GoldbeckLaw Foreclosures and Ejectments

FORECLOSURE PROCEDURES FOR PENNSYLVANIA

PA. ACT 6 AND PA. ACT 91 DEMAND/HOUSING ASSISTANCE NOTICE LETTERS
Mortgage lenders must send the statutorily required notice letters prior to foreclosure referral. A title search must be ordered and received prior to filing a complaint. A title search is generally received within five to fifteen working days of our receipt of the file.

COMPLAINT FILED:
Sheriff has 30 days in which to serve Complaint or it expires and must be reinstated (usually served, on the average, within twenty days after Complaint is filed).

COMPLAINT SERVED:
Defendants have twenty days to file response (either preliminary objections or answer or both) to the Complaint. If no response, then Plaintiff must forward ten day Notice to Defendants (this Notice advises Defendants that if they do not take action within ten days of date of Notice, Judgment will be entered against them). Note: This Notice is not required in those foreclosure actions where the original principal balance is less than $50,000.00. If the USA is a Defendant, Judgment must be delayed for 60 days.

JUDGMENT ENTERED/WRIT OF EXECUTION ISSUED/SHERIFF'S SALE SCHEDULED:
If no response to Complaint is filed by Defendants and ten day Notice expires, judgment may be entered for mortgage foreclosure and sale of the property. Simultaneously, a Writ of Execution is issued and the Sheriff sale is scheduled. The Defendants must be served the Notice of Sheriff's Sale at least 30 days prior to the Sheriff's sale date. In addition, all lienholders must be served (by mail) 30 days prior to a sale. The individual Sheriff's departments set a monthly sale schedule. There is generally a 2 month to 4 month period of time from the filing of the writ until the actual sale date.

SALE DATE:
Sales may be postponed once and rescheduled within the next 100 day period. Any other postponements require a Court order. Bidding instructions are required for all loans. Payment of all settlement charges must be made to the Sheriff within thirty days of the sale or it may be declared null and void. Title and eviction information must be provided immediately after the sale in order to calculate settlement charges.

(For more information on calculating the bid and more specific information regarding the sale click here).

EJECTMENT PROCEDURES FOR PENNSYLVANIA

COMPLAINT FILED:
Sheriff has 30 days in which to serve Complaint or it expires and must be reinstated (usually served on the average within twenty days after Complaint is filed).

COMPLAINT SERVED:
Defendants have twenty days to file response to the Complaint. If no response, then Plaintiff must forward ten day Notice to Defendants (this Notice advises Defendants that if they do not take action within ten days of date of Notice, Judgment will be entered against them).

JUDGMENT ENTERED AND WRIT OF POSSESSION ISSUED:
If no response to Complaint is filed by Defendants and ten day Notice expires, judgment may be entered for Possession. Simultaneously, a Writ of Possession is issued and the Sheriff has thirty days to serve the Writ of Possession on Defendant (usually Sheriff serves on the average about twenty days form the issuance of Writ of Possession).

EJECTMENT DATE:
In Philadelphia County, after the Sheriff serves the Writ of Possession, the Occupants are given twenty days to move. On the twenty-first day after service of the Writ of Possession, if the occupants have not vacated the premises, the attorney telephones the Sheriff's Office to schedule the eviction. The Sheriff will then assign a date for the eviction which is within 90 days from the date judgment is entered.

In Bucks, Chester, Delaware and Montgomery Counties, after service of the Writ of Possession, the attorney telephones the Sheriff to schedule the eviction The Sheriff will then assign a date for the eviction which is generally within 45 days of the date judgment is entered.

You must provide a moving van and locksmith. The mortgage company must move the contents to a "local" storage facility and provide the residents with the opportunity to retrieve their belongings within 30 days. After that, the personal property may be disposed of by the moving company in accordance with the law.

DOCUMENTS REQUIRED FOR FORECLOSURE AND BANKRUPTCY

1. Referral letter - A letter in which the client will indicate the type of action our office will need to take on their behalf including a breakdown of all amounts due and owing. This letter should be enclosed with every new file received in the office.

2. Copy of Mortgage

3. Copy of Note

4. Copy of Assignments (if applicable)

5. Copy of of previous Title Policy

6. Copies of Act 6 & 91 Letters and proof of mailing if applicable (see Act Letters Guideline) (not required for bankruptcy or deed in lieu.)

7. A bankruptcy referral letter should contain the contractual due date and if any payments have been received from the mortgagor since the date the bankruptcy was filed. If a Proof of Claim needs to be filed, please provide a statement of arrears and a payoff statement, including all fees, costs and charges, as of the date the bankruptcy was filed. We recommend that a Motion for relief from the bankruptcy stay be filed if the mortgagor fails to make three or more monthly payments after the bankruptcy is filed.

Name
Title
Company
Address
E-mail
Phone