How to stop a sheriff sale in Northampton County

Northampton County Sheriff Sale

If you are facing a sheriff sale in Northampton County, you may be wondering what you can do to stop the sheriff sale. If the sole issue that you are dealing with is falling behind on your mortgage payments and facing a sheriff sale, I would typically recommend submitting a loan modification application. However, most mortgage servicers will not review a loan modification application if the application is submitted within 30 days of the sheriff sale.

If resolving the past due amount on the mortgage is not possible with a loan modification application, you should consider a Chapter 13 bankruptcy. The reason a Chapter 13 bankruptcy can stop a sheriff sale is because of the automatic stay. The bankruptcy court’s automatic stay will stop all legal actions – including foreclosure actions – from proceeding as soon as the bankruptcy case is filed.

Once a Chapter 13 case is filed, the Northampton County Sheriff and the law firm that filed the foreclosure action should both be notified of the bankruptcy filing so they are made aware that the sheriff sale cannot proceed because of the bankruptcy. The mortgage arrears can then be resolved through the Chapter 13 plan. A Chapter 13 bankruptcy allows a person to repay debts such as the arrears on the mortgage over a period of up to 5 years.

After a person files bankruptcy, they will resume their regular monthly mortgage payments. The Chapter 13 plan will then propose to pay the past due amount on the mortgage. For example, if your mortgage payment is $2,000.00 per month and you’ve missed 15 payments, the mortgage is $30,000.00 past due. If you file a Chapter 13 bankruptcy, the Chapter 13 Plan will pay the mortgage lender back $30,000.00 over a period of 5 years and you would resume your normal mortgage payments after the bankruptcy case is filed.

If you are interested in discussing a foreclosure action, an upcoming sheriff sale, or a Chapter 13 bankruptcy, feel free to call me at (610) 417-6345. You can find out if your home is listed for an upcoming sheriff sale in Northampton County here. I would be happy to discuss the case with you to review all options to stop a sheriff sale in Northampton County. I am a bankruptcy attorney located in Bethlehem, PA.

PA UC: Appeal a Backdate Denial

An individual that applies for Pennsylvania unemployment compensation (UC) benefits normally can only seek benefits from the date their unemployment application is filed with the Department of Labor. In order to request payment for weeks that the individual was unemployed prior to the date of their UC application, the applicant must submit a request to backdate a claim with the Pennsylvania Department of Labor. Backdating a claim is only allowed under limited circumstances, which are outlined in 34 Pa. Code § 65.43a.

The following reasons can be used to support a request to backdate an unemployment claim:

  • The Department is unable to handle all filings due to an excessive volume of telephone calls (6 weeks allowed).
  • The claimant attempts to file by telephone, internet, or fax transmission, but the method used to attempt to file is unavailable or malfunctions (2 weeks allowed).
  • The UC office fails to accept a filing as a result of error or mistake by the Department (52 weeks allowed).
  • Sickness or death or a member of the claimant’s immediate family or an act of God (2 weeks allowed).
  • The claimant makes reasonable and good-faith efforts to file timely, but is unable to do so through no fault of the claimant (2 weeks allowed).
  • Causes due to the COVID-19 pandemic until the end of the current “high unemployment” period (52 weeks allowed).

If your request for backdating is denied and you are looking to file an appeal, please feel free to contact me at (610) 417-6345. I help claimants appeal Disqualifying Determinations issued by the Pennsylvania Department of Labor. Please note that I am located in Bethlehem, PA and can only represent claimants that are located within an hour from my office. I practice in the the following counties: Northampton, Lehigh, Monroe, Bucks, Berks, Montgomery, and Carbon.

What to do when a tenant files an appeal in Lehigh County

If you are a landlord in Lehigh County that has been notified that their tenant filed an appeal from an eviction judgment entered in a Magistrate District Court (MDJ) to the Lehigh County Court of Common Pleas, you may be wondering what happens next. In this article, I will outline the procedures to follow when a tenant files an appeal in Lehigh County.

Whenever a tenant appeals an eviction judgment entered in the Magistrate District Court (MDJ) to the Lehigh County Court of Common Pleas, the eviction process stops if the tenant is granted a supersedeas. A tenant is able to obtain a supersedeas if they pay the lesser of the actual rent in arrears as determined by the Magistrate District Court (MDJ) or three month’s rent. However, in most cases, there is a process that tenants utilize to seek an exemption from this requirement. In the majority of cases, the tenant files a Petition to Proceed In Forma Pauperis. If this Petition is granted by the court, the tenant is only obligated to pay one-third of one month’s rent at the time their appeal is filed and the remaining two-thirds balance will be due within twenty (20) days. The tenant is then obligated to pay the ongoing rent payments each thirty (30) days after the appeal is filed. If the tenant ever defaults on any of the rent payments that become due after their appeal is filed, the landlord can terminate the tenant’s supersedeas and move forward with the eviction process back at the Magistrate District Court (MDJ). If you need any assistance terminating the tenant’s supersedeas, please feel free to call me at (610) 417-6345. Please also note that the landlord must file paperwork with the Lehigh County Clerk of Judicial Records to request the release of the rent deposits made by the tenant.

