Mortgage Foreclosure

Mortgage Foreclosure

Our Mortgage Foreclosure Defense Lawyers Can Save Your Home

When defending a mortgage foreclosure, our lawyers are not simply defending a lawsuit, we are defending the American dream, a home of your own. The mortgage foreclosure process is a complex one and many different options and legal strategies exist for the benefit of the homeowner. The lawyers at Sadek and Cooper pride themselves on the ability to keep our clients in their home for a long, long time. There are several tools that our firm uses to help homeowners. Below are some of the concerns potential clients may have and some of the methods used by our lawyers to help homeowners in danger of losing their residence.

How Does a Homeowner End Up Facing Foreclosure?

At Sadek and Cooper, we realize that it was not your intention to fall behind on your mortgage. We also realize that the monthly mortgage payment is one of your highest priorities. For a variety of reasons; illness, decreased earnings, unemployment, insurance increases, unforeseen repairs and/or uncontrollable credit card debt, good people like you can quickly become seriously delinquent on monthly mortgage payments. From our five conveniently located offices in the Philadelphia region, our lawyers have assisted thousands of homeowners stop mortgage foreclosure and establish long-term solutions for home retention. If you are behind on your mortgage, received a Notice of Intent to Foreclose, received a Foreclosure Complaint or a Sheriff Sale date has been set, it is imperative you contact competent legal counsel. Call our office at 215-545-0008 to put our experience and knowledge to work for you.

Mortgage Modifications Can Prevent Foreclosure

A mortgage modification is requested by a mortgagor or borrower usually once they have fallen behind on mortgage payments or in danger of mortgage foreclosure proceedings. A successful modification generally takes 3-8 months to complete. A mortgage modification may include placing mortgage arrears, interest, delinquent taxes and/or insurance in the principal balance. Further, a mortgage modification may reduce the interest rate on the subject loan. Although a mortgage modification can lead to a reduced monthly mortgage expenses, generally it results in a lengthened mortgage repayment term. Our office has handled mortgage modifications for both residential and investment properties. Lastly, mortgage modifications are often granted during the course of a Chapter 7 or Chapter 13 Bankruptcy Proceeding.

A Pre-Foreclosure Forbearance Plan is Another Way To Stop Foreclosure

Prior to a mortgage foreclosure taking place the mortgagee may be amenable to postponing a sale based on the reinstatement amount being repaid over a short period of time. The pre-foreclosure forbearance plan repayment is different than a modification in that it does not alter the overall terms of the loan. A pre-foreclosure forbearance plan is usually extended up to 6 months and requires that regular monthly mortgage payments plus the amount needed to cure all arrearages be paid within the time agreed upon.

What Notices Will a Homeowner Receive Before a Foreclosure?

In Pennsylvania, mortgage agreements frequently require the lender to provide a breach letter or a demand letter. The demand letter must be sent by the lender before it can accelerate the loan and commence foreclosure proceedings. While clauses differ, most will require the lender to provide certain information about the loan including the loan is in default, what the homeowner needs to do to cure the default, the date the default must be corrected by, and the consequences of a failure to cure.

Even if your mortgage does not have a clause requiring a demand letter, Pennsylvania and federal law requires the party that wishes to start the foreclosure process to provide notice. Under Pennsylvania law, the Notice of Intent to Foreclose, sometimes called an Act 6 Notice, must be provided to the homeowner no less than 30-days prior to the foreclosure. The notice must set forth that the homeowner has an opportunity to cure the default. Furthermore, the homeowner must also be provided with another document, frequently referred to as an Act 91 Notice, that sets forth their rights, the assistance that may be available, and the homeowner’s ability to apply to Pennsylvania Housing Finance Agency for relief.

Depending on the county where the foreclosure will occur, other forms of notice may be required of the foreclosing party. For instance, Philadelphia County, Residential Mortgage Foreclosure Diversion Program requires conciliation to occur before the lender may file for a Judgement of Foreclosure. In other counties, different rules and notification requirements may apply. If you are facing foreclosure in Buck’s County, Philadelphia County, Delaware County, or elsewhere in Pennsylvania it is essential to ensure that all required notices have been provided and that the foreclosing party has otherwise complied with state and local rules.

Can I Litigate in Pennsylvania State Court to Stop a Foreclosure?

