A Pennsylvania Writ of Execution (Mortgage Foreclosure) is a legal document issued by a court to a sheriff or constable that orders the sale of a mortgaged property. The writ is issued when a mortgagor fails to make payments on their loan or otherwise fails to fulfill the terms of the mortgage agreement. The purpose of the writ is to force the mortgagor to either pay what they owe or face the consequences of having their property sold off to pay off the debt. There are two types of Pennsylvania Writ of Execution (Mortgage Foreclosure): the Judicial Sale and the Sheriff's Sale. The Judicial Sale is a court-supervised sale of the property, conducted by a referee or a private sale. The Sheriff's Sale is a public auction of the property, conducted by a sheriff or constable. In either case, the proceeds of the sale are used to pay off the debt.
Pennsylvania Writ of Execution (Mortgage Foreclosure)
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FAQ
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.
Once granted, a Writ of Execution is good for 90 days.
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.
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.
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.
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.