Bankr. M.D.N.C.: Robichaux v. Moses Cone Hospital- Motion In Limine regarding Expert Testimony Ed Boltz Tue, 07/02/2024 - 19:51 Summary: The defendants sought to preclude the plaintiff from presenting evidence and expert testimony on damages at trial, arguing that the evidence was allegedly undisclosed or insufficiently supplemented, violating Federal Rules of Civil Procedure 26(a) and (e). They also argued that the expert testimony from Stephen B. Darr was not relevant or helpful under Federal Rules of Evidence 401, 402, and 702. The court denied the motion to exclude Stephen B. Darr's testimony and reports, finding  that Darr's analysis of Randolph Health's changing enterprise value was relevant and helpful for understanding complex issues, thus meeting the requirements of Rules 401, 402, and 702.    The court  also found that there was not a sufficient basis to exclude the evidence due to nondisclosure, as  the plaintiff had taken sufficient measures to comply with Rule 26(a)(1)(A)(iii) by providing itemized statements and supporting documents for damages related to the loss of enterprise value and fees.  However, the court agreed with the defendants that the plaintiff failed to provide a computation or supporting evidence for damages related to the loss of physician referrals and procedures. As a result, the court granted the motion to exclude evidence and testimony regarding these damages, citing non-compliance with Rule 26(a)(1)(A)(iii) and considering factors of surprise, prejudice, and disruption. Commentary: This opinion could also be captioned as In re Randolph Hospital III,  as there have been at least two prior decisions issued in this case-  see In re Randolph Hospital I & II. To read a copy of the transcript, please see: Blog comments Attachment Document robichaux_v._cone_health_22-2002_-_order_on_motion_in_limine.pdf (579.04 KB) Category Middle District

Few situations are more stressful than having your home foreclosed on. If you have been notified of a home foreclosure, contact our firm today to get help stopping it. Home foreclosure is not an overnight process. They often take months before the final sale, giving you time to address the problem. Fighting foreclosure can be stressful at a time when you are already dealing with financial strain. Our lawyers can ease the burden by handling the important aspects of your case and explaining all the options available to save your home. After reviewing your finances, we might renegotiate the terms of your mortgage with your lender or get additional time to pay. If unfair practices are involved, we can help you file a lawsuit against your lender. Call our Pennsylvania foreclosure defense attorneys at Young, Marr, Mallis & Deane at (609) 755-3115 for your free case evaluation. How Can I Stop a Home Foreclosure in Pennsylvania? You should have received notice of your home foreclosure long before the final sale is initiated. A lender cannot foreclose on your home if you only miss a payment or two. However, if your mortgage is 120 days or more past due, 12 C.F.R. § 1024.41(f) allows lenders to file for foreclosure. You are entitled to be notified of your missed payments and the intention to foreclose on your home. In the interest of fairness, the law demands you have some time to fix the situation. Fortunately, several strategies can help fight the foreclosure and keep your home. Our Pennsylvania foreclosure defense attorneys have the experience to evaluate your case and determine the best path forward for you and your family. Some options will give you more time to get your finances in order. If you are completely overwhelmed, we might explore options to sell the home. In other cases, you were the victim of your lender and need to get justice in court. We will know the best course of action after reviewing the facts of your case. The following are ways to prevent your foreclosure in Pennsylvania: Pay Off the Debt One option is making the overdue payments to bring your mortgage current. While this might be challenging because of your financial difficulties, it is often the initial step our team takes. We can carefully review your financial situation to explore any potential sources of funds before considering other strategies. In some cases, tapping into your savings or retirement funds may provide the necessary funds. Alternatively, seeking