For Pennsylvanians who have previously lived out-of-state, they may be aware that in the United States foreclosures can generally follow a judicial track or a non-judicial track. When foreclosures are judicial, it means that the lender must file a lawsuit in state court to commence the foreclosure proceedings. The foreclosure is handled through the court. Pennsylvania is a judicial foreclosure state meaning that all foreclosures must be filed with and handled through the state court system

As such, litigation strategies are often an option when facing a foreclosure in Pennsylvania. Hwoever, litigation strategies depend on the particular situation at hand. Sadek and Cooper has successfully defended Mortgage Foreclosure Actions through State Court Litigation. One of the reasons why a bankruptcy attorney can prepare to execute a strategy of this type is due to the fact that federal Consumer Financial Protection Bureau servicing rules (effective January 10, 2014) require a lender to wait until a borrower is at least 120 days behind on payments before they can file in state court to start the foreclosure. For individuals who seek the services of an attorney quickly after receiving this notice, this time can be utilized to explore potential state law based defenses.

State court Litigation defense is generally more effective earlier in the mortgage foreclosure litigation process. Our defense commences with filing an Entry of Appearance on behalf of the homeowner in the Court of Common Pleas and filing Preliminary Objections and/or an Answer, Counterclaim to the Foreclosure Complaint.

Chapter 13 Bankruptcy Provides Another Option To Stop Foreclosure And Protect Your Home

In some situations, Chapter 13 bankruptcy may present the highest likelihood of stopping the foreclosure process. A Chapter 13 Bankruptcy is a payment plan and is commonly used to stay mortgage foreclosure or lower overall monthly expenses. A Chapter 13 Plan is filed with the court and later confirmed can allow the Petitioner to repay mortgage arrears and to pay only cents on the dollar of their unsecured debts (credit cards, medical bills, personal loans, collection accounts, and certain tax obligation, among others). A Petitioner usually qualifies for Chapter 13 Bankruptcy protection based on equity in real estate (house) or based on higher income qualifications.

A Short Sale Can Mitigate the Consequences

A short sale of property is a tool used to stay an imminent mortgage foreclosure. A short sale is where the mortgagor sells the subject property “short” of the mortgage amount. For example, if one owes $100,000.00 on their home, but they have an agreement of sale states a purchase price of $80,000.00, a short sale may be a possibility. A short sale has several obstacles, primarily; it must be approved by the mortgagee. Further, the sale is dependent on the potential buyer receiving a mortgage in order to buy the subject property.

We Have Successfully Represented Clients in Philadelphia, Bucks and Delaware County, Pennsylvania

If you have any questions regarding defending a Mortgage Foreclosure Proceeding call the lawyers at Sadek & Cooper at (215)-545-0008. We offer a FREE and confidential consultation with one of our lawyers to discuss your situation in detail and devise a legal strategy which best suits your needs.

 

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SEEWHAT OUR CLIENTS ARE SAYING

