Pennsylvania Judgment Foreclosing Mortgage and Ordering Sale

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Description

A judicial foreclosure is one which results from a court action rather than from the power of sale given to a trustee. Judicial foreclosures occur when a trust deed or mortgage deed does not have a power of sale clause, thus compelling the lender to take the borrower to court. This is in contrast to a non-judicial foreclosure, in which a foreclosure can be completed outside the court system.
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FAQ

When Can a Pennsylvania Foreclosure Start? Under federal law, the servicer usually can't officially begin a foreclosure until you're more than 120 days past due on payments, subject to a couple of exceptions. (12 C.F.R. § 1024.41).

When individuals get loans from the U.S. Department of Agriculture or the Federal Housing Administration, they will get Act 6 notices of foreclosure when they have entered into mortgage default. These notices must be sent at least 30 days before a lender can file a foreclosure claim with the court in Pennsylvania.

In Pennsylvania, the process of foreclosure commences after you, the borrower, becomes at least 60 days late on their mortgage payments. Before the lender starts foreclosure, they will generally have to send out two letters through the mail to notify you of their intent to begin foreclosure soon.

A: In Pennsylvania, federal tax liens, municipal claims, mechanics' liens, and judgment liens may survive foreclosure, depending on the circumstances.

The sale will be a public auction overseen by the county sheriff. Normally, 1 to 2 months will pass after the court order before the sale begins. The foreclosed property is auctioned to the highest bidder, whereby the sheriff completes necessary paperwork and officially transfers the ownership to the new owner.

Generally, properties are sold free and clear of liens and encumbrances. However, some properties are sold subject to other liens. You take subject to those liens to the extent they remain unpaid.

For example, a federal tax lien, a state lien, or a judgment from a court are all subsequent ? junior to the foreclosure. That translates to all junior liens being wiped off the property.

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Pennsylvania Judgment Foreclosing Mortgage and Ordering Sale