In Pennsylvania, the foreclosure process can move very quickly without effective legal aid. Within a short amount of time, you can be dealt a harsh blow to your living situation and long-term financial outlook. But you aren’t defenseless. There are legal countermeasures you can employ to slow proceedings. Exercising these rights can give you more time to formulate a long-term financial plan.
Legal Strategy – Allege Procedural Defenses
A procedural defense points out a mistake the lender has made during the foreclosure process. Lenders may be wrong in any number of areas, particularly with regard to pre-foreclosure requirements or due process. Lenders are required to conduct proceedings in the following ways, and there are additional ways they may have violated your agreement:
- Lenders must provide proper notice (in Pennsylvania, Act 6 stipulates lenders provide written notice 30 days before court action)
- Lenders must give you a fair chance to correct the loan default
- Lenders must properly advertise the sale
- Lenders must introduce the original documents in the foreclosure proceedings
- Lenders must bring the foreclosure proceeding in the name of the real mortgage holder
Non-Legal Strategy – Apply for Home Loan Modification
While fighting the foreclosure in state court, I often advise my clients to seek out FREE assistance of a certified housing counselor to facilitate a FREE home loan application under Home Affordable Modification Program (HAMP) and to determine if they are eligible to participate in the Pennsylvania Homeowners’ Emergency Mortgage Assistance Program (HEMAP).
In Philadelphia, I often refer clients to Clarifi, which is certified by the U.S. Department of Housing and Urban Development (HUD) as a comprehensive housing counseling agency and approved as a PA and NJ Housing Finance agency.
There are several ways to connect with Clarifi.
- E-Mail [email protected]
- 1608 Walnut Street, 10th Floor, Philadelphia, PA 19103