HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-01-2005, 12:42 PM
Junior Member
 
Join Date: Mar 2005
Posts: 6
Unhappy

How much time ?


What is the name of your state?Pa

Ok .. Here is the deal .. My husbands aunt got foreclosed on .. house went to sherriff sale on Jan 21 2005.. noone bid and the house then returned back to the mortgage company(wells fargo) . So I contact local free attorney to ask for time to find place to live.. They contact Well's attorney who in turn says NO WAY and that we have a total of 3 weeks before papers are complete and sherriff shows at the door.. Now I am seeing different things.. some say we will get 3 to 5 days to vacate others say 30 days I say wtf.. it is winter and there are kids involved ..dont they care??
Does anyone actually know how long someone is given to vacate under conditions such as these? Aunt did try to file Bankruptsy.. however attorney claimed she did not make enough money to file since she also owes IRS and that would need to be in the bankruptsy. Either way home is no longer hers.. So also here is another question and wonder if this is even possible. What if I contact the mortgage company and offer to buy home from them ? Is that something that can be done.. it surely isnt worth what the aunt owed .. however fixed up ... there is a heck of alot of equity to come out of this home!! at this point any suggestion is better then thinking we will be homeless in a matter of 3weeks. What can an individual do to purchase a property from a mortgage company if the property is not listed ??? And recently forclosed.. Wells sent letter that they anticipate HUD taking the home >> this was an FHA loan ..guess some questions may be for another area.. but the main question is HOW long does it really take for the notice to vacate be completed and how much time does one usually get to vacate?? 3 to 5 days or more ??
Reply With Quote
  #2  
Old 03-03-2005, 07:58 PM
Junior Member
 
Join Date: Mar 2005
Location: Washington state
Posts: 6

PA foreclosure process


Pennsylvania Foreclosure Sale Date:

Sales may be postponed once and rescheduled within the next 100-day period. Any other postponements require a Court order. Bidding instructions are required for all loans. Payment of all settlement charges must be made to the Sheriff within thirty days of the Sale or it may be declared null and void. Title and eviction information must be provided immediately after the Sale in order to calculate settlement charges.

Pennsylvania Foreclosure Complaint Filed:

Sheriff has 30 days in which to serve Complaint or it expires and must be reinstated (usually served on the average within twenty days after Complaint is filed).

Pennsylvania Foreclosure Complaint Served:

Defendants have twenty days to file response to the Complaint. If no response, then Plaintiff must forward ten-day Notice to Defendants.

Judgment Entered And Write Of Possession Issued: If no response to Complaint is filed by Defendants and ten- day Notice expires, judgment may be entered for Possession. Simultaneously, a Writ of Possession is issued and the Sheriff has thirty days to serve the Writ of Possession on Defendant.

Pennsylvania Foreclosure Ejectment Date:

After the Sheriff serves the Writ of Possession, the occupants are given twenty days to move. On the twenty-first day after service of the Writ of Possession, if the occupants have not vacated the premises, the attorney telephones the Sheriff's office to schedule the eviction. The Sheriff will then assign a date for the eviction, which is usually 30 to 90 days from the date the judgment is entered. The client must provide for a moving company and locksmith at the time set by the Sheriff for the lockout.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 05:24 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.