Pennsylvania 12. Writ of Execution — Mortgage Foreclosure is a court order issued by a court of law to a sheriff or constable to enforce a money judgment entered against a defendant in a lawsuit. The writ orders the sheriff to take possession of real estate (mortgaged property) owned by the defendant and to sell it at public auction. The proceeds are then used to satisfy the judgment. The types of Pennsylvania 12. Writ of Execution — Mortgage Foreclosure include: judicial foreclosure, power of sale foreclosure, and strict foreclosure.
Pennsylvania 12. Writ of Execution - Mortgage Foreclosure
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12. Writ of Execution - Mortgage Foreclosure
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Once granted, a Writ of Execution is good for 90 days.
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.
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.
The statute of limitations for such documents is 20 years unless some other statute sets a different time. Mortgage loans. The state of Pennsylvania has no legal requirement for a mortgage lender to foreclose within a stipulated period after a default.
How long does foreclosure take in PA? The PA foreclosure process can take anywhere from several months to over a year, depending on the specific circumstances and any legal challenge to the foreclosure filing. From the first missed payment, it takes 120 days before the bank can file a foreclosure.
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.