period. Meaning, the unpaid balance will be immediately due. If you do not want the foreclosure to happen, you need to act immediately.

Curing the default means paying the agreed amount on the negotiated contract. If you can do this, not only can you keep the house, you also keep the loan active until its full payment. You can prevent the foreclosure if you talk to a consumer credit counseling agency to help you find ways to resolve the payments.

In addition, the letter also contains the assistance they can lend you while the transition is going on. Your rights will be explained as well under the foreclosure law of Pennsylvania. These rights include reinstatement of loan, applying with Pennsylvanian programs for financial assistance, and curing defaults. It is commonly known by the name HEMAP which means Homeowners Emergency Mortgage Assistance Program. You can send the application at Pennsylvania Housing Finance Agency.

Foreclosure diversion programs are also an option to apply to. Do note that the state has yet to start availing this statewide. Instead, only certain counties have these programs in their financial assistance roster. The programs will let the both of you to discuss the situation you are in, as well as voicing out any disputes. Hence, conciliation occurs.

The benefits of participating in this diversion programs are several. One is that a solution comes up between the two of you that does not require foreclosure. This agreement will most likely be agreed by the lenders if the terms of the agreement have equal favorable intents. You might also get the consideration for loss mitigation during the mediation.

When you answer the notice, default judgment cannot be applied by the lender. It will be taken to the court to ask for a motion for summary judgment. In most cases, the court will favor the lender due to the lack of your defense. A notice of sale will then be passed giving the both of you time to have thirty days before the start of the sale.

You are given thirty days as notice before the sale occurs. During that period, another chance is given to you in order to cure the default. The deadline is before the Sheriffs sale begins in an hour. You no longer earn the right of redemption once the sale is closed and completed. A deficiency judgment will also be used against you that lenders will file within six months after sale.




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