assistance from family or friends could be an option. Our team can provide guidance and help you weigh these difficult decisions. During this time, we will also maintain open communication with your lender. Many lenders are willing to work with a client if they see your efforts to address the situation. In Pennsylvania, you have a right to redeem your mortgage up to one hour before your home is sold by the Sheriff’s Office. If you can pay what you owe on your mortgage plus any additional costs assessed, we can help negotiate your right to redeem. Request a Forbearance Another way to halt a home foreclosure is to work out a forbearance with your lender. However, forbearance is only a temporary solution. It will not prevent foreclosure on your home, but it will buy you some time to develop a strategy that will keep your home. With a forbearance, you will not have to make payments for up to six months. This is a good option if your financial issues are the result of an injury or being out of work. However, you will still need to make the missed payments, but it might be possible to have them added in installments to your monthly payments when they resume. Restructure the Mortgage Before Foreclosure Our lawyers could also help restructure your mortgage. If you receive a notice of foreclosure, contact our team immediately. The sooner we start negotiating with your lender, the more likely we will be able to negotiate favorable terms for a restructured mortgage. You are essentially renegotiating a new contract when getting a loan modification to your home mortgage. You can bargain for new interest rates and monthly payments that reflect your current economic situation. File for Bankruptcy Filing for bankruptcy might sound extreme, but certain types of bankruptcy can help prevent a foreclosure. Specifically, filing for Chapter 13 bankruptcy can stop the foreclosure proceedings against you. However, you will need to qualify for Chapter 13 bankruptcy. Our team will help you do this by developing a detailed repayment plan that shows the court your financial ability to make payments and the schedule you will use. Generally, these plans range from three to five years. You must be sure you can make your payments during this time, though, as missing even one payment can cause the foreclosure process to start back up. Negotiate a Short Sale A short sale can potentially eliminate your mortgage responsibilities through an agreement with your lender. This involves selling your property for an amount that is less than the remaining total mortgage. If the lender agrees, you will be able to sell for less than the property value. However, we will need to show that certain circumstances exist, such as a depressed housing market. We will also negotiate with your lender to waive the right to file a claim against you for the difference in the amount of sale, known as a deficiency judgment. Deed in Lieu of Foreclosure A “deed in lieu of foreclosure” works much like a short sale. It allows you and your lender to agree to transfer the deed in order to satisfy your outstanding mortgage debt. However, the lender can file a deficiency judgment to seek the difference in the debt and home value unless they waive the right. File a Lawsuit In some cases, you will need to file a lawsuit to fight your home foreclosure. This usually needs to be done when your lender acted unethically or illegally when foreclosing your home. For instance, foreclosure proceedings have many notice requirements that lenders are legally obligated to follow. This allows for due process, ensuring fairness by allowing you to be notified and have time to respond. If you only learned of the foreclosure right before it happened, your lender likely violated due process. In other situations, we would file a lawsuit on behalf of victims of predatory lending. Predatory lending happens when a lender lies or conceals important facts from a home buyer to secure the loan. Some lenders might misrepresent or outright lie about the interest rate. Other times, they approve borrowers who objectively should not have qualified for a home loan. Our Pennsylvania Foreclosure Defense Attorneys Can Help You Fight Your Foreclosure Today For a free case review, contact our Philadelphia foreclosure defense lawyers at Young, Marr, Mallis & Deane by calling (609) 755-3115.

