Foreclosure – The Process

Free Consultation Available

Free Case Evaluation

Fill out the form below for a free, confidential case evaluation and we will contact you shortly. All fields are required.

    Full Name*

    Email*

    Phone*

    Describe your case briefly

    PENNSYLVANIA

    1. Understand Pennsylvania’s Foreclosure Process

    Knowing the timeline helps you act before key deadlines pass.

    • Act 6 Notice – Required for most residential loans; gives 30 days to cure default before a foreclosure lawsuit can start.

    • Act 91 Notice – Triggers access to Pennsylvania’s HEMAP program (see below).

    • Complaint Served – You have 20 days to respond; if you don’t, lender may get a default judgment.

    • Judgment & Sheriff Sale – The court orders sale of your property; the date is advertised in advance.

    • Key Point: Acting early — especially during the Act 91 window — keeps the most options open.


    2. Use the Homeowners’ Emergency Mortgage Assistance Program (HEMAP)

    • What it is: A state-run loan program from the Pennsylvania Housing Finance Agency (PHFA) to help homeowners behind on mortgage payments due to circumstances beyond their control.

    • How it works:

      • Can provide a one-time loan to cure the delinquency, or ongoing monthly assistance for up to 24–36 months (up to $60,000 total).

      • You repay over time, usually at low interest (often 1% or less).

      • While the HEMAP application is pending, foreclosure is legally paused.

    • Eligibility: Must have received an Act 91 Notice; must show you can resume payments in the future.

    • Apply through: PHFA or a HUD-approved housing counseling agency.

    • Website: phfa.org


    3. Request Loss Mitigation from Your Lender

    You have the right to apply for loan workouts such as:

    • Loan modification – Extends term, lowers interest, or adds missed payments to the loan.

    • Repayment plan – Catch up gradually in addition to your normal payment.

    • Forbearance – Temporary payment reduction or suspension.

    • Partial claim (for FHA loans) – Missed payments moved into a no-interest subordinate loan.

    Tip:
    Submit a complete loss mitigation application (hardship letter, income proof, bank statements) before a sheriff sale is scheduled. Federal rules require lenders to review and respond before proceeding with foreclosure if the application is timely.


    4. Participate in Philadelphia’s Residential Mortgage Foreclosure Diversion Program (if applicable)

    • Who qualifies: Homeowners in Philadelphia County.

    • What it offers: Free housing counseling + a court-supervised mediation session between homeowner and lender before a sheriff sale.

    • Why it matters: Has saved thousands of homes since 2008.

    • Contact: Philadelphia Court of Common Pleas or a housing counseling agency.


    5. Explore State & Local Assistance Beyond HEMAP

    Some counties offer additional help:

    • Emergency housing funds through county offices.

    • Utility assistance programs that free up money for mortgage payments.

    • Nonprofit grants for housing stabilization.


    6. Legal Protections & Representation

    • Consult a foreclosure defense attorney or Legal Aid of Southeastern PA. Even if you can’t afford a lawyer, many nonprofits offer free or low-cost help.

    • Filing an Answer to the foreclosure complaint forces the lender to prove its case and can buy time to work out a solution.

    • Bankruptcy (Chapter 13) is still an option if you have income to cure arrears over 3–5 years — but see my earlier notes if affordability is an issue.


    7. Practical, Non-Legal Steps

    • Prioritize the mortgage above unsecured debts if you want to keep the home.

    • Cut or pause nonessential expenses temporarily to direct funds to housing.

    • Consider selling before foreclosure if saving the home isn’t financially realistic — this can protect equity and credit.


    Quick-Reference Table — PA Foreclosure Avoidance Options

    Option Stops Foreclosure? Credit Impact Time to Apply Main Requirement
    HEMAP ✅ Yes (application pending) Mild Within Act 91 notice period Ability to resume payments
    Loan Modification ✅ Yes (during review) Mild–Moderate Before sheriff sale Complete application
    Philadelphia Diversion ✅ Yes Mild Before court judgment Owner-occupied, PHILADELPHIA County
    Repayment Plan ✅ Yes Mild Early in process Extra income to catch up
    Chapter 13 Bankruptcy ✅ Yes Severe short-term Anytime before sale Regular income
    Voluntary Sale ✅ Yes (avoids foreclosure) Mild–Moderate Before sale date Enough equity to sell

    NEW JERSEY

    A. Foreclosure Mediation Program

    • What it is: Statewide court-run mediation program offering free HUD-certified housing counseling and a court-appointed mediator to help negotiate a workout before foreclosure judgment.

    • Eligibility: Available to any homeowner facing foreclosure on a primary residence.

    • How to apply: File the mediation request promptly after receiving foreclosure papers.

    • Website: njcourts.gov

    B. Emergency Rescue Mortgage Assistance (ERMA)

    • What it is: Administered by NJ Housing & Mortgage Finance Agency; offers up to $75,000 to cover arrears and reinstate loans for those affected by COVID-related hardship.

    • Status: Funding status varies — check njerma.com.

    C. NJ Foreclosure Timeline Advantages

    • NJ has one of the longest foreclosure timelines in the U.S. (often 18–24 months), giving more time to seek workouts or mediation.


    MARYLAND

    A. Foreclosure Mediation Program

    • What it is: Required by state law before a lender can complete foreclosure on an owner-occupied home.

    • Process: You receive a “Final Loss Mitigation Affidavit,” then have 25 days to request mediation.

    • Website: dhcd.maryland.gov

    B. Maryland HOPE Initiative

    • Free housing counseling, help with loan modification paperwork, and advocacy with lenders.

    • Hotline: 1-877-462-7555.

