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Zachary Zawarski, Esq.
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Foreclosure Defense AttorneysZachary Zawarski is a Lehigh Valley foreclosure defense attorney. If you are facing foreclosure, we may be able to help you. We offer free consultations and we can determine if you qualify to refinance, can receive a loan modification, obtain short sale approval, or have any other options available to you to prevent foreclosure. Please contact us today for help.
Legal Services Provided
- Foreclosure Defense
- Short Sales
- Loan Modifications
- Mediation Representation
- Countersuits Against Lenders
- Striking Default Judgments
- Postponing Sheriff's Sales
- Deficiency Judgments
- Ejectment Actions
Act 6 Base Figure for 2013
In Pennsylvania, Act 6 (41 P.S. §403) is a notice that requires a lender to send a borrower a 30-day notice informing the borrower that the loan is in default prior to being able to commence a foreclosure action. The Notice informs the homeowner of their right to reinstate the mortgage within 30 days to prevent a foreclosure action. If a foreclosure action is filed and an Act 6 Notice was not sent via certified or registered mail, the homeowner has a defense to the foreclosure action. Act 6 only applies to mortgages with an original principal balance under a certain …
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What is a Pennsylvania Act 6 Notice?
A Pennsylvania Act 6 Notice, 41 P.S. §101, is a notice that a lender must send to a residential mortgage borrower prior to filing a foreclosure action in Court and it must be sent by certified or registered mail. The Act 6 notice does not apply to all mortgagors. The Notice only applies to residential mortgagors whose mortgage is $221,540 or less. If your mortgage exceeds this amount, you are not legally required to receive a notice before a lender begins a foreclosure action. However, once a foreclosure action is filed, you’ll be served with the Complaint by the sheriff. The …
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Pennsylvania Suspends Act 91 Foreclosure Notice Requirement
In Pennsylvania, mortgage lenders were required to give homeowners an Act 91 notice prior to filing a foreclosure action. Borrowers were given 33 days to cure the default or apply for assistance through an emergency program that could provide money to help borrowers cure the mortgage arrears. If the borrower applied for assistance within 33 days, the foreclosure could not proceed until a decision was made on whether the borrower is eligible for emergency assistance. The program was recently suspended and lenders are no longer required to provide homeowners in default with the Act 91 notice prior to commencing a …
The Deficiency Judgment Process in Pennsylvania Foreclosure Actions
A lot of Pennsylvania homeowners who are facing foreclosure have contacted me regarding the lender’s ability to receive a default judgment if the lender files a foreclosure action. Most lenders do not pursue deficiency judgments since they understand that most borrowers in default simply do not have the assets or means to pay their mortgage, much less a deficiency judgment. However, if the lender is aware that a borrower has other assets, such as a second home with equity, the lender has the ability to pursue a deficiency judgment. A deficiency judgment cannot be obtained until after the lender obtains …
What is the eviction process after a sheriff’s sale in Pennsylvania?
In Pennsylvania, a lender must file a complaint in mortgage foreclosure in court and obtain a judgment against a borrower prior to selling the borrower’s home at a sheriff’s sale. A foreclosure complaint would served upon the borrower and the borrower would be given twenty (20) days to respond. A complaint is typically served personally by sheriff and if the home is vacant, the lender can obtain the court’s permission to post notice of the foreclosure on the premises. If a foreclosure action is uncontested, a default judgment would be obtained. By contesting a foreclosure, the case would proceed to …