SCOTUS: Harrington v. Purdue Pharma- No Third Party Releases in Chapter 11 CONSUMER EDITION Ed Boltz Mon, 07/01/2024 - 22:29 Summary: Rather than summarize a Chapter 11 case in exhaustive detail  that both has little directly to do with consumer bankruptcy cases and has been summarized in exhaustive detail elsewhere,  here are links to a few of those: Justia  NCBRC:  The Supreme Court Holds That the Bankruptcy Code Does Not Authorize a Nondebtor Discharge Without the Consent of the Claimants Rochelle's Daily Wire:  Supreme Court Reverses Purdue: No Nondebtor, Third-Party, Nonconsensual Releases SCOTUS Blog:  Supreme Court blocks OxyContin bankruptcy plan Commentary: The esjudem generis canon of  interpretation arises with fair regularity in interpreting the list heavy statutorily based Bankruptcy  Code (with that basis perhaps being   why the Supreme Court both seems to love to add bankruptcy case or two to its docket every term and why it then treats those cases like the dogs of that docket),  so its application in Harrington should inform bankruptcy courts going forward,  whether that is in terms of confirmation (of plans of whatever chapter)  or for  dismissal of cases under 11 U.S.C.  §707(a).  See for example,  In re Edwards  where the bankruptcy court read the list of bases for dismissal there in an expansive manner to include ability to pay. More specific to the Purdue Pharma case,  while the majority opinion holds that  the catchall provision of  §1123(b)(6)  allows that a plan may "include any other appropriate provision not inconsistent with the applicable provisions of this title."  (Emphasis added.)  To a large extent,  however,  it seems that the majority reverses this to require that the plan provisions  must be consistent  with applicable provisions of this title,  which is a small linguistic difference but a large procedural one. While inexplicably little attention was paid by either the majority or the dissent to my frequent complaints on these listservs and communities that the presence of a "co-debtor stay"  at 11 U.S.C. §1301  should at least be taken together with the treatment of asbestos related bankruptcies under §524(g) to inform whether, when and how courts should grant relief to non-debtors.   Beyond that,  however, this opinion also leaves unaddressed and unrecognized that  a similar,  but not identical,  catchall provision  in Chapter 13.  11 U.S.C. §1322(b)(11)  provides that a plan may "include any other appropriate provision not inconsistent with this title."  Absent from this provision is the requirement that the plan provision in question be inconsistent with the phrase "the applicable provisions".  Arguably,  this omission (and remember Congress is not, despite appearances to the contrary, a bunch of incompetent monkeys banging away on typewriters,  but drafts perfect legislation with unerring intent)  might get the Chapter 13 catchall provision   closer to what the dissent desired and the majority in vain required,  namely that a Chapter 13 plan can be confirmed if it is not inconsistent with the goals and aims of the Bankruptcy Code  without being explicitly tied to other specific statutory language.   Further,   the pending Trantham v.  Tate case at the 4th Circuit  looks to whether a non-standard plan provision,  as provided for in Federal Rule of Bankruptcy Procedure 3015(c) and derived from 11 U.S.C. §§ 1321 and 1322(b)(11), can depart from the Local Form Plan terms.  That case should also look to something of a compiled esjudem generis, with that "family"  include the plan confirmation requirements and options found throughout Chapter 13, but particularly that 11 U.S.C. §1322(b)(9)  takes as the default that assets vest in the debtor at confirmation.   To read a copy of the transcript, please see: Blog comments Attachment Document harrington_v_purdue_pharma_-_scotus_june_27_2024.pdf (547.69 KB) Category Law Reviews & Studies

Owning and managing rental properties in Pennsylvania is a massive responsibility, as you provide housing to tenants who need it. If you are at risk of mortgage foreclosure on a rental property, what happens to your tenants, and how can you protect them? Tenants who live in recently foreclosed-upon properties can typically stay there until their leases are over in Pennsylvania. If the new owner has standing to evict residents after a sheriff’s sale, they must give residents a 90-day notice to vacate. Property owners can prevent foreclosures from affecting their tenants and themselves by letting our lawyers negotiate new mortgage agreements with lenders that could potentially cure outstanding payments. If negotiations are unsuccessful, we can help property owners fight their cases in court or help them file for bankruptcy, as doing so can prevent mortgage foreclosures and sheriff’s sales. Call Young, Marr, Mallis & Associates for a free case assessment from our Pennsylvania mortgage foreclosure defense lawyers at (215) 701-6519. What Happens to Tenants Living in Foreclosed Properties in Pennsylvania? Tenants cannot control whether their landlords meet