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How To Stop A Judicial Sale In Allegheny County

home for sale in a judicial sale
  • Blog
  • Jill
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  • December 22, 2020

How To Stop A Judicial Sale In Allegheny County

If a homeowner is delinquent on a mortgage for no less than 60 days, the lender can file for a court-ordered foreclosure. The lender can then hold a judicial sale, also referred to as a sheriff’s sale, on the home. 

While foreclosure can be a frightening and devastating process, the outcome doesn’t always have to be dire. Sometimes property owners in Allegheny County can stop the sale even merely one hour before the sale’s scheduled start time if:

  • Pay the mortgage balance in its entirety
  • Request a continuance
  • File for bankruptcy

These strategies might seem a little far-reaching but with the help of a reliable law practice, they can work. A trusted professional like  Bartifay Law Offices has the  knowledge and expert resources to guide you through the process. It’s a matter of being proactive in your efforts.

Stopping A Judicial Sale Once The Process Is Underway

There are a few options an Allegheny County homeowner has to stop the foreclosure of their home. They seem somewhat bleak, but with the right legal assistance, it’s not impossible to retain ownership of your home.

Paying The Mortgage Balance In Full

By contacting the sheriff or the county courthouse, you can get the exact balance, including all applicable fees, to pay off the property. In some states, there are restrictions on the amount of foreclosure fees chargeable. 

Advising Those In Charge Of The Sale

Any judicial sale can stop even an hour before the scheduled time. A homeowner has to show proof to the sheriff that they have the money to cover the balance’s payment.

For homeowners who aren’t able to provide the funds immediately, many intercounty judicial sale officials allow property owners continuances by contacting the appropriate party to ask for the postponement. Still, if there have been multiple continuances already, there might not be another opportunity.

Each Sale Differs By County

Proceedings vary between counties in Pennsylvania, so Allegheny is different from Philadelphia, with separate requirements for how they operate and how to stop the judicial sale. As a state, Pennsylvania is a judicial foreclosure area, meaning the court system oversees the proceedings, ultimately leading to the sheriff’s sale. 

The sale takes place once a foreclosure is approved by the court. First, the lender takes measures to provide notices, as required by the state, to the homeowner of the default, notice of the foreclosure, and a notice of guidelines relating to recourse options for the property owner to stop the process.

After the lender follows these procedures, the foreclosure can move forward, and the lender can then contact the sheriff to secure the property for the judicial sale.

Filing for Bankruptcy Is A Way Out

Bankruptcy is an option for the homeowner if the homeowner meets the arrears satisfactorily. Going through these steps requires the assistance of a trusted attorney who acts as quickly as possible to get a stay before the start of the sale. The stay prevents lenders from going forward with collections, but if the foreclosure is in process, bankruptcy can’t help.

Unfortunately, in the case of bankruptcy, a lender has the right to ask the court to lift the stay, and if that’s approved, the sale will go on.

Final Thoughts

A lender taking your home back into their possession isn’t the final say. You do have recourse and can fight to save it with expert legal guidance.

Take advantage of the time that you have and the resources at your disposal.  It’s not a fight you have to endure alone, but a challenge better handled with backup.

The right legal practice will have resources and contacts to assist with giving you the time you need to save your home. At Bartifay Law Offices, their nearly 30 years in business gives them the knowledge and skill to advise on how to retain your home given your circumstances and then expertly help you to do just that.  You don’t have to fight alone. Reach out for assistance.

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