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Judgment Lien Forms Foreclose In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-0025LTR
Format:
Word;
Rich Text
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FAQ
Key Takeaways. A judgment lien is a court ruling that gives a creditor the right to take possession of a debtor's property if the debtor fails to fulfill their contractual obligations. Judgment liens are nonconsensual because they are attached to property without the owner's consent or agreement.
A judgment lien expires after 5 years from the date it is recorded but may be rerecorded once for another period of 5 years not less than 120 days before the expiration of the initial judgment.
To obtain a judgment lien, you must first record the judgment with the court of common pleas in the county where the debtor owns property. The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.
Judgments have expiration dates. If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date.
Steps to File a Valid Pennsylvania Mechanics Lien Send Preliminary Notice Within 30 Days. Send Pre-Lien Notice at Least 30 Days Before Filing. File Your Lien Claim at Prothonotary's Office. Serve Notice of Filing on the Owner. Start Suit to Enforce Lien Within Two Years. File a Lien Bond to Remove the Lien.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
During the 5 week notice period, the homeowner can stop the foreclosure by making-up all missed payments (including late fees and attorney costs) or working with an attorney to stop the foreclosure process. The only time it is too late to stop a foreclosure is when the property is sold at auction to a new party.
To respond to the Mortgage Foreclosure Summons, you actually must respond to the ``Complaint'' which was attached to the Summons. You file a response called an ``Answer'' that responds - paragraph by paragraph - to the claims about you in the Complaint.
This is a breakdown of the steps involved in foreclosing on a lien. File a mechanics lien. Filing a mechanics lien is the actual first step in the lien foreclosure process. Send notices. Hire a lawyer. Prepare your case. File your case. Serve the owners. Wait for your day in court. Collect on your judgment.
More info
Resolve judgments, liens, and debts. Steps the City will take to ensure that people pay bills and taxes.Before a residential mortgage can be foreclosed in Pennsylvania, the lender must give a 30-day notice of intention to foreclose (also known as an Act 6 Notice). A judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. The foreclosure process starts when the mortgage lender provides the homeowner with a written "Notice of Intent to Foreclose. You must file the form in Room 278 of City Hall, Philadelphia, PA 19107. When the Complaint in Ejectment is completed, it must be filed in the Office of Judicial Records – Civil Filing Center in City Hall, Room 296. If no appeal timely filed, judgment lien becomes effective once entered in the judgment index. If award is timely appealed, judgment lien attaches once verdict. Fill in the blank Claim of Mechanics Lien form formatted to comply with all Pennsylvania recording and content requirements.
