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Pennsylvania Foreclosure Questions & Answers
1 Answer | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: My Friend unknowingly bought a meth lab. How can he get out of the home without losing all his money?

They have very little money and the home owners insurance won't help them. The previous owner denies it was a meth lab despite heavy evidence to the contrary. However they have no money to sue in court. The house is under a mortgage. Its also unsafe to live in. They need to leave the home if... Read more »

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Did your friend order an inspection as part of the purchase process? Did the lender require an inspection or appraisal before approving the loan?

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Is it wise to let a bank lender that has a foreclosure action against you get an appraisal for your house?

What is the purpose of them asking for the appraisal.? And will it affect selling the house by the owner before foreclosure?

Will it cause problems with other lenders in the future, if foreclosure is avoided?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 25, 2022

Given that there is already a pending foreclosure action, you probably can be compelled to afford the lender the opportunity to conduct an on-site appraisal, with the court's assistance.

The old lawyer who trained me to practice law taught me that it's wise to agree to an...
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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Hi my fiance passed away with no will in 2018. His mother and I want to resume the mortgage. We haven't paid on it in 2

Years. And I executer relieved foreclosure papers today. If we want the house to be in both of our names what do I have to pay in taxes and is it split considering his mom is heir? What are the taxes based off of? What assessment does it come out of if none has been done since 13

David Kennedy Bifulco
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answered on Sep 29, 2022

You said you have been served a foreclosure action. You have to respond to this Court Action as soon as possible. You have 20 days to object to the complaint and 30 days to file an answer and new matter. If you fail to respond properly the Bank attorney can file for a default judgment. If... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: PA LAW: Can proper service of a valid Act 91 Notice be deemed if it is not sent to the Last Known Address?

35 Pa. Stat. § 1680.403c(a) “Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided in subsection”

12 Pa. Code § 31.203(a)(6)(i) "The notice shall be sent to the last known address of all... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 20, 2022

Every Mortgage doc I've ever read deals with "Notices", and every one says that sending a notice to the mortgaged property is sufficient for all purposes.

That said, lots of Mortgages also speak to the borrower's power to change the "notice address". That...
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1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: I asked a previous question regarding domestic violence and being kicked out of my home. I now live in my grandmothers

Home, that I cared for for years but had to go to a nursing home and she had a reverse mortgage on the home and is now in foreclosure and so I will need to find a place to live or buy the property at forclosure? Is that my only option?

David Kennedy Bifulco
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answered on Sep 6, 2022

There are specific rules regarding the purchase/repayment of the reverse mortgage by a family member. If the reason for the foreclosure is that your Grandmother is in a Nursing Home the contract should have provisions that cover this situation. It could be dependent on her status and whether it... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Pennsylvania on
Q: My house is in foreclosure. I have sold my property prior to foreclosure date… I have deposits settlement date is set.

My real estate agent notified my mortgage company.

My mortgage company has listed my home on Zillow for sale after it is under agreement.. is this legal?

Anthony M. Avery
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Anthony M. Avery
answered on Sep 1, 2022

If the mortgage is recorded then any "sale" takes subject to the mortgage which could be foreclosed. Your agent and buyer do not know what they are doing. You as the mortgagor might expedite the sale and get a release of the mortgage prior to foreclosure.

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Bought a residential foreclosure what form do I use to evict after I have served a notice to quit in Pa
David Kennedy Bifulco
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David Kennedy Bifulco PRO label
answered on Jun 27, 2022

In Pennsylvania when you buy a foreclosure property and either the former owner or the former owner's tenant has possession of the property you have to file an "Action in Ejectment". This is filed in the Court of Common Pleas unlike a regular Landlord Tenant case which is filed with... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: On the deed never on the mortgage Per conversation when the mortgage was signed in 2002 with the attorney Russo Russo …

I was added to deed 2003 per the conversation at the closing then the mortgage went to BOA because Ditech went out of business they went bankrupt, but the original note and mortgage was never paid off it was just a mortgage assigned and it in the deed followed, for some reason in the bankruptcy... Read more »

David Kennedy Bifulco
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answered on Jun 16, 2022

You have a lot of issues in your inquiry. Without seeing the docket and gathering more information it is not possible to give you an answer. You should contact an experienced foreclosure defense attorney to go over your legal rights.

2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: how long would a short sale take approx (months) in Pennsylvania if you have a 1st & 2nd mortgage and a lein on average?

Allegheny county

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 4, 2021

To complete a "short sale", you need to procure the consent of the mortgage holders. Both of them, because your buyer will want to take legal title free of all liens and encumbrances. In other words, you need to persuade both lenders that the best way for them to be repaid is from a... Read more »

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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Paying off mortgage loan when in danger if an IRS lien

My father's house is going into foreclosure in August due to unpaid property taxes and mortgage loan. He also has IRS and medical debts. If the house was transferred to my name and the house related debts were paid paid, could a lien still be put on the house for his other debts?

