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Pennsylvania Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure for Pennsylvania on
Q: Hello,Our home is to be sold at Sheriff sale on 12/13/2019. Both our names are on the note and the deed.

I moved out 3 years ago and my ex still lives in the house. I refuse to sign any type of Short, Quick sale, agreements, remodafcation mortgage papers etc, before the 12/13/2019 deadline. does she have any type of recourse to go ahead and sign said papers on my behalf without my knowledge?... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 28, 2019

To answer your very specific question-

No, you cannot be coerced by a foreclosure court or probably any other judge to sign off on any of the types of consensual agreements that you list. Probably the more important question is about what you hope to accomplish by your refusals....
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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Home is in foreclosure and just received a refund check for cancelled home owners insurance policy. Can I cash this?

Sheriff sale to be held in October, but lender is entering into a short sale agreement in the next 3 weeks.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 31, 2019

Risk of loss follows title to the real estate. You do not say whether the foreclosure sale has been held, or whether the sheriff's deed has been issued to the successful bidder. Nor do you say who caused the cancellation of the home owners insurance. But, "can" you cash the refund check? Yes.... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Pennsylvania how long after sheriff sale does original owner have to move possessions

Foreclosure at sheriff sale but deed isn't acknowledge at recorder of deeds

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 11, 2019

Normally, it takes about 3 days for the Sheriff to deliver the deed and the Registrar to record it. The timing of when current occupants need to leave is largely up to the buyer at the sheriff's sale. He/she can file an ejectment action when he becomes record owner. Those ejectment actions... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: I am being sued in regards to my mother's former home which had a reverse mortgage.

My mother passed away Dec. 2018. She had a reverse mortgage on her home. According to her will, I am ineligible to purchase her home, that option was only given to one of my brothers. What, if any is my legal responsibility, and what can I do to remove myself from the lawsuit?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 5, 2019

Inasmuch as it appears that there is no remaining equity in the property, and the property is in foreclosure so that the entire remaining balance of the debt is now due and payable, you can extract yourself from the foreclosure suit (assuming you did not sign any note or guaranty of the mortgage... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: What can I do to stop foreclosure on my house involving a scam?

We got behind on our mortgage and received mail saying we could apply for a loan modification. This process started last August 2018 and the company had us pulling paperwork, pay stubs, etc, even had us mail cashier checks for $1900 4 different times, the last contact with them was the beginning of... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 4, 2019

Depending upon the remaining amount of your mortgage arrearages (missed payments plus late charges and accrued interest), yes, there are alternative ways to stop, or suspend, the "pre closure process".

I assume you have received a letter notice of intent to foreclose, but you don't specify...
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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: I have been renting a property for 9 years. And not it is in foreclosure.

In August I received a letter to pay my rent to a trustee. I have been doing that with the intent to purchase my house at the Allegheny Courthouse this February. Now my landlord served me papers saying that he filed Chapter 11 and that if I attempt to buy his house that he would sue me. He also... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 25, 2019

To answer your questions, I'd need to see what has been filed by your landlord in his Chapter 11 case, including what orders have been entered authorizing him to utilize his lenders' cash collateral (the rent you pay would most probably be part of that cash collateral). In addition, we'd need to... Read more »

1 Answer | Asked in Bankruptcy, Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: Could you please provide information on joining current class action lawsuit against Ocwen Loan Svc'g for Pennsylvania
Kathryn Hilbush
Kathryn Hilbush answered on Dec 7, 2018

No idea. I'd google it and see if you can locate the information about the particular lawsuit you're interested in. I tried but, not knowing why you believe you may be eligible to apply to join one of the several lawsuits out there, my ability to come up with any sort of suggestion was too limited.

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: I was wondering can I sign you to defend me for a property tax foreclosure defense case by Friday of this week
Cary B. Hall
Cary B. Hall answered on Nov 8, 2018

If you're looking to hire a particular attorney with a listing here on Justia, I suggest you contact that attorney from his/her profile. Best of luck to you.

2 Answers | Asked in Real Estate Law and Foreclosure for Pennsylvania on
Q: Can anyone help me purchase property ahead of Sherriff Sales?

I am interested in properties at Sherriff Sales but want to know if anyone can represent me to approach the owners and buy these properties ahead of sales to avoid bidding situation. If so, how do you charge your fee?

Evan Charles Pappas
Evan Charles Pappas answered on Oct 12, 2018

Our firm could assist with this work provided that we do not have any conflicts with the foreclosing bank/lender and would charge for this work on an hourly basis. Feel free to schedule a confidential phone or in-person consultation for more information.

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2 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for Pennsylvania on
Q: I recently received Praecipe to Reinstate/Reissue involving my late aunt's mortgage. Why would I and what can I do?

I already had a Conciliation Conference, which did no justice, and I felt as if it were to get me to say I was the last surviving member of the family. It is her home and noone has been there since she passed.

