Philadelphia Ejectments Lawyer
Understanding Ejectments in Philadelphia
In the aftermath of foreclosure or property transfer, homeowners and occupants may face a legal action known as an “ejectment.” Unlike eviction, which applies to tenants under a lease agreement, ejectment is a lawsuit filed to remove someone who remains in possession of a property without any legal right to stay. At Louis S. Schwartz, Attorneys at Law (ConsumerLawPA), we represent individuals in Philadelphia who are facing or involved in ejectment actions—often as a result of foreclosure proceedings, disputes over ownership, or unresolved legal questions.
Ejectment cases are serious, and the consequences can be swift and severe. If you or a loved one is being asked to vacate a home after foreclosure, don’t assume you have no rights. Our firm helps protect homeowners and occupants from wrongful or premature removal.
What Is an Ejectment Action?
An ejectment is a civil lawsuit used to recover possession of real property from a person who is unlawfully occupying it. In Philadelphia, this often occurs when a former homeowner remains in the property after it has been sold at a sheriff’s sale or transferred to a bank or third-party purchaser following foreclosure.
Unlike a landlord-tenant dispute—which is handled in Municipal Court—ejectments are filed in the Philadelphia Court of Common Pleas and are governed by Pennsylvania civil procedure rules. The plaintiff (usually the new property owner) must prove that:
- They hold valid legal title to the property, and
- The current occupant has no legal right to remain.
The occupant, on the other hand, may raise defenses related to the legitimacy of the foreclosure, title defects, procedural irregularities, or other legal grounds.
Ejectment actions are not simple. They often involve complicated legal issues and require careful attention to notice, service, and procedural timelines. Our office has years of experience defending clients in such matters and helping them assert their rights in court.
Ejectment vs. Eviction: Key Differences
It’s common for people to confuse ejectment with eviction, but the two are fundamentally different:
- Eviction is for tenants who have violated a lease or remained after the lease ended. These cases are typically fast-tracked and handled in Landlord-Tenant Court.
- Ejectment is for non-tenants—such as former homeowners, heirs, or squatters—who are in possession without a lease or legal entitlement.
Because ejectment cases are handled in a higher court and require formal litigation, they tend to take longer and involve more complex legal arguments. If you’ve been served with an ejectment complaint, you should contact an attorney immediately. Failing to respond can lead to a default judgment and loss of your rights to remain in the property.
Common Situations Leading to Ejectments
Ejectments can arise from a variety of situations in Philadelphia, including:
- A homeowner continues to reside in the home after a foreclosure and sheriff’s sale
- A family member remains in a home after the death of the legal owner
- A person claims ownership through inheritance or verbal agreements not recognized by the court
- Squatters occupy a vacant property
- Title disputes following a fraudulent or defective transfer
In many cases, the occupant believes they have a right to stay in the property but never received proper notice of the foreclosure or sale. Others may have relied on informal agreements or misunderstandings about ownership rights. At ConsumerLawPA, we investigate the full history of the property and fight to protect clients from premature or unlawful removal.
Defending an Ejectment Action
If you have been served with an ejectment complaint, it’s essential to respond within 20 days of receiving notice. A formal legal answer must be filed with the Court of Common Pleas, and failure to do so can result in a default judgment in favor of the new owner.
Some of the defenses that may be available in an ejectment case include:
- Improper service of the complaint
- Defective or unlawful foreclosure
- Title disputes or unresolved liens
- Lack of notice or due process
- Ongoing litigation over ownership
- Violations of consumer protection laws
Our firm thoroughly reviews the foreclosure process, transfer documents, and the underlying facts of the case to build a strong defense. Even if ownership has transferred, you may still be entitled to remain in the home temporarily or negotiate a favorable resolution.
Negotiating Relocation or Post-Sale Agreements
In some cases, even when the ejectment action is legally valid, there may still be opportunities to negotiate additional time to move, obtain relocation assistance, or settle the case without trial. Many banks and third-party purchasers are open to arrangements that avoid the time and cost of prolonged litigation.
Louis S. Schwartz has successfully negotiated favorable terms for clients throughout Philadelphia, including “cash for keys” agreements, move-out timelines, and the removal of potential deficiency claims or liens. We work hard to ensure that your transition—whether temporary or permanent—is handled with dignity and on your terms whenever possible.
Protect Your Rights During an Ejectment Case
The biggest mistake many people make in an ejectment situation is assuming they have no legal options. In reality, Pennsylvania law provides protections for occupants, even if they are no longer the titleholder. Whether the issue involves foreclosure, inheritance, or disputed ownership, your rights matter—and they deserve to be defended by an experienced attorney.
At ConsumerLawPA, we take a compassionate but aggressive approach to ejectment defense. We understand the emotional toll of being forced out of a home and provide both legal support and practical strategies to help our clients protect their housing stability.
Speak with a Philadelphia Ejectment Defense Lawyer Today
If you are facing an ejectment lawsuit in Philadelphia, don’t wait to take action. Time is critical, and early intervention can make all the difference. Louis S. Schwartz, Attorneys at Law, is here to stand with you—whether you need to challenge the legality of a foreclosure, contest ownership claims, or negotiate additional time to relocate.
Call ConsumerLawPA today for a confidential consultation. We’ll help you understand your options, defend your rights, and move forward with clarity and confidence.
