Legal Question in Real Estate Law in Pennsylvania

foreclosure -civil suit

I have been sued by my mortgage company in civil court and I have to enter a plea. I can't afford an attorney. When I bought my home I did with a relative. She changed her name and at closing table the had closing docs in wrong name. They had to redo the docs and when they did the interest rate changed. The loan docs state also we have a balloon payment do in our loan & that it states that the balloon payment must be verbally explained to us. It never was. I was never told we had an adjustable rate either. Are these issues to justify a not-guilty plea?


Asked on 2/19/09, 9:32 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: foreclosure -civil suit

If the law suit is to foreclose on your home, you do not enter a guilty or not guilty plea. Those please are used in criminal cases.

You do need to take immediate action to save your home.

The lawyer for the mortgage company should have provided you with notices [Act 91, Act 6], required under PA law before a foreclosure may begin, telling you about resources that can help you avoid foreclosure, and approved non-profit credit counseling agencies which can go over your finances and help you make a proposal to the mortgage company to change some of its terms so that you will be able to afford the payments.

There may be defenses that you could raise to oppose the mortgage foreclosure. What you describe about the closing doesn't sound right, but there is more information about it that you should discuss with a lawyer.

If you cannot afford an attorney and qualify for free legal services, the Community Legal Services or similar Legal Aid office in your area may be able to provide free legal services to you.

Also, be wary of so-called "save your home" companies that require you to pay them or to transfer your home to them. They take advantage of people in your position, take your money, and do not help you.

Look into getting Legal Aid assistance immediately. Also, if you did receive the Notices, apply to the agencies named in those notices for assistance.

Good luck.

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Answered on 2/19/09, 9:51 pm


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