monthly mortgage payments and thus have no control over whether a property gets foreclosed. If this happens to tenants in Pennsylvania, they may be able to stay in their rental units until their current leasing agreement ends. Suppose you live in an apartment building or single-family home that has been foreclosed upon and auctioned off at a sheriff’s sale in Pennsylvania. In that case, you may be protected under the Protecting Tenants at Foreclosure Act (PTFA). Under the PTFA, tenants can stay in foreclosed properties for the remainder of their lease period, provided the new owner does not intend to utilize the property as their primary residence, in which case they must give tenants a 90-day notice to vacate. Month-to-month tenants also typically have 90 days to vacate foreclosed properties if the new owner does not wish to renew a lease. These protections only apply to bona fide tenants, which, under the PTFA, exclude any tenants who are a mortgagor’s spouse, children, parents, or tenants who pay substantially less than fair market value for rent. If the new owner does not have reason to evict tenants following a sheriff’s sale, tenants can likely stay in their units or homes until their current leasing agreement periods are over, provided they signed their current leasing agreements with the previous owner before foreclosure began. Whether or not tenants can renew their leasing agreements with the new owner after the lease ends is a different matter. If tenants meet the general qualifications property managers look for, they can often renew leases after rental properties change hands in Pennsylvania. So, more often than not, foreclosure has a greater impact on property owners than tenants, as their living situations might not change much. Preventing Mortgage Foreclosures from Affecting Tenants in Pennsylvania Property owners and managers in Pennsylvania provide housing to their tenants. Should their properties go into foreclosure, those same tenants risk losing their housing, and property owners risk losing an important income stream. Our attorneys can help property owners continue in their real estate endeavors and let them continue offering safe housing to tenants. Cure the Mortgage or Negotiate a New Plan Property owners are at risk of foreclosure after missing just a few months of payments. If your missed payment amounts are relatively low, you may be able to avoid foreclosure by curing the mortgage altogether. This will require you to pay all outstanding amounts fully. If you cannot cure your mortgage entirely, our lawyers can start negotiating with your lender to rework the existing mortgage agreement. When property owners successfully renegotiate agreements, they may be able to avoid foreclosure and a possible sheriff’s sale in Pennsylvania. Our attorneys can propose a new payment schedule and payment amounts that suit both the lender and the property owner. File for Bankruptcy If you need some relief to settle outstanding payments on a rental property mortgage in Pennsylvania, filing for bankruptcy can provide that. During a bankruptcy case, tenants can stay in their homes without fear of eviction or foreclosure, provided the debtor sees the case through. Even if foreclosure or a sheriff’s sale is imminent, filing Chapter 7 or 13 bankruptcy will stop those processes from continuing. Based on your income and the size of your debt, our Pennsylvania mortgage foreclosure defense lawyers will determine which bankruptcy chapter suits your case and start preparing your petition. If your primary creditor is your mortgage lender, we can devise a repayment plan that lets you settle your debts within three to five years. Because mortgage debts are not dischargeable, you must repay them during bankruptcy. If you file Chapter 7, the property you filed bankruptcy to keep could get liquidated, especially since Pennsylvania does not have a homestead exemption or exemptions for rental properties. If you file Chapter 7 and do not properly protect your assets, you could lose the property to repay the lender, and your tenants could be without a place to live once their lease terms are up or sooner if the new owner has reason to evict. Fight Foreclosure in Court Property owners can defend foreclosure cases in court in Pennsylvania. Lenders that fail to follow the necessary steps in mortgage foreclosure proceedings might see their claims dismissed. Banks that violate state and federal lending laws might not be able to foreclose on properties, even if owners miss several payments. If there is evidence of predatory lending practices or other egregious behavior, you may be able to win your foreclosure case, letting you keep your rental property in Pennsylvania. To prepare your defense against foreclosure, our lawyers will need all documents related to your current mortgage agreement, records of past payments, and copies of any correspondence with your lender. Call Our Lawyers in Pennsylvania Today Call Young, Marr, Mallis & Associates’ Pennsylvania mortgage foreclosure defense lawyers for a free case review at (215) 701-6519.

