← Blog

Foreclosure Defense Attorney Pennsylvania | Stop Sheriff Sale | Quinlan Law Group

Foreclosure Defense Attorney in Pennsylvania — Stop the Sheriff's Sale.

Pennsylvania is a judicial foreclosure state — your lender must sue you in state court and obtain a judgment before scheduling a sheriff's sale of your home. Once a sheriff's sale is scheduled, the clock moves fast. Chapter 13 bankruptcy stops a Pennsylvania sheriff's sale immediately — the instant the petition is filed — through the automatic stay under 11 U.S.C. §362. Quinlan Law Group has stopped Pennsylvania sheriff's sales filed hours before the sale date. Call us the moment you receive a sale notice.

Call (717) 724-7503 | Schedule a free consultation

Pennsylvania's foreclosure process.

  • Act 91 Notice: Lender sends a required pre-foreclosure notice giving you 30 days to apply for mortgage assistance before suit is filed.
  • Complaint in Mortgage Foreclosure: Lender files suit in Common Pleas Court. You have 20 days to respond.
  • Default Judgment or Trial: If you do not respond, the lender obtains a default judgment.
  • Writ of Execution: After judgment, the lender obtains a writ directing the sheriff to sell the property.
  • Sheriff's Sale Notice: You receive notice of the sale date — at least 30 days before the sale in most counties.
  • Sheriff's Sale: The property is sold at public auction.

At any point before the sheriff's sale — including the morning of the sale — Chapter 13 bankruptcy can stop the process through the automatic stay.

How Chapter 13 saves your home.

  • The automatic stay stops the sheriff's sale immediately upon filing.
  • Your Chapter 13 plan spreads the mortgage arrears over 3-5 years of monthly payments.
  • You resume making regular monthly mortgage payments going forward.
  • At the end of the plan, your mortgage is current and your home is saved.

The lender cannot resume foreclosure as long as you are making your Chapter 13 plan payments and staying current on your regular mortgage payment.

Lien stripping in Chapter 13.

If your home has a second mortgage or home equity loan that is wholly unsecured — meaning the value of your home is less than or equal to the balance of your first mortgage — Chapter 13 allows the court to strip that lien under 11 U.S.C. §506(a) and (d). The stripped second mortgage is treated as unsecured debt, paid pennies on the dollar through the plan, and discharged at completion. The lien is permanently removed from your property.

Counties we serve.

Middle District: Adams, Bradford, Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, and York County.

Eastern District: Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, and Philadelphia County.

The sooner we talk, the more we can do. If you have a sheriff's sale date, call now.

Call (717) 724-7503 | Schedule a free consultation

Quinlan Law Group | 3425 Simpson Ferry Rd, Suite 100, Camp Hill, PA 17011

Attorney advertising. Prior results do not guarantee a similar outcome. This site does not create an attorney-client relationship.

FAQ

Related questions

See all FAQs

No cost. No obligation.

Book your free bankruptcy consultation call.

Pick a time that works for you — Attorney Sean Quinlan offers free phone consultations to clients throughout Pennsylvania.

Prefer to call? (717) 724-7503