Legal Question in Real Estate Law in Pennsylvania

In a foreclosure process does the homeowner have to be told of when the sale date and time is? If so how much notice does the homeowner have to get? Also I understand that a homeowner can ask the lender to postpone the sale, if the lender does not the homeowner can then petition the county court for additional time - regardless of the lenders intentions. Is this true? If the homeowner files for chapter 13 bankruptcy the homeowner then must start to make the monthly mortgage payments but has up to 5 years to clean up the past payments, is this also correct? In essence one would think that as long as the lines of communication remain open it would be in everyones best interest to work together. Why would a bank refuse to work with a homeowner and go to foreclosure via sheriff sale then force a homeowner into a chapter 13 bankruptcy and the have to wait potentially 5 years to get the back payments cleaned up? Need advice!


Asked on 4/15/13, 11:47 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

You do need advice and should consult a local lawyer for it.

The homeowner should receive notice at many stages of foreclosure, but can't just let them go until the time of sale. Just communicating with the bank doesn't stop the process from moving ahead. What might make sense and be in everyone's best interest is not always what happens.

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THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 4/15/13, 1:15 pm


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