Cary B. Hall
Cary B. Hall answered on Sep 8, 2018

When litigation is filed -- including mortgage foreclosure cases -- the named Defendant must be served with the suit papers in a particular way, and there is a time limit for this to occur. If service is not made within this initial time period, the Complaint must be "reinstated" or "reissued,"... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: How long after a sherrif sale does someone need to be out by? Does the person who buys home have to evict the people in

We live in husbands grandmothers home, were supposed to buy it according to her will after she died but her named executrixs refused to open will and now home is in foreclosure and going for sherrif sale at end of Sept. We have lived in home for 9 years, now buying another home...first one fell... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 4, 2018

You should be given notice of when the drop dead time is. I would call the the entity involved in the sheriffs sale and try to get as much information as you can.

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: I am unable to sell my old house and it is about to go into foreclosure.

I was unable to sell my old house because we owe more than it is worth. I decided to rent it out to avoid foreclosure despite having a clause in the mortgage saying we cannot rent it. Two years later we are in the process of evicting the tenant because he is always late with payments and is now... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 17, 2018

In the vast majority of foreclosure cases, the question is not whether the Mortgagee noteholder will when, but when. You say the property is "my old house", but that your wife now owns it. You do not, however, say when that transfer of title occurred, nor what money or other value exchanged hands... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: On the deed with my husband but not the mortgage. Can I sell my ownership to my husband before the foreclosure process?

My husband added me to the deed after he bought the house. We are way behind with the payments. If the house is foreclosed I am going to lose ownership too . I am in the process of separation with my husband and I live in another state. I don't want to lose the money I spent for years on the... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 5, 2018

The bank forecloses on the property and they take the money necessary to pay what is owed. You will lose all rights you have in the property if it is foreclosed on. If your husband wants to pay you for what you have paid on the mortgage he can agree to do so.

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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Name is on the deed not the mortgage. No note signed . Do I lose the house if foreclosure?

My husband bought the house before our marriage. My name is not on the mortgage and I have never signed any permissive note. My husband added my name to the deed because i am paying the mortgage for years( he is jobless for years). The house is at risk for foreclosure because I can't make the... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 5, 2018

The mortgage lender can foreclose on the "whole house", inasmuch as adding you to the title after the Mortgage was recorded makes your ownership interest subject to the Mortgage lien. It the Mortgage holder forecloses, even if you never signed the Mortgage or Note, and the property is sold at a... Read more »

2 Answers | Asked in Bankruptcy, Foreclosure and Collections for Pennsylvania on
Q: out of work, am I eligible to file for chapter 13? I was told No is that correct? Ive been sick but can work

Been out of work since 9/17, foreclosure has started. I called laurel legal services for free help but was told I'm not eligible since I'm out of work. Can't they work out terms while you find work or get disability? I am so afraid I don't know what to do and I have no money at the moment to pay... Read more »

Stuart Nachbar
Stuart Nachbar answered on May 23, 2018

To qualify for a chapter 13, pursuant to the statute, you must have regular income. It is a requirement of a chapter 13 that you have a regular steady income.

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1 Answer | Asked in Foreclosure and Bankruptcy for Pennsylvania on
Q: Long story short: parents upside down on bills; likely to lose their house to foreclosure. No where to go. No money.

My parents are 80. My mother has Alzheimer's. Obviously I don't want them to be homeless. There is no family money and their lending agency (Bank of America). Can they declare bankruptcy and keep their home?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 2, 2018

A chapter 13 bankruptcy proceeding is designed to enable debtors to keep their houses. There are debt maximum limits, however, and a Chapter 13 debtor must be receiving "periodic income" with which to fund a plan. Social security payments qualify as periodic income, if sufficient in amount to... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Does a seller have to disclose a foreclosure prior to signing an agreement of sale?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 1, 2018

The seller's obligation is to deliver clear title to the property at the settlement/closing of the purchase. In other words, the existing mortgage lien must be released, and the only way the mortgage holder will release is to receive full payment (or some other negotiated amount). I strongly... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: I was served notice of law suit for my mothers foreclosure. I am on the deed but not the note.

I live on Pennsylvania and the property is in New Mexico. I don't know what my liability is in this situation.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 26, 2018

To provide a reliable response, I'd need to examine the Note, Mortgage, and Notice and foreclosure Complaint, but short of that, if you have not signed the Note or otherwise committed to the foreclosing Lender to become liable thereon, you should have no personal liability for the Mortgage... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Bank sent foreclosure papers claiming we havent paid in 5 months. We have and we have bank statements proving we did.

We paid every month except December (hard times with sons medical issues) and have our bank statements as proof. Though they are claiming we haven't paid since August. Where should we go from here? Contact the bank lawyers with our proof of payments or get our own lawyer?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 25, 2018

For the most part, lawyers only do what their clients direct them to do. In your case, it appears that the mortgage holder, or designated servicer of the mortgage loan, has decided to foreclose. And yet, once a party has "lawyered up" about a matter, you are bound to direct communications to the... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: York Pa Sewer Co. won't remove my name from a foreclosed home until it resells. Said I'm still responsible for payment.

Am I still responsible for the payment of the sewer bill even though we moved from the foreclosed property? They said I was responsible until the house deed changes names. That could be a year if it doesn't sell. What course of action can I take to get my name off the county tax assessment records,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 15, 2017

Unless you have a leak would you have a charge? Can you ask if they can shut off the water?

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