Philadelphia Mortgage Foreclosure Defense Attorney
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At Sadek Bankruptcy Law Offices, we realize that every situation is different. Our debt relief lawyers will take the time to learn about your situation and your goals. Our objective is to explain your legal options and offer the best debt relief strategy for you in the most compassionate and friendly manner possible. Call 24/7 to schedule your meeting with a lawyer.
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Our office understands the financial stress our clients endure. Therefore, in addition to reasonable legal fees, we offer a payment plan to all of our valued clients to make quality legal services most affordable.
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In addition to our primary law office in Center City, Philadelphia, we also have law offices throughout the Greater Philadelphia, Pennsylvania Area and in New Jersey. Our branch offices have contributed to making us the #1 Bankruptcy Filer and debt relief firm in the Greater Philadelphia area. Our goal is to have a convenient location within 20 minutes of where our clients work or reside.
Mortgage Foreclosure Defense Lawyer in Philadelphia, PA
Chapter 13 Bankruptcy is a repayment plan and is commonly used to stop foreclosure or lower overall monthly expenses.
A Chapter 13 Plan is filed with the court and later confirmed allowing the Petitioner to repay mortgage arrears or only cents on the dollar of their unsecured debts (credit cards, medical bills, personal loans, collection accounts, and certain tax obligations, among others).
A Petitioner usually qualifies for Chapter 13 Bankruptcy protection based on the equity in real estate (house) or based on higher income qualifications, as discussed below.
What Is Foreclosure?
Foreclosure is a legal process where a lender takes possession of a property due to the borrower’s failure to meet mortgage obligations. It typically involves the sale of the property to recover the outstanding debt. A foreclosure lawyer with Sadek Bankruptcy Law Offices can help you face foreclosure head-on. We will assist you by offering qualified legal advice and representation to protect your rights and explore options to avoid foreclosure or mitigate its consequences.
Short Sale vs Foreclosure
Foreclosure involves a mortgage lender seizing a property from a borrower when they fail to make mortgage payments. It does not always involve a sale of the property, as the borrower has time to resolve the issue before the foreclosure auction begins.
A short sale, on the other hand, is when a homeowner sells the property for less than the outstanding mortgage balance. With approval from the mortgage lender, this allows them to avoid foreclosure and repay a portion of the loan with the proceeds from the sale.
What Is the Foreclosure Process in Philadelphia?
The Pennsylvania foreclosure process begins when a homeowner defaults on their mortgage payments, typically after missing several payments. The lender issues a Notice of Default, informing the homeowner of the delinquency and the intention to initiate foreclosure proceedings. This notice provides a timeframe for the homeowner to bring the mortgage current and avoid foreclosure.
If the homeowner fails to remedy the default, the lender files a foreclosure lawsuit. In judicial foreclosures, the lender must obtain a court order to foreclose. Throughout this period, an experienced foreclosure defense attorney can negotiate with the lender, seek loan modifications, or challenge the foreclosure’s legality to protect the homeowner’s interests.
Once the foreclosure process advances, a Notice of Sale is issued, scheduling the property for auction. The auction is typically held at a public venue, where the property is sold to the highest bidder. If the property does not sell at auction, it becomes Real Estate Owned (REO) by the lender.
After the auction or REO designation, the homeowner must vacate the property. The new owner may file for an eviction if the homeowner refuses to leave. Throughout the foreclosure process, legal representation is crucial. An experienced foreclosure defense attorney can help you explore alternatives to foreclosure, such as short sales, deeds in lieu of foreclosure, and even bankruptcy. Bankruptcy, specifically, can help you save your home from foreclosure entirely.
How Does Foreclosure Work in Philadelphia?
In foreclosure cases, mortgage lenders seize properties when borrowers fail to pay their mortgages. The process begins with a Notice of Default and can proceed through judicial or non-judicial routes, depending on state foreclosure laws. Homeowners may seek the assistance of a bankruptcy lawyer to explore options such as filing for bankruptcy, which can temporarily halt foreclosure and provide time to reorganize their finances. Understanding foreclosure laws and obtaining legal representation is crucial to working through this complex process and protecting your rights.
How Long Does Foreclosure Take in Philadelphia?
Typically, the process of a foreclosure case can take anywhere from a few months to over a year. Factors such as court schedules, lender efficiency, and homeowner actions can influence the timeline.
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Who will I be meeting with?
You will be meeting with an experienced and trusted debt relief lawyer via phone, zoom or in-person who is licensed to practice in Pennsylvania and New Jersey. If schedules allow, most people speak with our firm’s founding Partner, Brad J. Sadek.
How long is the consultation?
The consultation is generally 15-30 minutes, however, a complex matter may take more time.
How much does the consultation cost?
The consultation is free of charge and you are under no obligation to hire our law firm.
How much do legal services cost?
Until we are made aware of your individual circumstances it is not possible to give a legal fee or legal strategy. You will be given a specific legal fee tailored to your situation at the consultation. Please note, our retainer (deposit to hire Sadek Bankruptcy Law Offices) can be as low as $200.00.
Do you offer a payment plan?
We offer each client a payment plan to make legal services most affordable.
How Does a Homeowner End Up Facing Foreclosure?
At Sadek Bankruptcy Law Offices, we realize that it was not your intention to fall behind on your mortgage. We also realize that the monthly mortgage payment is one of your highest priorities.
For a variety of reasons; illness decreased earnings, unemployment, insurance increases, unforeseen repairs, and/or uncontrollable credit card debt, good people like you can quickly become seriously delinquent on monthly payments. From our five conveniently located offices in the Philadelphia region, our PA foreclosure defense firm has assisted thousands of homeowners to stop mortgage foreclosure action and establish long-term solutions for home retention.
