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Pennsylvania Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back any lien?

Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?

I asked around, some people tell me I am responsible... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 20, 2024

When a piece of real property is foreclosed and put up for sheriff's sale, the lien that is foreclosed (it may be a first mortgage, junior mortgage, tax lien, or other statutory or judgment lien) will be paid from the bid at the sheriff's sale. So will tax liens, and so will the... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Regarding second mortgage?

I have a 3.25 interest rate on my mortgage, is it a good idea to cash out as a second mortgage for 5.99 or higher? Thanks.

Nellie T Schulz
Nellie T Schulz
answered on Sep 16, 2023

I have no idea. It would depend on a variety of factors, including the outstanding principal balance of your current mortgage, the amount you are considering borrowing, the market value of the property now and what it may be when you may sell the property, what type of property is involved, the... View More

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: House foreclosed on 8 7 23. Can we appeal. We were scammed and thought the home was postponed.

We currently have a buyer. Sheriff doc indicates Active (p).

David Kennedy Bifulco
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answered on Aug 8, 2023

Is this the Sheriff Sale date or have you just received/been served with a Complaint in Foreclosure?

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Could I purchase from you a form to set aside a sheriff sale?
David Kennedy Bifulco
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answered on Jul 26, 2023

No, but you could hire me to assist you. Or, I recommend that you hire a licensed attorney. Otherwise, I wish you the best of luck in your endeavors.

3 Answers | Asked in Foreclosure, Civil Litigation and Civil Rights for Pennsylvania on
Q: How can I move my civil case forward when judge stated that the case is not yet close
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 5, 2023

I've seen two methods of litigation concerning mortgage foreclosures: the first is foreclosure of the mortgage after due notice of acceleration of the debt evidenced by the Note, and the second is to sue on the Note alone, with the Mortgage reserved for post-judgment relief.

Assuming...
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1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.

OCGA § 44-14-162.2 (a) ,

OCGA 16-8-102 (5) ,

OCGA 16-8-105 (a) & (b).

Peter J. Weinman
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answered on May 12, 2023

I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:

OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for...
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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Pennsylvania on
Q: What legal options do I have if my house was sold at an upset sale when I still live in it

My house was sold Sept 2022 at an upset sale. I live in Latrobe pa Westmoreland county. After the sale I was never notified and the deed was transferred on Jan 30th. I am still currently living in the house and trying to find a place but it's hard since I'm on disability. What legal... View More

James L. Arrasmith
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answered on May 7, 2023

If your house was sold at an upset sale and you were not notified, you may have legal options to challenge the sale and possibly delay eviction. You should consult with a local attorney who specializes in real estate law or foreclosure defense to discuss your specific situation and explore... View More

2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 2, 2023

If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.

To the extent...
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1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Pennsylvania on
Q: Where can I obtain a petition document for partition action in court of chancery in Sussex county delaware.A

My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3... View More

David Kennedy Bifulco
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answered on Apr 1, 2023

You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... View More

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Civil Litigation for Pennsylvania on
Q: In Pennsylvania..if I'm only one on deed but another person on mortgage can I sell the house?

The mortgage payments have been getting paid I just want to get away from the person and rid of house ..

David Kennedy Bifulco
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answered on Feb 27, 2023

Short answer is that a mortgage must be satisfied before you sell the house or satisfied at closing. If the mortgage is not satisfied the purchaser will be buying the house subject to the recorded mortgage lien. Please feel free to call my office if you have additional questions.

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2 Answers | Asked in Foreclosure and Estate Planning for Pennsylvania on
Q: are the heirs responsible for a reversed mortgage after parents die ? If there was no money in the estate.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

Directly, no, unless one or more of the heirs has signed a guarantee with the provider(s) of health care for the deceased.

An argument may be made by the creditor, however, for heir-liability, in the absence of a guaranty, if any of the heirs claimed the decedent as a dependent during life....
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2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Pennsylvania on
Q: How long a Bank can collect on a judgment in PA? Judgment was on my credit report for 7 years but not sure when Status

Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .

David Kennedy Bifulco
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answered on Feb 13, 2023

Judgments become liens on all Real Property the person owns in the County where the Judgment is recorded. Judgments need to be renewed every 5 years to retain the lien and its priority against the Real Property. You should contact an attorney that has experience in Real Estate and Foreclosure Law... View More

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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... View 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... View 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... View 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 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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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 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... View More

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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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... View 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... View 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.

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