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Frequently Asked Questions About Foreclosure:
1.
HOW LONG DOES THE FORECLOSURE PROCESS TAKE IN PENNSYLVANIA?
Pennsylvania is a judicial foreclosure state. This means that your mortgage lender must commence a foreclosure action against you in Court and obtain a judgment against you before your home can be scheduled for a foreclosure sale. This process can take several months or more depending on a number of factors including: 1) where the property is located; 2) whether or not your jurisdiction offers a foreclosure diversion program, 3) whether or not you apply for loss mitigation with your lender, and; 3) whether or not you contest the foreclosure.
2.
CAN I STAY IN MY HOME DURING THE FORECLOSURE PROCESS?
Absolutely. You have the right to live in your home throughout the entire process. You also have the right to reinstate your loan (cure the default) up to one hour prior to the sheriff's sale of your property.
3.
HOW CAN AN ATTORNEY HELP ME APPLY FOR LOSS MITIGATION WITH MY LENDER?
There are many federal and state laws and regulations that regulate mortgage servicing and mortgage foreclosure. Federal law also regulates the loss mitigation process of most mortgage lenders. In addition to helping you apply for loss mitigation with your lender, an attorney can review your foreclosure to determine whether or not your mortgage lender has complied with these laws and regulation. In some instances, if your mortgage lender violates the law you may have a claim for money damages against your mortgage lender or servicer.
4.
CAN I CONTEST MY MORTGAGE FORECLOSURE EVEN IF I HAVE MISSED MY MORTGAGE PAYMENTS?
Yes! There are a number of defenses to foreclosure, even if you have missed payments on you mortgage. An experienced foreclosure attorney can identify any defenses you have to foreclosure.
About Attorney Sean P. Mays
Attorney Sean P. Mays is the founder of The Mays Law Firm PC. Sean is admitted to the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the District of New Jersey, and the state courts in Pennsylvania, New Jersey and Virginia. Sean has handled a variety of bankruptcy, foreclosure and civil litigation matters in courts throughout Pennsylvania and New Jersey.
Sean received his Juris Doctor (J.D.) in 2009 from the Thomas R. Kline School of Law at Drexel University, where he was a Trustee’s Scholarship recipient. Sean also earned a Master of Laws (LL.M.) in Trial Advocacy from Temple University’s Beasley School of Law.
Before practicing law, Sean served on active duty in the United States Air Force as an imagery intelligence specialist with the Air Intelligence Agency’s 48th Intelligence Squadron located at Beale Air Force Base, CA. Sean earned several awards and commendations, including the Air Force Outstanding Unit Award with Combat "V" and the Air Force Achievement Medal for his service in Operation Enduring Freedom and Operation Iraqi Freedom.