Mortgage Foreclosure: New Cover Sheet in Allegheny County

Posted By Cliff Tuttle | January 16, 2009

Posted by Cliff Tuttle

Under the new Pilot Project of the Court of Common Pleas of Allegheny County, mortgage foreclosure complaints are required to use a new cover sheet that contains additional information. Click here to see a copy.

The sheet contains check boxes which enable the Court personnel to identify an owner-occupied one to four family residence, which is qualified for assistance under the program. It also contains a place, at the bottom of the page, for the Plaintiff to fill in the name and contact information of a representative of the lender with “authority to discuss this action.”

Authority to discuss an action is, of course, short of authority to modify a mortgage or settle a suit. It is a safe guess that the attorney for the plaintiff will probably be named in this slot most of the time. It remains to be seen whether the lender representative will be instructed to come prepared with authority to settle, or have immediate telephone contact with one who does.

Beginning Monday, January 12, qualified defendants received a notice from the Sheriff with service of the Complaint, giving the name of the “Save Your Home Hotline.” The notice states, in part:

“You will be put in touch with a non-profit Housing Counselor FREE OF CHARGE to help you try to work out arrangements with your mortgage company.

The housing counselor will schedule a conference under the court’s supervision to determine whether a work out can be arranged.

To get help you must call the Hotline and go to a Housing Counselor. They will tell you what to do next.”

The notice also contains the telephone number of the Hotline.

CLT

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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