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Foreclosure Laws on Redemption Periods in Pennsylvania

Written By video massa on Jumat, 27 September 2013 | 01.57

Foreclosure Laws on Redemption Periods in Pennsylvania

The concept of redemption is used in the United States regarding the process of foreclosure. In certain states, a borrower who loses a property through foreclosure at auction is entitled to buy back the property from the new owner within a certain period of time following the sale. He must pay the sale price, plus the cost of any necessary maintenance that was done to the house in the interim. In the state of Pennsylvania, however, there's no right of redemption for a borrower following a legally executed foreclosure sale.

Foreclosure

    Foreclosures in Pennsylvania must be carried out through the court system. This process is known as a judicial foreclosure. Though certain states allow for nonjudicial foreclosures also, which allows a lender to foreclose on a property without involving the courts, Pennsylvania doesn't. As long as the proper notifications are given and proper filings made, the borrower has no recourse by which to reclaim his property at any point along the way, except for bringing the past due amount current.

Redemption

    Redemption is a legal right recognized in certain states but not in Pennsylvania. Once the gavel drops on the public auction sale, the property has a new lawful owner, and the prior owner can't invoke redemption as a strategy to get it back. At that point, the only hope the foreclosed property owner has is to challenge the legality of the foreclosure process --- a long shot at best, as the court system oversaw the foreclosure from beginning to end.

Auction

    In Pennsylvania, as in certain other states, foreclosure ends when the lender accepts a bid on the property at auction. The new buyer must put down a good faith deposit --- normally $1,000 --- and then deliver the balance of the sales price within 24 hours. After that, the deal is sealed, and the old owner is obligated by law to vacate the premises. If the original owner hopes to retain any sort of legal claim to the property in Pennsylvania, he should ensure the foreclosure process never starts in the first place.

Considerations

    In the absence of any right to redemption, homeowners in Pennsylvania should make sure never to fall more than 60 days behind on their mortgage payments. That is the magic number recognized by the state as the point at which a lender can initiate a foreclosure. Of course, the borrower can stop the process at any time up to the actual sale by paying the amount due in full, but the more time that passes, the harder it becomes as that number due gets bigger and bigger. In this nonredemption state, the best option is to do whatever can be done not to fall behind.



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