 Based on the expiration of a law, there are now two separate debt limits for Chapter 13 cases. To file a Chapter 13 bankruptcy case, a debtor must have no more than $465,275 in unsecured debt and no more than $1,395,875 in secured debt (only noncontingent, liquidated debt is included in each instance). For those clients interested in filing for chapter 13 or chapter 7 personal Bankruptcy please contact Jim Shenwick, Esq Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

Virginia Mortgage Relief HAF Program Runs Out of Money Virginia Mortgage Relief HAF Program was financed by the American Rescue Plan My friend Carrie stopped the foreclosure scheduled for today, June 26, 2024, with a grant from the Virginia Mortgage Relief, Homeowner Assistance Fund. She will be one of the last people helped; the program stopped taking Applications as of May 3, 2024, and will be completely out of money in the next few days. Altogether, I know about a dozen Virginia who were helped by the HAF program.  The Biden administration sent $258 million to Virginia to help people who fell behind on their house payments due to COVID-19 HAF was funded by the American Rescue Plan Act, signed by President Joe Biden in March 11, 2021, passed in Congress over the unanimous opposition of Republicans.   .           The post Virginia Mortgage Relief Helped Prevent Foreclosures appeared first on Robert Weed Bankruptcy Attorney.

Virginia Mortgage Relief HAF Program Runs Out of Money Virginia Mortgage Relief HAF Program was financed by the American Rescue Plan My friend Carrie stopped the foreclosure scheduled for today, June 26, 2024, with a grant from the Virginia Mortgage Relief, Homeowner Assistance Fund. She will be one of the last people helped; the program stopped taking Applications as of May 3, 2024, and will be completely out of money in the next few days. Altogether, I know about a dozen Virginia who were helped by the HAF program.  The Biden administration sent $258 million to Virginia to help people who fell behind on their house payments due to COVID-19 HAF was funded by the American Rescue Plan Act, signed by President Joe Biden in March 11, 2021, passed in Congress over the unanimous opposition of Republicans.   .           The post Virginia Mortgage Relief Helped Prevent Foreclosures appeared first on Robert Weed Bankruptcy Attorney.

Disability benefits may be available for those with a qualifying disability and sufficient work history. If you recently had surgery and cannot return to work for a while, you might qualify for SSDI benefits if your condition meets the government’s definition of a disability. For many, the recovery time after surgery does not meet the criteria of a disability for SSDI. However, checking with an attorney before ruling out any legal options is a good idea. We should speak with your doctors after your surgery to determine your prognosis. If you experience complications or your condition is not expected to improve, you might qualify for SSDI benefits. If that is the case, your attorney can help you apply for benefits online or arrange an appointment in person or on the phone with an agent from the SSA. When we apply, we will need thorough documentation of your condition, including details about the surgery. Get a free assessment of your potential claims from our Pennsylvania disability lawyers when you call Young, Marr, Mallis & Associates at (215) 515-2954. Are You Eligible for SSDI Benefits After Surgery in Pennsylvania? Perhaps the first thing to consider is whether your condition after surgery constitutes a disability for SSDI purposes. There are specific criteria for what constitutes a disability. According to 20 C.F.R. § 404.1505(a), a disability must stop you from performing “substantial gainful activity” and be expected to persist for no less than 12 months or end in death. Does your condition meet the criteria of a compensable disability? While you might be unable to work for a while after a major surgery, you might not necessarily be considered disabled for purposes of applying for SSDI benefits. People who undergo surgery, even very intensive surgery, usually do not spend a full year recovering. However, if your surgery has left you unable to work for at least a year, or maybe ever again, tell our Pottstown, PA disability lawyers immediately. Another possibility is that the surgery did not go according to plan. You might have experienced complications, or perhaps the surgery was performed incorrectly, leaving you disabled. If the complications are permanent or long-term, you might qualify for SSDI benefits and can apply. You should also discuss your underlying medical conditions for which you had the surgery in the first place. If this condition is contained in the SSA’s listing of impairments, you might qualify for SSDI. Starting the SSDI Application Process After Surgery in Pennsylvania To begin the application process for SSDI benefits after surgery, we need to gather extensive information and paperwork about you, your medical