Orrindale
Got a Letter From the Sheriff About Your House? What It Usually Means

A letter with a badge on it is frightening, and most people's first instinct is to put it in a drawer. Please don't. In almost every case there is still time to act, and the paper in your hand tells you exactly how much.

The three letters people usually get

1. You are being served with a foreclosure lawsuit

In states where foreclosure goes through the courts, the lender starts by filing a lawsuit, and the sheriff or a process server delivers it to you. It is usually called a complaint, with a summons or a "notice to defend" on top. This is the start of the court case, not the end of it. Your house has not been sold, and nobody can make you leave because of this paper.

The page on top tells you how long you have to respond in court. In Pennsylvania the notice to defend gives you 20 days (Pa.R.C.P. 1018.1). In New Jersey a summons gives you 35 days to answer (N.J. Court Rules 4:4-2 and 4:6-1). If you are in another state, the deadline is printed on the summons itself.

2. You are being told the date of a sheriff's sale

If the court case has already ended in a judgment, the next paper is a notice that the property will be sold at a sheriff's sale on a set date. This is the deadline that matters most. Many of the options people have, a payment plan with the lender, a sale of the house on their own terms, a bankruptcy filing, have to happen before that date.

3. You are being told when you have to leave

After a sheriff's sale, the new owner can ask the court for possession, and the sheriff may deliver a notice telling you the date you must be out. If you get this one, call a legal aid office or an attorney today, because the time left is usually short.

Is it real?

Real sheriff's papers are delivered by hand or by mail and they name the court, the case number and the parties. The sheriff's office will never call you and ask you to pay a fine or a fee by gift card, wire transfer or cryptocurrency to "clear" anything. That is a well-known scam. If you are unsure, call the sheriff's office using the number on your county's official website, not a number from the letter.

What to do this week

  • Find the date on the paper and write it down somewhere you will see it.
  • Call your lender's loss mitigation department and ask what options exist before that date.
  • Call a free HUD-approved housing counselor at 1-800-569-4287. Foreclosure counseling from HUD-approved agencies is free or low-cost, and the counselor is there to help you, not a lender or a buyer.
  • If it is a lawsuit, call a legal aid office or a foreclosure attorney about responding before the court deadline.
  • If you are thinking about selling, do it knowing the date. A sale can still close before a sheriff's sale. If the price covers what you owe, the loan is paid off from the money at closing; if it doesn't, the lender has to approve the sale.

Frequently asked questions

Does a letter from the sheriff mean I lost my house?

Usually not. The most common sheriff's papers start a foreclosure lawsuit or announce a sale date. You still own the house until a sale actually happens and is completed.

How long do I have to respond to a foreclosure lawsuit?

It is printed on the summons or notice on top of the papers. In Pennsylvania the notice to defend gives you 20 days (Pa.R.C.P. 1018.1). In New Jersey a summons gives you 35 days to answer (N.J. Court Rules 4:4-2 and 4:6-1).

Can I still sell my house after the sheriff's papers arrive?

In most cases, yes, right up until the sale. If the price covers what you owe, the mortgage is paid off from the money at closing. What matters is whether a sale can close before the sheriff's sale date.

The sheriff called and said I owe a fine. Is that real?

Treat it as a scam. A sheriff's office will not call and ask for payment by gift card, wire or crypto. Hang up and call the sheriff's office using the number on your county's official website.

Who can help me for free?

A HUD-approved housing counselor, at 1-800-569-4287, and your local legal aid office. Both are free.

Does Orrindale buy houses or charge me anything?

No. Orrindale is free to homeowners and we are not a buyer. If we have local buyers working in your county we will introduce you, you choose who to talk to, and you are never under any obligation. If we do not, we will still point you to free help.

Sources

See if we have a buyer in your county, free

This page is general information, not legal or tax advice. For your specific situation, consult a licensed attorney in your state or the relevant agency. Orrindale is a matching service, not a law firm, lender, or government program.