Legal Question in Real Estate Law in Pennsylvania
My house is in the Foreclosure process, it has been vacated for 5 months. It appears as if the Lender is pretty close to legally taking posession. However, we have never been served the paperwork by the Sheriff. After checking with the local court I found that there is a record of them serving us out of state, but is appears to be fabricated. What does this mean for me legally if anything? I really don't want the house, but with all the scrutiny on illegal foreclosure, wouldn't this be a serious mistake for them?
1 Answer from Attorneys
I'd worry about the bank about as much as it's worrying about you -- which is to say, not an ounce. If you were looking to stay in your home or save it from foreclosure, you could perhaps raise a technical defense for improper service of civil process -- but since you're already out of the house and have no intent to save it, it's irrelevant. If no one raises a flag about it, however, then it's "no harm, no foul" for the bank and it retakes the house through the judicial process. The paperwork will appear legitimate unless someone objects.
The bottom line is that it's meaningless for you given the choice you've made to move out. Best of luck to you.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
