Yahoo! reported foreclosures were up 14% from 2022 as of May 2023.

Foreclosures can happen in a variety of ways. Judicial foreclosure is just one process that may occur.

Definition

Judicial foreclosure is a court-administered legal proceeding. The process typically begins when a homeowner defaults on their mortgage payments, leading the lender to file a lawsuit against the borrower. The purpose of this lawsuit is to obtain a court order to allow the lender to sell the property in an attempt to recover the unpaid mortgage debt.

Stages of the process

The lender files a lawsuit in the appropriate court seeking a judgment of foreclosure. This lawsuit is a formal legal action that identifies the borrower and details the debt owed.

The homeowner, referred to as the defendant in the lawsuit, receives formal notice. The defendant has the opportunity to respond and defend against the foreclosure, possibly by contesting the validity of the mortgage or raising legal defenses.

The court examines the case, considers any evidence and arguments presented by both parties and renders a judgment. If the court rules in favor of the lender, it grants the lender the right to foreclose on the property.

With the court’s permission, the lender proceeds with the sale of the foreclosed property. This sale can occur through a public auction or private sale.

The sale of the property aims to recoup the unpaid mortgage debt. Once the sale concludes, the lender receives the amount of the remaining mortgage balance, and any excess funds going to other lienholders or the homeowner.

A judicial foreclosure is a legal process that affords the homeowner certain rights and protections. It can be a time-consuming and costly process, both for the lender and the homeowner. In addition, the consequences are significant. If the court rules in favor of the lender, the homeowner loses the property and receives a negative mark on their credit history.

Buying a home is a very confusing process, especially if someone has never completed a Pennsylvania real estate transaction before. There are many requirements and expenses that people do not anticipate and may wonder if they actually need to accept.

Examples include survey, appraisal and inspection costs, as well as numerous other closing expenses, like title insurance. Title insurance often costs several thousand dollars, depending on the purchase price of the property. What do prospective homeowners looking over settlement statements need to know about title insurance?

There are two policies for a reason

Title insurance protects the financial investments that different parties make in a property. There will usually be a mandatory policy required for the lender whenever someone purchases a property with financing. Should there be a title issue that arises later, the lender’s policy will reimburse them for the remaining principal balance on the mortgage that they funded. The buyer’s policy will protect their investment, including the down payment that they made, the equity they have accrued and any investments they have made in repairing or upgrading the property. The title search process can potentially help people spot risky investments or resolve title blemishes before taking ownership.

Buyers have rights

While the home buyer easily cannot forego the coverage in many cases, they still have certain rights when it comes to Pennsylvania title insurance. Specifically, they have the right to choose the company that provides their title insurance and does the title research. Most people simply go with the corporate title company recommended by their real estate agent, but that isn’t necessarily the most cost-effective solution, nor does it offer the greatest degree of protection.

Working with a local real estate attorney for title insurance purposes can eliminate certain costs associated with corporate policies and can ensure a more hands-on approach to the research for the title policy. Big title companies streamline and even automate the title search process, making it easy for them to overlook an issue that could cause major issues for a buyer in the future.

In other words, using a local attorney for title insurance support can potentially cost less while leaving someone with a higher-quality final product. Having the right information often benefits those buying real property who are not entirely familiar with their rights and the laws that apply.

The home where someone lives is often their most valuable personal asset. They may contribute as much as a third of their monthly income toward their mortgage and escrow accounts for 30 years or even longer. Most people would do just about anything within their power to protect their homeownership, even if it means working a second job or making sacrifices elsewhere in their lives.

Sadly, quite a few Pennsylvania property owners, particularly those living on a fixed income or struggling with a sudden loss of income, can fall behind on their financial obligations. Even after someone repays their mortgage in full, they will still need to pay property taxes each year, and failing to do so could put their continued ownership of the property at risk.

Those with delinquent property taxes may end up at risk of losing their home through a tax sale. The state can auction off the property to collect the unpaid taxes. How long does someone who has fallen behind on property taxes have to redeem their home after a tax sale in Pennsylvania?

Most property owners have nine months for redemption

For a property to be eligible for redemption after a tax sale, the property will generally need to have been owner-occupied prior to the tax sale. Even after the sheriff transfers the deed for the property to someone capable of purchasing and paying the tax debt, the original owner has the option of redeeming the property by paying the amount owed and interest in full. Generally speaking, redemption is only possible for nine months after the transfer of title by the sheriff. Redemption will require collecting enough cash to pay the full balance of the tax debt and the interest accrued after the tax sale.

What does the redemption period mean for property owners and investors?

For those who own a residence and worry about losing the title to their property because of unpaid taxes, the redemption period offers a means of protecting one’s investments. For those hoping to acquire or invest in property via a tax sale, the nine-month redemption period for owners in Pennsylvania means that they may need to delay making major repairs to the property or attempting to take possession of it until after the risk of redemption has passed.

Those who understand the rules will be in a better position to acquire property at a tax sale or protect the home where they live. Learning more about the rules for tax sales can therefore benefit both homeowners and those seeking to invest in Pennsylvania real property alike.

When purchasing property, exploring non-traditional sales avenues can provide unique opportunities. One such avenue is participating in a repository sale, which offers a distinct set of advantages for prospective buyers.

Whether you are an experienced investor or a first-time buyer, understanding the nuances of this process can help you navigate the repository sale market successfully.

What is it?

A repository sale, also known as a tax sale or tax auction, occurs when a governmental entity auctions off a property due to unpaid taxes. When property owners fail to pay their taxes, the government places a tax lien on the property, which can eventually lead to a repository sale.

These sales are typically held to recoup the delinquent taxes owed, allowing interested buyers to acquire properties at a potentially lower cost. The variety of properties available caters to different preferences and investment strategies. Repository sales also provide a streamlined purchasing process, helping to ensure a quicker turnaround than traditional real estate transactions.

How do you make a bid?

Before attending the repository sale, establish a budget for your intended purchase. Consider factors such as:

• The market value
• Your financial capacity
• Any potential costs associated with repairs or refurbishments

Ensuring adequate financing before the sale is crucial because repository sales often require immediate payment or a deposit upon winning a bid.

On the day of the repository sale, arrive early to help secure a favorable position and obtain your bidder’s paddle or identification. During the auction, start with conservative bids and gradually increase your offers if necessary. Avoid getting caught up in bidding wars that may lead to overpaying for an asset.

What happens after you bid on the property?

Inspectors must determine if the property should be demolished or rehabilitated if you bid on a real estate property that includes a building. Once you and the inspector agree, the Property Tax Claim Office forwards the bid to the county, municipality and school tax bodies. The taxing bodies have 30 days to approve or deny the bid, after which you will be notified of the final decision.

Purchasing property at a repository sale can be a rewarding endeavor if approached with careful planning and consideration. Understanding the intricacies of repository sales is crucial to help ensure a successful purchase.