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

Depends on his agreement with the IRS. You should run this by an accountant, but if the house is transferred they can't put a lien on something he doesn't own.

1 Answer | Asked in Contracts, Foreclosure, Immigration Law and Real Estate Law for Pennsylvania on
Q: If the recorded information on a deed is completely false do a agreement based on it stand?

If the information on a property deed is false can a agreement be made based from it

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

The agreement refers to the deed. If the deed does not accurately describe things then you may have a claim with the title insurnace company or others. I suggest you review this with an attorney who handles real estate matters.

2 Answers | Asked in Criminal Law, Foreclosure and Elder Law for Pennsylvania on
Q: My 71 yr old father is facing forclosure due to a scam.

My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 19, 2021

If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... Read more »

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2 Answers | Asked in Estate Planning and Foreclosure for Pennsylvania on
Q: I was in a bad relationship and had to leave my home. I own the house in Dallas Texas and live in Somerset PA.

How can I sell the house I was forced to leave in Dallas, Texas and /or get my x, who is still living in the house, to sign a rental contract so I am not forced to pay the mortgage for the house? He claims there is already a tenant / landlord contract signed. I don't remember signing one.... Read more »

Mark Scoblionko
Mark Scoblionko
answered on May 10, 2021

Although you need to speak with a Texas lawyer, as a general proposition, if you are the sole person on the deed, you have the right to sell it. However, if there is, in fact, a written lease, any sale would have to honor the terms of that lease. Therefore, as a practical matter, you better find... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In PA, if a home is sold at auction that had a reverse mortgage previously, will the new owner get a clear title?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 8, 2021

If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most... Read more »

1 Answer | Asked in Consumer Law, Family Law and Foreclosure for Pennsylvania on
Q: I have a trailer with 2 names on loan. X-wife wants it and If i let other take it, can i protect myself legally?

My X-Wife and I have a Travel Trailer together. We failed to make payments and the bank foreclosed on it and charged off the debt. They never Repossessed it. If my X-wife Takes it or I just let her take it off the property, is there a way I could get something signed saying I want nothing to do... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

Make sure it's titled in her name. She should give you a document that she accepts all responsibility. You say "x"--did you have a divorce (if she got posession that may cover it) or just separated?

2 Answers | Asked in Foreclosure for Pennsylvania on
Q: my house is going to forclouser can my 21 year old son that has vever rented a place rent a place a place for us

or do they look at my credit history too .

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 28, 2020

At age twenty-one, by law, your son is fully empowered to enter binding contracts. So under existing law, he , like any other competent adult, empowered to enter into a lease of real estate.

Your question has much more to do with whether any residential landlords will agree to enter into a...
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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: my house is go to be forclosed on and i have two hips that need replaced and can hardly walk .

my son makes enough money to get us a place was wondering if he could do that with my not so good credit history .

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 21, 2020

From the reports I've seen recently, although interest rates are near record lows, the banks and other mortgage funding sources have been tightening credit, raising the minimum credit scores needed to qualify for a mortgage loan.

Probably, from what you say, your credit score is below...
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3 Answers | Asked in Bankruptcy and Foreclosure for Pennsylvania on
Q: Can a bank put your dads house after he dies in son's name with out telling them the kids did not open up a estate

They put the house in kids name in 2017 the kids did not know it till they got foreclose notices also bank told 1 of the kids the bought if for a dollar however the kids never gave any money 4 house

Timothy Denison
Timothy Denison
answered on Aug 20, 2020

More information is needed, however, the answer is very likely, no.

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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: General timeline estimate for settling a foreclosure in court? How many months?

I'm wanting to fight a foreclosure and pay off the mortgage but, without all the added fees because, I feel the bank has grossly mishandled the entire process. It seems to have started when the original lending bank merged into it's parent bank and returned payments that had been made.... Read more »

Cary B. Hall
Cary B. Hall
answered on May 8, 2020

As you correctly surmise, things are all out of whack with the court system due to the pandemic and resultant shutdowns. You're going to need to contact the Court of Common Pleas for the county in which your foreclosure case is pending. In Pennsylvania at present, each county is largely... Read more »

3 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Question below

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »

Mark Scoblionko
Mark Scoblionko
answered on Apr 14, 2020

I agree that you need a “professional opinion,” which means that you should engage a lawyer to look into the situation and give you advice.

From your brief description, it sounds like there may have been a mortgage against the property, unpaid taxes or a judgment that was not paid, any...
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