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Pennsylvania Foreclosure Questions & Answers
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 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 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.

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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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.
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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.... View 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... View 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... View 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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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: PA - reverse mortgage, last lender died. Heir and Executor - how can I save house?

I'm sole heir by will, last lender died (my mother). Fiancee and I have been living with her as caretakers (she had alzheimers) and currently reside in the home as our residence, with nowhere else to go. Possible at ALL to save the home? Have a student loan and make maybe 16,000 or so a year... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 14, 2020

I assume you mean that your mother was the borrower on the Note and Mortgage, that either her will named you as sole heir to the house, or if no will, that you are an only child.

Yes, it is possible to save the house, but more of your financial facts are needed, as well as a real appraisal...
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1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In Phila, Can a homeowner whose home is being auctioned due to a tax lien, legally sell their home During this process

This is specifically for the Philadelphia sheriff sales, tax liens as opposed to mortgage foreclosures. Can the homeowner sell the property before it goes to the auction.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 8, 2020

Your legal obligation is the standard real estate sales contract is to deliver clear title (free of liens, encumbrances, and title defects) at the closing/settlement of the sale. The taxes will be paid by the escrow agent at time of settlement, so that the property is delivered to buyer free of... View More

1 Answer | Asked in Foreclosure and Civil Litigation for Pennsylvania on
Q: My Mom was served a civil action mortgage foreclosure on her dead son’s home. He was single/no kids. Must she respond?

She has no money, is on disability, and lives check to check. My step dad and little brother were also named in the paperwork. What should we do! They have no interest in the home and wouldn’t qualify to finance anything.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 13, 2020

All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most... View More

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Do I have to appear in court as a legal heir on a foreclosure if I don't want the house? Do I even need to respond.

The house in in Chicago, IL and I live in Philadelphia, PA if that matters.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 8, 2020

If you do nothing, the court will enter a judgment by default against you and any interest you may have in the property to be foreclosed. In PA, DE and several other states, a foreclosure is an "in rem" proceeding, limited to foreclosure and sale of the property, and does not initially... View More

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