Pennsylvania Foreclosure Questions & Answers

Q: I have been renting a property for 9 years. And not it is in foreclosure.

1 Answer | Asked in Foreclosure for Pennsylvania on
Answered on Jan 25, 2019
W. J. Winterstein Jr.'s answer
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 know what kind of "trustee" sent you the August letter, and by what authority that trustee is acting.

I have to assume that your intent to purchase your residence next month at the Courthouse...

Q: Could you please provide information on joining current class action lawsuit against Ocwen Loan Svc'g for Pennsylvania

1 Answer | Asked in Bankruptcy, Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Answered on Dec 7, 2018
Kathryn Hilbush's answer
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.

Q: I was wondering can I sign you to defend me for a property tax foreclosure defense case by Friday of this week

1 Answer | Asked in Foreclosure for Pennsylvania on
Answered on Nov 8, 2018
Cary B. Hall's answer
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.

Q: Can anyone help me purchase property ahead of Sherriff Sales?

2 Answers | Asked in Real Estate Law and Foreclosure for Pennsylvania on
Answered on Oct 12, 2018
Evan Charles Pappas' answer
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.

Q: I recently received Praecipe to Reinstate/Reissue involving my late aunt's mortgage. Why would I and what can I do?

2 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for Pennsylvania on
Answered on Sep 8, 2018
Cary B. Hall's answer
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," and then the time limit starts over for the Plaintiff to try to serve the suit papers again.

Best of luck to you.

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

2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Answered on Sep 4, 2018
Elizabeth Tarasi's answer
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.

Q: I am unable to sell my old house and it is about to go into foreclosure.

2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Answered on Aug 17, 2018
W. J. Winterstein Jr.'s answer
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 at the time of the transfer. Nor do you say whether you remain personally liable on the Mortgage Note. If the Mortgage holder has not removed you from the Note, your credit rating will suffer as a...

Q: On the deed with my husband but not the mortgage. Can I sell my ownership to my husband before the foreclosure process?

2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Answered on Jul 5, 2018
Elizabeth Tarasi's answer
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.

Q: Name is on the deed not the mortgage. No note signed . Do I lose the house if foreclosure?

1 Answer | Asked in Foreclosure for Pennsylvania on
Answered on Jul 5, 2018
W. J. Winterstein Jr.'s answer
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 foreclosure sale, your ownership interest will be extinguished.

There are several work-out options available to home owners facing foreclosure, and you should immediately investigate your...

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

2 Answers | Asked in Bankruptcy, Foreclosure and Collections for Pennsylvania on
Answered on May 23, 2018
Stuart Nachbar's answer
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.

Q: Long story short: parents upside down on bills; likely to lose their house to foreclosure. No where to go. No money.

1 Answer | Asked in Foreclosure and Bankruptcy for Pennsylvania on
Answered on Apr 2, 2018
W. J. Winterstein Jr.'s answer
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 fund a plan to cure mortgage arrears, over and above necessary living expenses. Once a bankruptcy is filed, the arrearage amount ceases to earn interest.

Other key facts not stated in the...

Q: Does a seller have to disclose a foreclosure prior to signing an agreement of sale?

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Answered on Mar 1, 2018
W. J. Winterstein Jr.'s answer
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 recommend that you get a pay-off figure from your mortgage holder, and alert them once you have a signed offer, and ask that they provide a release of mortgage at settlement. I'd think they'd be happy to...

Q: I was served notice of law suit for my mothers foreclosure. I am on the deed but not the note.

1 Answer | Asked in Foreclosure for Pennsylvania on
Answered on Feb 26, 2018
W. J. Winterstein Jr.'s answer
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 indebtedness on your mother's property, except that your ownership interest in the property may be divested by entry of a foreclosure judgment in favor of the Lender.

Q: Bank sent foreclosure papers claiming we havent paid in 5 months. We have and we have bank statements proving we did.

1 Answer | Asked in Foreclosure for Pennsylvania on
Answered on Jan 25, 2018
W. J. Winterstein Jr.'s answer
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 designated attorney representing that party.

I would recommend that you provide documentary proof of payment (canceled checks, or proof of debit transactions, etc., from your bank, showing...

Q: York Pa Sewer Co. won't remove my name from a foreclosed home until it resells. Said I'm still responsible for payment.

1 Answer | Asked in Foreclosure for Pennsylvania on
Answered on Feb 15, 2017
Peter N. Munsing's answer
Unless you have a leak would you have a charge? Can you ask if they can shut off the water?

Q: If house is bank owned and not being cared for & is causing damage to the attached house, can anyone be held responsible

1 Answer | Asked in Real Estate Law, Small Claims and Foreclosure for Pennsylvania on
Answered on Dec 6, 2016
Peter N. Munsing's answer
Yes, you can bring a nuissance action. Whether it's worth it and what it costs are things you need to discuss with an attorney who handles those things.

You would need at some point to have estimators to discuss what it would cost to fix.

Q: Home was sold on 9/19 for delinquent taxes from 2014. How do I appeal? I am a Maryland resident.

1 Answer | Asked in Foreclosure for Pennsylvania on
Answered on Nov 1, 2016
Peter N. Munsing's answer
You need to contact an attorney in the county where this happened who handles real estate litigation. Were you or the estate listed on the tax bills? How would they know to contact you? Why didn't you just pay the bill if you were the sole heir?

These are questions anyone trying to unravel this will need to know.

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