Mel D
Mel D
03:13 26 Sep 18
My husband and I came in unsure of what to expect. We felt defeated, anxious and worried we might lose everything. Brad listened to our situation and was both understanding and sympathetic. He took us through the process, answered my 10 page questions efficiently and truly made it a painless experience. Thanks to Brad and Matt, we have a new start and bright future. Thank you Sadek and Cooper!! -Mel D.
Mark N
Mark N
02:50 26 Sep 18
Brad & Matt were outstanding. We came in scared, uncertain of our future. Brad was compassionate and understanding walking us through the process. Matt met us at court professional and supportive with a plan that has helped us tremendously. We can breathe again and have a fresh start. I highly recommend their services. Thank you! -Mark N.
Joannie Moronta
Joannie Moronta
14:51 07 Sep 18
I love sadek and cooper. They were with me throughout my entire process. I was really scared at first, but they made me feel super comfortable and secured. I would highly recommended them to anyone interested in hiring a group of excellent lawyers.
Kris Collins
Kris Collins
16:55 28 Aug 18
I hired Patrick Cooper to represent me to gain custody of my nephew. After the first meeting I knew Pat was the right attorney for this matter. Pat, Yoninah and staff were always helpful in explaining the process and answering any questions or concerns I had. I would recommend Pat and Sadek and Cooper for any and all family court matters.
Steven S Russ
Steven S Russ
16:54 23 Aug 18
Sadek and Cooper law firm is the one of the best law firms I’ve ever dealt with in my adult life. They staff is wonderful and kind! They have great customer service and they assists you with your every need. I’ve looked for a lot of lawyers when it came to bankruptcy, but none of them fit the bill. I didn’t second guess Sadek and Cooper at all. My gut feeling told me that they were the fit and the law firm to help me. And I’ve never looked back since.
jammee burhannon
jammee burhannon
12:39 08 Aug 18
Sadek and Cooper was fast efficient and made me feel at ease when I felt discouraged about the wrong Choice’s I’ve made not knowing the facts about credit and how to use it the right way. I just Loved the credit Counseling courses that explains the do’s and don’t the want and needs and the ups and downs of credit which has now gave me more knowledge to understand how to use credit 🤓🤓 Thank you so much for helping me out of this Deep Hole and putting me on the road to Credit recovery 😘😊
Krystal Stewart
Krystal Stewart
14:22 18 Jul 18
Matt Lazarus and the rest of the firm were absolutely wonderful. They held my hand through the whole process of my bankruptcy and made sure I knew what was happening every step of the way. They worked with my schedule and location to make every step as easy and smooth as possible. If every I need any legal advice in the future, I know exactly who I'm going to!
Matthew Justice
Matthew Justice
07:11 16 Jul 18
Brad Sadek has no equal when it comes to Foreclosure defense and bankruptcy. He is knowledgeable about the whole thing. It actually gave me confidence during the case.
Landlord Guy
Landlord Guy
16:25 06 Jul 18
Well... About a year ago I was faced with an unpleasant (but necessary) decision. I contacted Sadek and Cooper to make an appointment and ended up speaking with Brad. I brought all of the required/requested information and we did some calculations together (I like numbers) to see what my options were. The process was relaxed and transparent, and his advice was neutral and objective (in my opinion). I ended up filing for CH13, which allowed me to keep my property. I worked with Matt for the remainder of the process. He was communicative, helpful, and very patient with someone like me who asks A LOT of questions. If you're going to go for CH7 or CH13 I'd suggest at least talking to Sadek & Cooper to get an idea of what your options are. And if you decide to go through it with them I can't imagine you'll be disappointed (as lond as YOU do what's required on time, etc. of course). We're talking about court here, so it's best to be early and over-prepared for everything. I hope I never have to use their services again (for obvious reasons lol), but I'm certainly very happy that I DID when I needed to. They helped me tremendously and it has been SMOOTH SAILING since my CH13 plan was approved. I wish them all the best and look forward to the end of my CH13 and it being cleared from my record eventually. If you're considering CH7 or 13 DO your RESEARCH. Don't be "afraid", educate yourself, be an INFORMED consumer. And go talk to Sadek & Cooper for some SOUND advice and a good analysis of your options! SOONER rather than LATER. Don't wait until the last minute.
Joseph Olson
Joseph Olson
17:12 22 Jun 18
We are extremely pleased with this firm. They have provided amazing detail, information and support during this difficult time in our life. We are truly grateful for all of their hard work and would highly recommend them to anyone!
Jamie Daniels
Jamie Daniels
13:20 20 Jun 18
I am more than happy with the service and expertise I received when I filed my recent chapter 13 case. They made everything very easy and comfortable under very stressful circumstances. I would highly recommend Sadek and Cooper.
Nagena Pierre-Louis
Nagena Pierre-Louis
13:19 13 Jun 18
I was less than a week away of losing my home. Sadek And Cooper helped me to save my only home. If they helped me they will be able to help you. Their help is just a phone call away. Please just call them!
Alicia Green
Alicia Green
14:16 22 May 18
My experience with Sadek and Cooper was awesome. They were extremely helpful with answering all my questions and made me feel comfortable and less anxious about filing for bankruptcy. The process was smooth and quick and had no issues at all!Alicia
Selena Pinkney
Selena Pinkney
13:52 22 May 18
I used Sadek Law Firm and had the best experience. All of the staff were very helpful and knowledgeable. They made a very scary process easy and painless. I would and have recommended their services.
Ethan Hew
Ethan Hew
13:44 16 May 18
