FORECLOSURE
For most people, receiving a notice of foreclosure is completely out of their control: things like lost jobs and other financial hardships result in an inability to make mortgage payments. And yet losing the equity you own in a home can impact the entire course of your family’s financial future. Not only have you lost a place to live for today, but you also lose an asset that could be passed on to your children, providing financial benefits for generations.
As scary as that thought can be, though, there are things you can do to avoid losing your home and our foreclosure lawyers are here to help. Keep reading to learn more about what steps you can take (and we can help you with).
If you receive a notice of foreclosure, you will have 30 days to either catch up on payments or submit a HEMAP (Homeowners Emergency Mortgage Assistance Payments) application. If you are eligible to file a HEMAP application, you’ll do so through a list of housing counselors approved by the Pennsylvania Housing Finance Agency. As long as you meet with an approved housing counseling agency within 30 days of the notice of foreclosure, your mortgage company cannot foreclose on your home while your HEMAP application is pending.
If you do not catch up on your payments or meet with a housing counselor within the 30-day window, or if the state denies your HEMAP application, your mortgage company can file a Complaint against you for defaulting on your loan. You then have 20 days to respond to the Complaint, by filing a permitted response with the Prothonotary at your courthouse and mailing a copy to the mortgage company’s attorney. If you don’t do this, you will receive a Notice of Default that a judgment will be entered against you without further warning if you do not reply to the Complaint within 10 days.
Should this judgment be entered against you, your home will be scheduled for a Sheriff’s sale. The length of time from the default judgment and the Sheriff’s sale can vary from county to county (usually two to five months). During this time, you can still catch up on payments or work out a payment plan with the mortgage company to avoid losing your home.
The time to contact a foreclosure lawyer is before a Complaint is filed against you. Communicate early to come up with the best solution; don’t delay, hoping the problem will go away on its own! You have a few options to get help.
Each county has a community action agency that can provide a variety of housing assistance, from HEMAP applications to counseling and, where needed, housing transition support. The community action agencies serving our region are: Blueprints, for Washington and Greene Counties (www.myblueprints.org); Fayette County Community Action (www.fccaa.org) and the Community Action Partnership of Somerset County (www.capfsc.org).
HOW WE CAN HELP
If you are financially eligible, we can help you with these actions or refer you to another agency who can do the same. Our foreclosure lawyers can also help file an appropriate response to a Complaint, delay the foreclosure action while attempting to negotiate a settlement or, if there is no settlement, defend against the foreclosure case on your behalf. Our work would be no cost to you.
THE COUNTY COURT PROCESS
Prior to a Complaint in Foreclosure being filed, you will receive an Act 91 Notice. You should contact us upon receiving such notice and before you receive the Complaint. If you do not, you should contact us upon receiving the Complaint.
FAYETTE COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Fayette County has a mortgage foreclosure diversionary program, allowing for a 90 day stay, or delay, of the foreclosure action while you attempt to settle with the lender and avoid further court action. For local rules, go to www.co.fayette.pa.us.
GREENE COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Greene County does not have a mortgage foreclosure diversionary program; however, we can help you attempt to settle with the lender to try to avoid further court action. For local rules, go to www.co.greene.pa.us.
SOMERSET COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Somerset County has a mortgage foreclosure diversionary program, allowing for a 60 day stay, or delay, of the foreclosure action while you attempt to settle with the lender and avoid further court action. For local rules, go to www.co.somerset.pa.us.
WASHINGTON COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Washington County has a mortgage foreclosure diversionary program, allowing for a 90 day stay, or delay, of the foreclosure action while you attempt to settle with the lender and avoid further court action. For local rules, go to www.washingtoncourts.us.
ARMSTRONG COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Armstrong County does not have a mortgage foreclosure diversionary program; however, we can help you attempt to settle with the lender to try to avoid further court action. For local rules, go to co.armstrong.pa.us/countypa.gov
CAMBRIA COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Cambria County does not have a mortgage foreclosure diversionary program; however, we can help you attempt to settle with the lender to try to avoid further court action. For local rules, go to www.cambriacountypa.gov
CLARION COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Clarion County does not have a mortgage foreclosure diversionary program; however, we can help you attempt to settle with the lender to try to avoid further court action. For local rules, go to www.co.clarion.pa.us
INDIANA COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Indiana County does not have a mortgage foreclosure diversionary program; however, we can help you attempt to settle with the lender to try to avoid further court action. For local rules, go to www.indianacountypa.gov
JEFFERSON COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Jefferson County does not have a mortgage foreclosure diversionary program; however, we can help you attempt to settle with the lender to try to avoid further court action. For local rules, go to www.jeffersoncountypa.gov
WESTMORELAND COUNTY
Mortgage foreclosure complaints, and all responses, are filed with the Prothonotary at the courthouse. Westmoreland County does not have a mortgage foreclosure diversionary program; however, we can help you attempt to settle with the lender to try to avoid further court action. For local rules, go to www.westmorelandcountypa.gov
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