How Long Does it Take to Foreclose on a House in Pennsylvania?

One of the most frustrating parts about foreclosure is that it is a long and complicated process. You might not know when or how it begins or when it can be expected to end. Generally, most people have at least a few months from the time foreclosure begins to the time it ends, and they can use that time to either fight the foreclosure with a lawyer or plan their next move when it is all over.

Under federal law, when a bank or other lender initiates foreclosure because of delinquent mortgage payments, they cannot complete foreclosure until the borrower is more than 120 days delinquent. However, many borrowers can delay foreclosure by challenging it. Maybe you want to work out an agreement with the bank to wait longer while you get funds together. Maybe you decide to file for bankruptcy, which may slow the foreclosure process. Foreclosures usually do not happen overnight, and you should have some time to find a lawyer and figure out how to protect your home.

For a free initial review of your case, call Young, Marr, Mallis & Associates at (215) 701-6519 and talk to our Pennsylvania mortgage foreclosure defense lawyers.

How Much Time it Takes to Foreclose on a Home in Pennsylvania

The foreclosure process must follow a specific set of rules and procedures, and these procedures are largely the same for everyone. Even so, different people get through the foreclosure process at different times. Some might complete the process relatively quickly. Others might spend more time in foreclosure, especially if their situation is more legally complicated.

Slowing Down the Foreclosure Process

One important factor for anyone facing foreclosure in Pennsylvania is the court system. Pennsylvania is a judicial foreclosure state, meaning all foreclosure proceedings must go through the courts. Foreclosures in Pennsylvania begin like a lawsuit, and the bank must file a claim against you. If and when this happens, our Pennsylvania mortgage foreclosure lawyers will help you file an answer and challenge the foreclosure. The fact that your case must go through the courts might buy you some extra time. Not only that, but the court’s schedule may play a role. If the court is busy and cannot hold foreclosure proceedings for weeks or months, your case will likely take longer to complete.

One way to slow down the foreclosure process that you can actually control is by challenging the foreclosure. Banks or other lenders are sometimes too eager to foreclose, and they sometimes get started prematurely. If you have received the first foreclosure notice but have done nothing to warrant such a notice, tell a lawyer immediately.

You might also slow down the process by filing for bankruptcy. When the federal bankruptcy court accepts a bankruptcy petition, the court issues an automatic stay under 11. U.S.C. § 362(a). The automatic stay is a court order that prevents creditors and banks from initiating legal action against you, and any currently pending action may be halted. If you are in foreclosure when you file for bankruptcy, the foreclosure process must stop, at least until the automatic stay is lifted.

Speeding up a Foreclosure

If you would rather get the foreclosure process over with as quickly as possible, you can help speed things along by not challenging the foreclosure. By not putting up a fight, your case will work its way through the courts much quicker. While this might seem like a bad idea, it is what some people want. If foreclosure is a losing battle, your efforts might be better spent on planning your life after the foreclosure rather than fighting it.

If you do not challenge a foreclosure, it may be completed about 120 days from your initial notice. Under 12 C.F.R. § 1024.41(f), the bank may not legally foreclose on someone’s property unless they are more than 120 days delinquent with mortgage payments. Missing just one or two payments might get the bank’s attention, but they cannot foreclose at that time.

How Foreclosures Usually Begin in Pennsylvania

Foreclosure typically begins with a first notice from the bank. The notice, which will likely come in the mail, may be in response to a missed mortgage payment or something else that could trigger foreclosure. The first notice does not mean you are in foreclosure. It means that if you cannot catch up on mortgage payments in the next 120 days, the bank has the right to foreclose and may do so. If you have received such a notice, hire a lawyer immediately.

Under the law mentioned above, a lender, creditor, or bank cannot legally foreclose on a house due to late mortgage payments until the borrower is more than 120 days delinquent. So, by federal law, the pre-foreclosure period must last at least 120 days. You may use this time to seek legal representation and meet with the bank to work out a solution. Banks typically just want to get paid, and if there is a way to make that happen for them, they may be willing to show leniency or otherwise work with you so you can avoid foreclosure.

The first notice should explain what is wrong. If you are behind on payments, this should be explained in the notice. Not only that, but the notice usually explains what the borrower must do to avoid foreclosure, such as how much money they must pay the bank.

Challenging a Home Foreclosure in Pennsylvania

You can and should begin working against foreclosure as soon as you receive the first notice. This might be as simple as sending the bank your missed mortgage payments. Your situation might be more complicated if you do not have the money, which is a common problem. Hire a lawyer with experience fighting foreclosures. Retain all communications between you and the lender, which is often the bank. These communications may include emails, letters, and phone calls.

Your time to fight the foreclosure may be limited, and the best way to challenge foreclosure will depend on your circumstances. Check with your attorney about how much time you have. It is possible the bank has miscalculated the time, and you are not yet 120 days late. It is also possible that there has been some mistake, and you should not be in foreclosure. Your lawyer can raise these issues and more in court.

Contact Our Pennsylvania Mortgage Foreclosure Defense Lawyers for Help

For a free initial review of your case, call Young, Marr, Mallis & Associates at (215) 701-6519 and talk to our Philadelphia mortgage foreclosure defense lawyers.