Sadek & Cooper has to be the best firm for our bankruptcy needs. They walked my wife and I through the entire process and were always there to answer our questions. Hands down the best firm I’ve ever worked with.
Chris Jamison
Chris Jamison
19:52 04 May 18
Matt Lazarus from the start was very helpful with making me filing for bankruptcy as easy as possible. It is one of the hardest things to go thru in life. But you have to look at it as a new start. Thank you again to everyone at Sadek & Cooper for all your help.
Thomas Wright
Thomas Wright
15:09 24 Apr 18
Sadek and Cooper Law did a great job on my bankruptcy case. I really appreciate their assistant. Thank you
Kelly McKenna
Kelly McKenna
11:57 19 Apr 18
This form - specifically Yoninah Orenstein and Patrick Cooper are PHENOMENAL. They were great to work with, very fair with legal fees, and successful in getting an excellent settlement for my divorce (short term marriage
Dessiana Cruz
Dessiana Cruz
13:11 04 Apr 18
I was nervous about bankruptcy, but from the moment I stepped in your office I felt at ease. This process was so easy with your help, that yesterday I was talking to my coworkers about it and recommending your firm to them. You make something that’s scary seem easy and I thank you so much for helping me!
Valerie Nesbitt
Valerie Nesbitt
14:51 03 Apr 18
Sadek and Cooper have been excellent. Everyone has been extremely helpful and patient. The lawyers I have worked with, Matt and Brad, are extremely knowledgeable. I felt very comfortable with them handling my case.
Marlena Lucas
Marlena Lucas
16:08 02 Apr 18
Very simple. Any time I had questions, they were answered quickly. The lawyers are just great. Just a fast painless process.
James Smith Sr
James Smith Sr
13:19 14 Mar 18
Everything has been great. Really awesome job with my case... You and your staff have done a perfect job in my opinion.
Michkel Davis
Michkel Davis
17:02 09 Mar 18
Mr. Sadek was the best and most thorough lawyer I’ve ever met. He’s very human and caring about our case. His whole staff is great too. Highly recommend...
Tamika Richardson
Tamika Richardson
14:56 01 Mar 18
My bankruptcy went very smoothly with your firm. No issues. You are all very nice. That’s why I recommend my sister to your firm and your now helping her too! Thanks again.
Geraldine Ross
Geraldine Ross
14:14 28 Feb 18
This is an Excellent firm to work with; my questions were answered in a timely manner and I felt very supportive in handling my bankruptcy. I would highly recommend this firm to others who have found themselves in a position like mine.
Lavern Baker
Lavern Baker
17:03 23 Feb 18
You are all super lawyers. Brad and Matt made me feel comfortable. Every one in your office so nice and just made it easy. You’re the best!
peter b
peter b
19:42 21 Feb 18
Thank you, Sadek and Cooper Law offices for your dedication on my behalf. I appreciate Matthew and Patrick and your staff and all that everyone did to support me in this legal matter. You took an embarrassing, sad experience, for me, and turned it into a successful solution without all the emotional pain expected. After dealing with a loan modification company for over eighteen months without going to an attorney first that is the biggest mistake anyone can make. The Modification Companies set out to sell you lies, broken promises and dilute the homeowner's assets with no knowledge of any kind of law. I can't stress enough stay away from Modification companies, as a Military Veteran and family man, protect you or your family best interest. Go directly to Sadek and Copper you will not regret it! This firm moves with Super speed and diligence protecting you and your family's the entire process, even after watching some of these other attorneys in the courtroom appearing to mishandled their clients’ cases before the Trustee. You made it easy and I’m finally getting my financial life back on track! Thank you for your prompt replies to me, your clear information and preparation needed when at the courthouse. I would of course recommend you to others and I am glad you were the one who had my case. Kind genuine law firm who treats you like family. God bless you all and I pray for your continued success in your field of expertise. This firm is Super Lawyers for a reason. They are the best at what they do! Pete
Doug Tinlin
Doug Tinlin
06:55 15 Feb 18
Brad Sadek gave me hope when he decided to handle my mortgage for enclosure defense. I had exactly 10 days left of the 30 days ultimatum given me, but he was able to bargain for an extra 30 days for me to pay up. That duration turned out just right.
Jacinth Jacinth
Jacinth Jacinth
16:07 31 Jan 18
Excellent service. Brad and Matt were outstanding and friendly. They helped me through this. I’ve never met attorneys like these. Thank you!
julie njoku
julie njoku
12:29 24 Jan 18
Brad Sadek is excellent!. He understands and he's fair. You feel like you have someone fighting for you. The staff is friendly, professional, and courteous. These guys are the best at what they do !
Owen Black
Owen Black
20:14 09 Jan 18
Thanks for the great service! I would recommend this firm highly. Throughout the years I have been helped by this firm greatly and very much appreciated.
Steven Rychalsky
Steven Rychalsky
15:30 09 Jan 18
Sadek and Cooper law office was a wonderful experience to work with. Bankruptcy is a difficult experience but they helped with the stress so much and made it easy. I would recommend Sadek and copper too anyone.
Chris Kourelias
Chris Kourelias
19:09 28 Dec 17
Working with both Brad & Matthew was a pleasure. Both gentlemen are extremely knowledgeable and helpful in providing me the right assistance needed to make the correct decision to benefit me in the long run. I would recommend both candidates to anyone looking for assistance with a reputable law firm.
Jennyfer Santana
Jennyfer Santana
21:17 21 Dec 17
Highly Recommended. Matt & Brad assisted with my case. I felt comfortable throughout the entire process. Matt was very understanding, patient, and ensured he answered all my questions! Both great guys and very friendly! It was a pleasure working with Matt and Brad.
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