Foreclosure is a legal procedure in which property pledged
as security is sold to satisfy the debt.
A mortgage lender’s rights can be enforced through foreclosure if the
borrower defaults on mortgage payments or fails to fulfill any of the other
obligations in the mortgage. The
foreclosure process in Pennsylvania begins when a borrower fails to make
payments on a mortgage loan, or an owner fails to pay property taxes or
water/sewer bills, or any other lien holder pursues its right to collect the
debt secured by the property.
Sample Timeline
for Foreclosure in Pennsylvania
August 1, 2011
|
August mortgage
payment due but not paid
|
September 1, 2011
|
September mortgage
payment also due. Two months’ payments are now due.
|
October 1, 2011
|
October mortgage
payment due. Three months’ payments are now due.
|
October 6, 2011
|
Lis Pendens
Notice. Lender sends a Notice of Intent to Foreclosure (Act 6 Notice)
to the borrower. The lender may also send an Act 91. The homeowner has
20-30 days to respond.
|
November 9, 2011
|
The maximum 30 days
in the Act 6 and Act 91 Notices are up. The lender hires a foreclosure
attorney.
|
December 9, 2011
|
The foreclosure
attorney for the lender files a complaint at the county courthouse (Court of
Common Pleas).
|
January 24, 2012
|
The borrower fails
to respond to the complaint, and a default judgment is entered in favor of
the lender.
|
February 26, 2012
|
The county Sheriff’s
office schedules a date for the Sheriff’s Sale.
|
March 26, 2012
|
A notice of the
Sheriff’s Sale is sent to the borrower and to other lien holders.
|
April 26, 2012
|
The Sheriff’s Sale
is held.
|
April 28, 2012
|
The Sheriff’s office
prepares and records a deed conveying title to the purchaser. If a
third party did not purchase the property at the Sheriff’s Sale, then the
deed conveys title to the mortgage lender.
|
April 29, 2012
|
Eviction or
Ejectment process begins if the borrower is still residing at the property.
|
Typically the foreclosure process
in Pennsylvania will take longer than the above diagram. The lender may delay filing of a foreclosure
lawsuit because they’re inundated or because they are attempting a workout with
the borrower. The borrower could delay
the process with legal motions. The
judge in the county court may delay the foreclosure process to see if the
borrower and lender’s attorney can reach a better solution. The Sheriff’s Department may delay the sale
because they’re overwhelmed.
From the Blog: Stop Foreclosure Right Now. Re-printed with permission.
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