After the tenant appeals the eviction judgment in Lehigh County, the tenant is required to serve the Magistrate District Court (MDJ) and the landlord with the Notice of Appeal within ten (10) days and file an Affidavit of Service with the court. The Notice of Appeal must be served personally (hand-delivered) or by United States Certified Mail. An appeal can be stricken if the tenant fails to file an Affidavit of Service with the court within (10) days from the date their appeal is filed. The Notice of Appeal will inform the landlord that a Complaint must be filed within twenty (20) days from the date of service. Once the landlord files the Complaint, the tenant will then have twenty (20) days to file an Answer. If you are the landlord that is looking for an attorney to prepare and file the eviction complaint with the Lehigh County Court of Common Pleas, feel free to call me at (610) 417-6345.

Lehigh County automatically schedules the case for an Arbitration Hearing once a landlord-tenant appeal is filed. The Arbitration Hearing date is usually scheduled around 90-120 days from the date the appeal is filed with the court. The court will mail out a Case Management Order informing the parties of the date, time, and address of the hearing. A panel of three attorneys will conduct a hearing an issue an Arbitration Award on the hearing date. Either party has thirty (30) days to appeal the Arbitration Award to request a trial with a Lehigh County Judge. If the Arbitration Award is not appealed within thirty (30) days, the Arbitration Award becomes final, and it can be entered as a judgment. If the Arbitration Award grants possession to the landlord, the landlord can proceed with the eviction process if the tenant does not appeal the decision within thirty (30) days. If you are looking for representation in a landlord-tenant appeal in Lehigh County, feel free to call me at (610) 417-6345. I hope you found this article information so you can navigate the appeal process in Lehigh County.

What to do when a tenant files an appeal in Northampton County

Many landlords in Northampton County, Pennsylvania are receiving notice that their tenant has appealed a Magistrate District Court (MDJ) judgment to the Northampton County Court of Common Pleas and they are wondering what steps they have to take next. First, when an appeal is filed, a supersedeas is signed by the Northampton County Prothonotary, which is a court order which places a stay on the eviction proceedings. This means that the landlord cannot evict the tenant once a tenant files an appeal. A tenant is typically required to deposit rent with the Prothonotary in order to obtain a supersedeas.

If the Magistrate Court found that the tenant was past due on their rent at the time of the Magistrate District Court (MDJ) hearing, the tenant is obligated to deposit the lesser of the actual rent in arrears or three month’s rent at the time their appeal is filed in Northampton County in order to obtain a supersedeas. There is a process that tenants can utilize to seek an exemption from that requirement, which is known as a Petition to Proceed In Forma Pauperis.

If the tenant files a Petition to Proceed In Forma Pauperis and obtains the court’s approval, the tenant is only obligated to pay one-third of one month’s rent at the time the appeal is filed to obtain a supersedeas and the two-thirds balance becomes due twenty (20) days later. Then each successive thirty (30) days, the tenant must continue to pay the ongoing rent to the Northampton County Prothonotary. If the tenant ever defaults on the rent payments that become due after their appeal is filed, the landlord is permitted to terminate the supersedeas and the landlord is then authorized to proceed with the eviction process back at the Magistrate District Court (MDJ). You can call me (610) 417-6345 if you need assistance terminating a tenant’s supersedeas.

After the tenant files an appeal, the tenant must serve the Magistrate District Court (MDJ) and the landlord with a copy of the Notice of Appeal. Service of the Notice of Appeal must be made by personal service (hand-delivery) or by mailing a copy of the Notice of Appeal by United States Certified Mail. An Affidavit of Service must then be filed with the court within ten (10) days of the appeal being filed. The Notice of Appeal will also contain a Rule to File Complaint, which informs the landlord that a Complaint must be filed with the court within twenty (20) days from the date the appeal is served by the tenant. If you are interested in retaining an attorney in Northampton County to represent you in the appeal, feel free to call me at (610) 417-6345. After the landlord files the Complaint with the court, the tenant will have twenty (20) days to file an Answer.

If the tenant files an Answer and continues to deposit their ongoing rent payments with the court, the tenant will remain protected from the eviction. In order to evict the tenant, the landlord must obtain a court order granting the landlord a judgment for possession. The landlord is required to file paperwork with the court to obtain a hearing date. If you are a landlord that is seeking a court hearing to evict a tenant in Northampton County, please feel free to call me at (610) 417-6345 to discuss your case. I hope you have found the information outlined in this article helpful. I would be happy to discuss any landlord-tenant issues that you may be experiencing in Northampton County, Pennsylvania.

