Litvak Legal Group, PLLC.

PA (215) 515-7113

NJ (732) 624-6283

PA (215) 515-7113

Call  your attorney directly


Litvak Legal Group

NJ (732) 624-6283

At the time of sheriff's service, the county's officials place a Levy on the property set for the sale. The sheriff’s sale is usually scheduled a few weeks later due to high number of pending properties set for disposition. At this point, the debtor has a few available options to stop the foreclosure.

Make a payment
The most obvious option is to make a payment and to bring the loan current. Many try to find a way to pay at least some amount towards the delinquency. However, all mortgage documents contain what is know an Acceleration Clause. The acceleration clause means that once a loan is late or delinquent, the lender may request the payment of the whole mortgage amount, i.e. the balance of the whole loan. Paying just a few thousands may not be enough to pay off the whole mortgage loan.

Loan Modification

Second option is to try settling with the lenders and modifying the mortgage. There are many special modification programs available to assist qualified homeowners in keeping their property by restructuring their loans, reducing payment, curing the delinquency, and lowering the interest rate. While on paper this option seems to be the most attractive, chances are that at this stage of the foreclosure process, the debtor would not qualify for modification due to lack of sufficient income, credit history, and/or other factor considered by the lender.

Filing a Bankruptcy Petition
Finally, the debtor may file for Bankruptcy Protection, such as Chapter 13, and stop the foreclosure sale. The bankruptcy filing is an automatic Stop on all foreclosure activity, including the sale. However, some sheriffs’ departments will not cancel the sale until they get appropriate instructions from the foreclosing lender. It is very important to send a copy of the bankruptcy documents and or other communication to the lender and to the Sheriff’s department and notify them of the bankruptcy filing and the automatic stay. However, the whole process may take a few days, and it is essential that debtors do not wait until the date of the sale to file for bankruptcy. Ideally, the bankruptcy petition must be filed a few days or even weeks before the sale. To learn more about the Chapter 13 Bankruptcy please click here.

STOP Sheriff's Sale.

Sheriff’s sale is the final step in enforcing a judgement. Once the judgement is entered (Default Judgement or on Merits), the creditor can start a judgement enforcement or collection process. A creditor will send a copy of Writ of Execution document to the sheriff's department with the instructions to start the sale of properties. The procedure requires that a copy of the document is served on defendants/debtors by mail or by personal service. 

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Initial Consultation.


We can help you stop foreclosure sale

and put your financial future on the road to recovery.