condition, your work history, and your current ability to work. The application is not a simple one, and we must make sure your information is complete, thorough, and accurate. First, we need medical information about your underlying condition and the surgery. This should include information from your medical records about your diagnoses, treatments, doctors, medications, and any other medical information we believe is important or relevant. If the surgery is a key factor in your inability to work, we must make sure your medical records accurately convey this information. Perhaps you did not have a serious condition that would constitute a disability before the surgery. Maybe the surgery went wrong and caused you to become disabled. If that is the case, we need extensive details about the surgery and how it went wrong. We also should have information from your doctor about how the surgery has left you disabled. Documents and Information Needed to Apply for SSDI Benefits After Surgery in Pennsylvania Simply explaining your condition might not be enough. The SSA likely wants to see official records and documentation about your disability after the surgery. This means we might have to spend time gathering official documents from hospitals, former employers, and more. First, we need to gather identification information and documents. Things like government-issued I Ds, Social Security information, and your contact information are important. Next, we need thorough and accurate medical records. If you have seen numerous doctors before and after your surgery, gathering all your medical records might be a daunting task. Our team can help you contact your doctors and the hospital where you were treated so we have official documentation of your complete medical history. We also need information about your work history. People are eligible for SSDI based in part on their work history. You must have a sufficient history of working and paying into Social Security to apply for SSDI benefits. We also need information about the income you were earning before the surgery or before you became disabled. This may form the basis of your benefits and determine how much they are worth. How to Submit an Application for SSDI Benefits After Surgery in Pennsylvania Discuss how to submit your application with your lawyer, as there are several options. Perhaps the easiest option is to complete the application and submit it online. There is an online portal through the SSA’s website where you may submit your application. Rather than filling it out alone, have your lawyer with you so everything is filled out completely and accurately. It is also possible to make an appointment to meet with an agent in person or over the phone to assist with the application process. If you would rather speak with an SSA agent, you should also have a lawyer help you. If you have already prepared an application or are working on one now, be sure to have a lawyer review it before you submit it. Remember, you might be denied benefits if your information is lacking, vague, or insufficient. While an attorney can help you submit an appeal, you might end up waiting longer before getting the benefits you need. Contact Our Pennsylvania Disability Attorneys About Your SSDI Application Get a free assessment of your potential claims from our Philadelphia disability lawyers when you call Young, Marr, Mallis & Associates at (215) 515-2954.

Reuters reports that the debt limit for Subchapter V Bankruptcy for small businesses, initially set at $2.7 million, was temporarily raised to $7.5 million by the Coronavirus Aid, Relief, and Economic Security Act passed in 2020. However, this limit has now reverted to $2.7 million following the expiration of the Coronavirus Aid law on Friday, June 21, 2024..  The story can be found at https://www.reuters.com/legal/government/small-business-bankruptcy-rules-get-tighter-after-us-law-expiration-2024-06-21/The reduced debt limit will reduce the number of small business that can file for SubV Bankruptcy. Hopefully lawmakers will increase the debt limit in the future. People or businesses with questionings about Subchapter V should contact Jim Shenwick, Esq.Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

As a homeowner, foreclosure is likely high on your list of things to avoid. Unfortunately, many homeowners fall behind on mortgage payments and must face the prospect of foreclosure. Rest assured, creditors cannot foreclose if specific legal criteria are not satisfied. Creditors may not initiate foreclosure unless certain criteria are met, including the number of months you are behind on your mortgage. Under federal law, creditors cannot foreclose until you are at least 120 days behind. Even then, foreclosure is not guaranteed, and creditors might be willing to work with you. How quickly creditors decide to start the foreclosure and what we can do about it may vary based on your unique situation. Foreclosure usually begins with a formal notice from the bank. If notice is not provided, the