Section 401(c) PA UC Denial

Have you been denied unemployment compensation (UC) benefits under Section 401(c) of Pennsylvania’s unemployment compensation law? If you have applied for Pennsylvania unemployment compensation (UC) benefits and later received a Disqualifying Determination listing Section 401(c), you may be wondering what this means. Section 401(c) is cited by the Pennsylvania Department of Labor when there is a question of whether the claimant filed a valid application for benefits. The Disqualifying Determination may also indicate that the claim was identified as a result of fraud.

Don’t panic when you receive this determination. You have the right to appeal this determination and it usually only means that the Department of Labor is auditing the case for suspected fraud. I believe the Pennsylvania Department of Labor is simply doing their due diligence into an application for UC benefits before they decide to pay an applicant their benefits. I have found that Section 401(c) is often cited when the claimant resides outside of Pennsylvania or the employer is located outside of Pennsylvania.

The Disqualifying Determination will inform the claimant that they have the right to file an appeal within 21 days from the date the determination is mailed. If the determination is appealed, a hearing will be scheduled and the claimant will have an opportunity to establish that the application is valid. I have been successful in representing claimants that have been denied benefits under Section 401(c). During the hearing, I simply have the applicant verify their employment information so the UC Referee conducting the hearing understands that the UC claim submitted by the claimant was valid and legitimate.

If you received a denial under Section 401(c) and wish to retain an unemployment compensation attorney to assist you in filing an appeal and representing you at a referee hearing, please feel free to call me at (610) 417-6345.

What To Do When A Tenant Appeals and Lies About Paying Rent

This article is intended for Pennsylvania landlord-tenant appeals from the Magistrate Court to the Court of Common Pleas. Particularly, when a tenant submits a false affidavit to the court alleging that rent was paid in the month their appeal was filed. This article reviews the applicability of Rule 1008 and potential remedies.

I see it happen all the time — a landlord successfully obtains a judgment to evict a tenant based on the tenant’s failure to pay rent, the tenant files an appeal, and lies to the court saying they paid rent for the month the appeal was filed. What is the landlord suppose to do?

Pennsylvania Landlord-Tenant Appeal Overview

When a tenant appeals an eviction judgment within ten (10) days of the Magistrate Hearing to the Court of Common Pleas, the Pennsylvania Rules of Procedure require the tenant to pay the lesser of the rent actually in arrears or 3 months’ rent. Pa. M.D.J.R.C.P. 1008.  However, there is a loophole thanks to Rule 1008(C). Tenants who don’t have the ability to pay this amount can file a Petition asking the court to proceed in forma pauperis (IFP) by claiming that their income is under a certain level.

By filing in forma pauperis (IFP), the tenant is required to submit an affidavit to the court verifying whether or not rent was paid in the month in which the appeal was filed. If the tenant states that rent was not paid in the month the appeal was filed, the tenant has to pay 1/3 of the monthly rent to the court when the appeal is filed and the remaining 2/3 balance within twenty (20) days. The tenant then must pay monthly rent to the court each successive thirty (30) days following the appeal.

However, sometimes a tenant claims in the tenant supersedeas affidavit that rent was paid in the month the appeal was filed, even though it was not, and the court doesn’t even require the tenant to present proof of payment. What is a landlord supposed to do when the tenant commits this blatant perjury?

File a Motion to Terminate the Tenant’s Supersedeas

When a tenant lies on the Tenant Supersedeas Affidavit by claiming that rent was paid when it was not, the landlord would be required to file a Motion with the Court asking the court to terminate the tenant’s supersedeas. The supersedeas is a legal term which means that the proceedings in the lower court are suspended and prohibits the landlord from seeking possession while the appeal is pending.  If a Motion isn’t filed, you’ll have to wait until thirty (30) days after the appeal is filed to see of the tenant fails to make ongoing rent payments to the court’s escrow and hope that you can terminate the supersedeas at that time.

Sanctions and Penalties

Most landlords are interested in whether there are any additional penalties and whether they can collect attorney’s fees based on the tenant’s false statement to the court. As far as obtaining attorney’s fees, hopefully, your Lease Agreement permits the recovery of attorney’s fees in the event of a breach of the Lease Agreement. Under that scenario, your attorney can request an award of counsel fees during the arbitration hearing. Alternatively, proper procedure must be followed to in order to file a Motion for Sanctions against the tenant by demanding that the tenant amend the false filing with the court prior to seeking sanctions. To pursue criminal penalties for perjury, I would recommend contacting the District Attorney or consider filing a Private Criminal Complaint.

Obtaining Representation

If you are a landlord with a tenant that is giving you the business by playing games with the legal system, give me a call. I represent landlords in the Lehigh Valley area including Bethlehem, Allentown, Easton, Stroudsburg, Doylestown, Reading, Lehigh County, Northampton County, Berks County, Bucks County Monroe County, and Montgomery County. I can assist you in all landlord-tenant matters by helping you obtain possession, getting a judgment against the tenant, and hopefully collecting the judgment.

Call me at (610) 417-6345 for a consultation.