Foreclosure Help in Pennsylvania: How to Stop Foreclosure or a Sheriff Sale

Need help with foreclosure? The Law Offices of Michael Kuldiner, P.C. represents homeowners facing mortgage foreclosure in Bucks County and Montgomery County. If you have received a foreclosure notice, a complaint or a sheriff sale date, call (215) 942-2100 today. Deadlines are short, and the earlier you act, the more options you have.

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Emergency foreclosure help: is your sheriff sale coming up?

If a sheriff sale is scheduled, call us right away. Pennsylvania has no right to buy the home back after the sale, so every option to stop a sheriff sale has to be used before the sale date. Depending on your situation, ways to postpone a sheriff sale or stop a foreclosure sale can include:

Asking the lender to agree to postpone the sheriff sale while a loan modification or other workout is reviewed
Submitting a complete loss mitigation application more than 37 days before the sale, which under federal rules generally bars the servicer from conducting the sale while it is reviewed
Asking the court to stay the sale where the lender did not follow required procedures or another legal or equitable ground exists
Paying the amount needed to bring the loan current, if that is possible for you

We will tell you which of these, if any, fits your case. No attorney can promise a particular result.

The deadlines that matter

Act 91 notice. Before a lender can file most home foreclosures, it must send this notice. It gives you 30 days, plus 3 days for mailing, to meet with an approved housing counseling agency, and it tells you how to apply for state mortgage assistance (HEMAP).
Foreclosure complaint. Once you are served, the Notice to Defend gives you 20 days to respond in writing. If you do nothing, the lender can ask the court for a default judgment.
Sheriff sale. Notice of the sale must be served at least 30 days before the sale date (Pa.R.C.P. 3129.2). The time to act is before the sale.

How our attorneys help with foreclosure

Review your mortgage, notices and complaint for defects in procedure, standing and notice
File an answer and defenses so the case does not go by default
Represent you at court conciliation conferences and hearings
Negotiate with the lender or servicer for a loan modification, forbearance or repayment plan
Seek a postponement of a scheduled sheriff sale where there are grounds
Explain your other options, including reinstatement, short sale and deed in lieu of foreclosure

Bucks County foreclosure diversion program

The Bucks County Court of Common Pleas runs a mortgage foreclosure diversion program for owner-occupied homes. It schedules a conciliation conference where you, your lender’s attorney and a neutral conference officer discuss alternatives to foreclosure. Homeowners are told to call the program within 10 days of being served. We can represent you at the conference.

What to have ready when you call

Any foreclosure papers you received: the Act 91 notice, the complaint, or the sheriff sale notice
Your most recent mortgage statement
Any letters from your servicer about a loan modification or payment plan
A rough idea of your current household income and expenses

Frequently asked questions

How do I stop foreclosure in Pennsylvania?

Act early. Respond to the complaint within 20 days, apply for loss mitigation such as a loan modification, attend any court conciliation conference, and have an attorney review the lender’s papers for defects. Which steps can stop a foreclosure depends on how far the case has gone.

How do I stop a sheriff sale?

Before the sale date, a sale may be stopped or postponed by agreement with the lender, by a complete loss mitigation application filed more than 37 days before the sale, by a court stay where there are grounds, or by bringing the loan current. Call as soon as you have a sale date.

Can I postpone a sheriff sale?

Often, yes. Lenders frequently agree to postpone a sheriff sale while a workout is being reviewed, and the court can stay a sale where there is a legal or equitable reason to do so.

Can I save my home from foreclosure?

Many homeowners keep their homes through a loan modification, repayment plan or reinstatement, but the outcome depends on your income, your loan and the stage of the case. The sooner you get help, the more options remain.

Can I stay in my home during a foreclosure?

Yes. In Pennsylvania a lender has to go through the courts, and you can remain in the home while the case is pending and until the property is sold and you are lawfully removed.

Will the lender wait while I apply for a loan modification?

Federal rules generally bar a servicer from starting a foreclosure until a loan is more than 120 days delinquent. If you submit a complete loss mitigation application more than 37 days before a scheduled sale, the servicer generally cannot move for judgment or conduct the sale while it is being reviewed (12 C.F.R. § 1024.41).

What happens if I ignore the complaint?

The lender can obtain a default judgment and move toward a sheriff sale without your side being heard. Responding on time keeps your defenses and options open.

Can I be sued for the balance after the sale?

If the sale does not cover the debt, a lender that wants a deficiency judgment generally must file a petition within six months of the sale.

Get foreclosure help today

Use the contact form on this page to tell us where your case stands, and an attorney will contact you. For emergency foreclosure help, such as a sheriff sale in the next few weeks, call (215) 942-2100.

Offices in Feasterville, Doylestown and Norristown.

Attorney advertising. This page provides general information about Pennsylvania law and is not legal advice. Every situation is different, and no particular result can be guaranteed. Consult a licensed Pennsylvania attorney about your specific circumstances.