bank should not be able to move forward with the foreclosure. If you have received such notice or believe notice is forthcoming, talk to our team immediately. Contact our Pennsylvania mortgage foreclosure defense attorneys for a free, confidential case evaluation by calling Young, Marr, Mallis & Associates at (215) 701-6519. How Far Behind on Mortgage Payments You Must Be Before Foreclosure in Pennsylvania Missing a single mortgage payment is not enough for the bank to suddenly foreclose on your home. Missing even two or three payments likely is not enough. According to federal law 12 C.F.R. § 1024.41(f)(1), a creditor may not initiate foreclosure proceedings until you are at least 120 days delinquent, or about 4 months. Talk to our Philadelphia mortgage foreclosure defense attorneys if you are behind on payments but not far enough behind to trigger foreclosure proceedings. If the bank tries to foreclose when it should not, we can help you fight the foreclosure and hopefully keep your home. We can also help you check the terms of your mortgage. Other terms, conditions, or restrictions might play into the foreclosure process. Remember, not all mortgages are exactly the same, and your legal options might depend on the terms of your mortgage. How Quickly May Creditors Foreclose in Pennsylvania? Just how fast a creditor may foreclose on your home depends on a wide variety of circumstances and factors. While they are legally permitted to initiate foreclosure proceedings after 4 months of delinquency, they do not have to. You might be surprised to learn that many creditors are willing to work with delinquent borrowers to avoid foreclosure. They would much rather help you get back on track so you can continue making payments. Remember, creditors only want to be paid. Is there a way to convince the bank to hold off on foreclosure? How far behind are you? If you are delinquent on your mortgage payments for at least 4 months but the delinquency is not a lot of money, the bank might be more willing to work with you. For example, if you only need a few thousand dollars to catch up on delinquent payments, you might be able to get a loan from friends or family members so you can keep your home. Alternatively, the bank might agree to adjust your monthly payments so you can catch up. If the delinquency represents a much larger sum of money, the bank might be far less willing to reach an agreement or compromise. Even so, we might convince them to adjust the terms of your mortgage. For example, if you can pay a larger sum up front to partially catch up on missed payments, the bank might agree to lower your monthly payments to something you can afford. How Does Foreclosure Start in Pennsylvania? A foreclosure must begin with a formal notice from the creditor. This notice is not just a courtesy from the bank informing you of its plan to foreclose. It is legally required and must contain specific information about the foreclosure and your options going forward. If you have received a notice like this recently, call our team for help immediately. The notice may give you some time, usually about 30 days, to remedy the delinquency. If you cannot catch up during that time, the bank may proceed with the foreclosure. Since Pennsylvania is a judicial foreclosure state, the bank would have to sue you in court to foreclose. Because judicial foreclosure requires court approval at every step of the way, it often takes longer than in non-judicial foreclosure states. As such, you might have extra time to get your finances in order. You might also have more opportunities to fight the foreclosure in front of a judge. How to Fight Foreclosure if You Default on Your Mortgage in Pennsylvania If you are in foreclosure or falling behind on your mortgage and believe foreclosure is in your future, talk to our team about how you can fight the foreclosure and hopefully keep your house. One method is to negotiate with the bank. Remember, the bank wants to get paid at the end of the day. Creditors would often much rather help you get back onto a payment schedule than foreclose. We might convince the bank to adjust the terms of your mortgage so that you can make more affordable payments while also catching up on the payments you missed. Depending on the situation, we might be able to challenge the foreclosure in court. If the bank tries to foreclose too soon or refuses to allow you to cure the default, we can raise the issue in court. You have a right to cure the default under 41 Pa. Sta. § 404(a). Curing the default means paying enough money to catch up on all your missed payments and various legal fees and late penalties. While it is tough to accomplish, you have a right to cure the default if you have the money, and the bank cannot stop you from doing so. Contact Our Pennsylvania Mortgage Foreclosure Defense Lawyers for Support Contact our Upper Darby, PA mortgage foreclosure defense attorneys for a free, confidential case evaluation by calling Young, Marr, Mallis & Associates at (215) 701-6519.