Pennsylvania Precise and Writ of Execution Mortgage Foreclosure is a process whereby a mortgage lender can recover the money owed to them by a borrower. The Precise is a legal document that initiates the foreclosure process, and the Writ of Execution is a court order that authorizes the sheriff to take possession of the property and sell it at public auction. There are two types of Pennsylvania Precise and Writ of Execution Mortgage Foreclosure: Judicial Foreclosure and Non-Judicial Foreclosure. Judicial Foreclosure requires the lender to file a lawsuit against the borrower in civil court, while Non-Judicial Foreclosure is less formal and does not involve a court hearing. Both processes begin with the lender filing a Precise, followed by the Writ of Execution that orders the sheriff to take possession of the property and conduct a public auction.
Pennsylvania Praecipe and Writ of Execution Mortgage Foreclosure
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FAQ
A writ of execution is a court order directing the Sheriff to take an action to enforce a judgement.
Stopping the Writ of Execution The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment.
What happens if a defendant does not pay a judgement? A creditor can enforce the judgement and use state laws to seize assets in the hands of the debtor or third parties to collect the amount owed.
Foreclosure service Pennsylvania foreclosure proceedings require the foreclosure notice to be served along with a 20-day summons. If no response is received, the borrower must receive a second, 10-day summons. As such, borrowers may file a response to the foreclosure complaint within 30 days of receiving the complaint.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
Once granted, a Writ of Execution is good for 90 days.
A document that a plaintiff files with the prothonotary to commence a civil action in a Pennsylvania court of common pleas before filing a complaint (Pa. R. Civ.
The writ authorizes the sheriff's office to take certain action to collect the monies against the debtor. When you file a writ of execution you are then directing the sheriff to take some additional action concerning the judgment. This can apply significant pressure for the debtor to pay.