If you are behind on your mortgage, received a Notice of Intent to Foreclose, received a Mortgage Foreclosure Complaint, or a Sheriff’s Foreclosure Sale date has been set, it is imperative you contact competent legal counsel. Call our office at 215-545-0008 to put our experience and knowledge to work for you.
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Our Mortgage Foreclosure Defense Lawyers Can Save Your Home
When defending a mortgage foreclosure, our lawyers are not simply defending a lawsuit, we are defending the American dream, a home of your own.
The mortgage foreclosure process is a complex one and many different options and legal strategies exist for the benefit of the homeowner. The foreclosure attorneys at Sadek Bankruptcy Law Offices pride themselves on the ability to keep our clients in their homes for a long, long time.
There are several tools that our firm uses to help homeowners. Below are some of the concerns potential clients may have and some of the methods used by our Philadelphia foreclosure lawyers to help homeowners in danger of losing their residences.
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A Pre-Foreclosure Forbearance Plan is Another Way of Preventing Foreclosure
Prior to a mortgage foreclosure taking place the mortgagee may be amenable to postponing a sale based on the reinstatement amount being repaid over a short period of time.
The pre-foreclosure forbearance plan repayment is different than a modification in that it does not alter the overall terms of the loan.
A pre-foreclosure forbearance plan is usually extended up to 6 months and requires that regular monthly mortgage payments plus the amount needed to cure all arrearages be paid within the time agreed upon.
Can I Litigate in Pennsylvania State Court to Stop a Foreclosure?
For Pennsylvanians who have previously lived out-of-state, they may be aware that in the United States foreclosures can generally follow a judicial track or a non-judicial track.
When mortgage foreclosures are judicial, it means that the lender must file a lawsuit in state court to commence the foreclosure proceedings. The foreclosure is handled through the court. Pennsylvania is a judicial foreclosure state meaning that all foreclosures must be filed with and handled through the state court system
As such, litigation strategies are often an option when facing foreclosure in Pennsylvania. However, litigation strategies depend on the particular financial situation at hand. Sadek Bankruptcy Law Offices has successfully defended Mortgage Foreclosure Actions through State Court Litigation.
One of the reasons why a PA foreclosure defense attorney can prepare to execute a strategy of this type is due to the fact that federal Consumer Financial Protection Bureau servicing rules (effective January 10, 2014) require a lender to wait until a borrower is at least 120 days behind on missed payments before they can file in state court to start the foreclosure.
For individuals who seek the services of a foreclosure attorney quickly after receiving this notice, this time can be utilized to explore potential state law-based defenses.
State court Litigation defense is generally more effective earlier in the mortgage foreclosure litigation process. Our defense commences with filing an Entry of Appearance on behalf of the homeowner in the Court of Common Pleas and filing Preliminary Objections and/or an Answer, Counterclaim to the Foreclosure Complaint.
When Is It Too Late to Stop Foreclosure in Philadelphia?
It is generally too late to stop foreclosure once the property has been sold at auction. However, some mortgage companies may still accept payment arrangements or loan modifications up until the sale date. Consulting with a foreclosure lawyer can provide guidance on last-minute options to potentially halt the process.
How to Stop Foreclosure in Philadelphia
There are several potential strategies for avoiding foreclosure. Working with your mortgage company is one option. Homeowners can negotiate mortgage modifications, which can lower monthly payments or extend the loan term, making it more manageable. Another option is reinstating the loan by paying the overdue amount in a lump sum.
Filing for bankruptcy can also halt foreclosure temporarily; a Chapter 13 bankruptcy allows homeowners to reorganize their debts and create a repayment plan, while a Chapter 7 bankruptcy provides an automatic stay that stops foreclosure proceedings immediately. Seeking advice from a foreclosure lawyer can help homeowners choose the best approach to prevent losing their home.
Filing Bankruptcy Provides Another Option to Stop Foreclosure and Protect Your Home
In some situations, Chapter 13 bankruptcy may present the highest likelihood of stopping the foreclosure process. A Chapter 13 Bankruptcy is a payment plan and is commonly used to stay mortgage foreclosure or lower overall monthly expenses.
A Chapter 13 Plan is filed with the court and later confirmed that can allow the Petitioner to repay mortgage arrears and to pay only cents on the dollar of their unsecured debts (credit cards, medical bills, personal loans, collection accounts, and certain tax obligation, among others).
A Petitioner usually qualifies for Chapter 13 Bankruptcy protection based on the equity in real estate (house) or based on higher income qualifications.
A Short Sale Can Mitigate the Consequences
A short sale of a property is a tool used to stay an imminent mortgage foreclosure. A short sale is where the mortgagor sells the subject property “short” of the mortgage amount.
For example, if one owes $100,000.00 on their home, but they have an agreement of sale stating a purchase price of $80,000.00, a short sale may be a possibility. A short sale has several obstacles, primarily; it must be approved by the mortgagee.
Further, the sale is dependent on the potential buyer receiving a mortgage in order to buy the subject property.
Contact the Philadelphia Foreclosure Defense Attorneys at Sadek Law Today
If you are facing foreclosure in Philadelphia, it’s essential to take immediate action to safeguard your home and financial future. Our experienced foreclosure defense attorneys can help you avoid foreclosure, including representing you in the United States bankruptcy court if necessary.
We understand the stress and uncertainty that comes with foreclosure, and we’re here to offer the support and guidance you need. Contact us today for a free consultation to discuss your options and start working towards a solution that protects your home and secures your financial future.
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