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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.
Schedule a Consultation Now with a Philadelphia Bankruptcy Attorney
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.
The consultation is generally 15-30 minutes, however, a complex matter may take more time.
The consultation is free of charge and you are under no obligation to hire our law firm.
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.
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.
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.
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.
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.
More About Mortgage Foreclosure
Work with Our Dedicated and Experienced Bankruptcy Lawyers
Sadek Bankruptcy Law Offices, LLC has a dedicated team of lawyers who help clients achieve the benefits of bankruptcy in Pennsylvania and New Jersey. Our lawyers have over 75 years of combined experience and have filed more than 5,000 successful bankruptcy cases.