    C. Local & State Grants

    • While the Maryland Homeowner Assistance Fund closed to new applicants in 2023, some counties still run emergency mortgage assistance programs.


    TENNESSEE

    A. Tennessee Housing Development Agency (THDA)

    • TN Homeowner Assistance Fund (TNHAF): Provided up to $40,000 in forgivable grants to cover arrears. Closed to new applications in Aug 2023, but check for reopening or successor funds.

    • Website: thda.org

    B. Loss Mitigation with Servicers

    • Tennessee has non-judicial foreclosure in many cases, so timelines are fast — sometimes under 60 days from notice to sale.

    • Immediate communication with your lender and filing a complete loss mitigation application is critical.

    C. HUD Counseling Agencies

    • THDA partners with local agencies to help with modification requests, budgeting, and avoiding scams.


    FLORIDA

    A. Court-Run Foreclosure Mediation

    • Florida is a judicial foreclosure state, meaning all foreclosures go through court — this can give homeowners months to negotiate.

    • Some counties (e.g., Miami-Dade, Palm Beach) offer court-based mediation programs.

    B. Florida Housing Finance Corporation

    • Runs foreclosure prevention resources and connects homeowners to HUD-certified housing counselors.

    • Website: floridahousing.org

    C. Local Assistance

    • Counties sometimes have Emergency Mortgage Assistance Programs, especially after hurricanes or economic downturns.


    5. Universal Steps That Apply in All States

    Regardless of location:

    1. Contact Your Lender’s Loss Mitigation Department Early

      • Ask about loan modification, repayment plans, forbearance, or partial claim options.

    2. Work with a HUD-Certified Housing Counselor

      • Free help with paperwork and negotiation.

      • HUD hotline: 1-800-569-4287.

    3. Respond to Court Papers & Notices

      • Filing an Answer prevents default judgment and buys time.

    4. Apply for State or County Housing Assistance

      • Even if main programs are closed, local funds may be available.

    5. Avoid Scams

      • Only work with nonprofit counselors, your lender, or your attorney — not “foreclosure rescue” cold callers.


    Quick-Reference Table

    State Key Program Stops Foreclosure During Review? Notes
    NJ Mediation Program, ERMA Long foreclosure timelines give more time for solutions
    MD Mediation + HOPE Mediation is a legal requirement
    TN TNHAF (closed), HUD Counseling ⚠️ Limited Fast non-judicial process — act immediately
    FL Court mediation + FL Housing Judicial foreclosure = more time to negotiate


    TEXAS

    A. Foreclosure Process Basics

    • Type: Primarily non-judicial foreclosure (no court case required).

    • Timeline: Very fast — a home can go from notice of default to sale in as little as 41 days.

    • Key Dates:

      • Notice of Default: Usually gives 20 days to cure.

      • Notice of Sale: Must be sent at least 21 days before auction.

      • Sales occur first Tuesday of each month.


    B. Options to Stop Foreclosure in TX

    1. Texas Homeowner Assistance Fund (TXHAF)

      • What it offered: Up to $40,000 for mortgage arrears + $25,000 for property-related expenses.

      • Status: Still accepting applications as of late 2023 — check tdhca.texas.gov.

      • Applying can pause foreclosure while reviewed.

    2. Loss Mitigation Directly with Servicer

      • Apply for loan modification, repayment plan, or forbearance.

      • Tip: Send a complete application ASAP to invoke federal foreclosure review rules.

    3. Refinance or Reverse Mortgage (for seniors)

      • Can pay off arrears without moving.

      • Reverse mortgage stops monthly payments for homeowners 62+.

    4. Chapter 13 Bankruptcy

      • Stops foreclosure immediately via automatic stay.

      • Repays arrears over 3–5 years.

    5. Texas Foreclosure Prevention Counseling

      • HUD-approved agencies offer free help with lender negotiations.


    ARIZONA

    A. Foreclosure Process Basics

    • Type: Mostly non-judicial trustee sales.

    • Timeline: Minimum 91 days from recording of Notice of Trustee Sale to auction.

    • Key Points:

      • Borrower can reinstate loan by paying arrears up to 5:00 p.m. the day before sale.

      • Arizona has no statutory right of redemption after the trustee sale for most mortgages.


    B. Options to Stop Foreclosure in AZ

    1. Arizona Foreclosure Prevention Assistance

      • Some county-based programs (e.g., Maricopa County) offer emergency mortgage assistance for qualified homeowners.

    2. Loss Mitigation / Loan Modification

      • As in TX, federal mortgage servicing rules require review of complete applications before a sale can occur.

    3. Arizona Homeowner Assistance Fund

      • Funded by the American Rescue Plan Act; offered mortgage reinstatement and other aid.

      • Status: Many states have closed HAF programs, but check housing.az.gov for updates.

    4. Mediation Programs

      • Arizona does not have a statewide mandatory foreclosure mediation program.

      • Some judges may encourage settlement conferences in judicial cases.

    5. Bankruptcy

      • Chapter 13 filing will stop the sale and allow arrears to be paid over time.


    3. Shared Urgency in TX and AZ

    Because both states are fast-track foreclosure states, the homeowner’s window to act is short.
    Key advice:

    • Immediately request a loss mitigation package from the lender.

    • Work with a HUD-certified housing counselor for free help.

    • If foreclosure sale is imminent, Chapter 13 bankruptcy is the most reliable legal stop.


    Quick Reference Table

    State Main Process Min. Timeline State Aid Program Key Last-Minute Option
    TX Non-judicial ~41 days TXHAF (open late 2023) Chapter 13 bankruptcy
    AZ Non-judicial ~91 days AZ HAF (check status) Reinstatement up to day before sale