MORTGAGE
FORECLOSURE

There is Help

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.  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 overwhelming as foreclosure may feel, there are steps you can take to protect your home.  Summit Legal Aid can help you understand your options and guide you through the process.

If You Receive A Notice of Foreclosure

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.

After the 30-Day Window

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.

Sheriff's Sale

If judgment is entered against you, your home may be scheduled for a Sheriff’s sale—usually within two to five months, depending on the county.

Even at this stage, you may still avoid foreclosure by catching up on payments or negotiating a payment plan with your mortgage company.

Contact Legal Aid Early

The best time to reach out to a foreclosure attorney is before a Complaint is filed against you.  Acting quickly gives you the most options to protect your home.

Help is available.  You don’t have to face foreclosure alone.

Summit Legal Aid 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.  Summit Legal Aid 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 at no cost to you.

The Court Process by County

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.

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

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

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

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

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

WE CAN HELP

Depending on the issue, we can give you advice, represent you in court, or help you fill out complicated legal paperwork. And if you qualify, our services will be free to you.

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