Homeowners’ Rights Against Foreclosure in Philadelphia
Facing foreclosure is overwhelming, but homeowners in Philadelphia have legal protections that can slow the process, create opportunities to resolve the issue, or even stop foreclosure altogether. At Louis S. Schwartz, Attorneys at Law (ConsumerLawPA), we help homeowners understand and assert their rights during every stage of foreclosure. Whether you are behind on your mortgage, already served with a complaint, or facing a sheriff’s sale, you still have options. Knowing your rights is the first step in taking back control.
Foreclosure is not just a financial matter. It affects families, stability, and futures. That is why Pennsylvania law provides specific procedures lenders must follow, and Philadelphia offers additional programs that can help protect your home. Our office works closely with clients to ensure their rights are fully respected and that no one loses their property without being heard.
The Right to Proper Notice
In Pennsylvania, foreclosure is a judicial process. That means a lender cannot foreclose on your home without first going to court. Before they even file a lawsuit, however, they are legally required to give you a written Notice of Intent to Foreclose at least 30 days in advance. This notice must clearly explain the amount you owe, how to cure the default, and the name of the lender.
Additionally, if your mortgage is covered under the Pennsylvania Housing Finance Agency (PHFA), the lender may be required to send you what is called an Act 91 Notice. This notice gives you the opportunity to apply for state-sponsored mortgage assistance, which could delay or stop foreclosure.
Many homeowners we speak to either never received these notices or received them in a form that failed to comply with the law. If your lender skipped this step or failed to provide you with a clear opportunity to respond, they may have violated your rights. Our firm knows how to identify these violations and use them to your advantage in court.
The Right to Respond in Court
Once a foreclosure complaint is filed, you have the right to respond. In Philadelphia, the lender must file a complaint with the Court of Common Pleas, and you have 20 days to file an answer. If you do not respond, the lender can request a default judgment, which allows them to proceed with a sheriff’s sale of your home.
This short window is critical. Filing a legal response may allow you to assert defenses, delay proceedings, or even dismiss the case if the lender failed to meet legal requirements. At ConsumerLawPA, we examine every detail of the complaint to look for errors in loan servicing, documentation issues, or violations of consumer protection laws.
Do not assume that being behind on payments means you have no rights. The court process exists to give you a fair opportunity to be heard. Working with an attorney increases your chances of protecting your home and opens the door to alternatives that might not be available otherwise.
Protection Through the Mortgage Foreclosure Diversion Program
Philadelphia offers an additional layer of protection through its Mortgage Foreclosure Diversion Program. This city-sponsored initiative helps homeowners avoid foreclosure through mediation. It requires mortgage companies to participate in a face-to-face conference with the homeowner, often resulting in negotiated outcomes like loan modifications or repayment agreements.
Participation in the diversion program is available for owner-occupied homes within the city limits. You must act quickly to take advantage of this opportunity, typically right after you are served with a foreclosure complaint. Our firm regularly represents clients during these conferences, making sure they submit the correct paperwork, meet deadlines, and present a strong case for resolution.
The diversion program has helped thousands of Philadelphia families keep their homes. Even when a complete loan reinstatement is not possible, many lenders will agree to new terms rather than risk litigation. With the right legal support, this program can offer a second chance to get back on track.
The Right to Pursue Alternatives
You are not limited to fighting foreclosure in court. Homeowners have the right to explore other options, including:
- Loan modification
- Forbearance
- Short sale
- Deed in lieu of foreclosure
- Chapter 13 bankruptcy
These alternatives may help you stay in your home or exit without the severe credit damage of a completed foreclosure. Lenders are often willing to negotiate when presented with a clear plan. We help our clients prepare those plans, advocate on their behalf, and ensure their rights are protected throughout the process.
Choosing the best strategy depends on your goals, your financial picture, and your timeline. Whether you want to keep your home or find a way to move on with minimal damage, our office is here to help you make an informed decision.
Why Legal Representation Matters
Understanding your rights is essential, but enforcing them often requires legal action. Lenders have attorneys working on their side. You deserve someone working on yours. An experienced foreclosure defense attorney can review your case, raise valid legal defenses, negotiate directly with lenders, and represent you in court proceedings.
Louis S. Schwartz has decades of experience helping Philadelphia homeowners protect their rights during foreclosure. At ConsumerLawPA, we are committed to making sure no one is pushed out of their home without being treated fairly under the law. We understand the process, the court system, and the stress that comes with it all.
Talk to a Philadelphia Foreclosure Attorney Today
If you are facing foreclosure in Philadelphia, you still have time to take action. You have rights, and with the right legal help, you may be able to stop foreclosure, protect your credit, and stay in your home. Do not wait until your property is listed for sheriff’s sale.
Contact Louis S. Schwartz, Attorneys at Law, today to schedule a confidential consultation. Let us help you understand your options and fight for the outcome you deserve.
