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Navigating Pennsylvania Foreclosure Laws And Rights For Homeowners

Published on April 14, 2023

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Navigating Pennsylvania Foreclosure Laws And Rights For Homeowners

Understanding Foreclosure And Preforeclosure In Pennsylvania

Navigating Pennsylvania's foreclosure laws and rights for homeowners can be confusing, but understanding the process is important. Foreclosure is a legal process in which lenders may repossess mortgaged properties when mortgage payments are not received.

Preforeclosure is a period of time prior to the foreclosure that usually begins with an intent-to-foreclose letter from the lender. In Pennsylvania, lenders must give homeowners at least 30 days’ notice before filing a foreclosure action in court.

During this preforeclosure period, homeowners have options available to them such as loan modifications or repayment plans, or even selling their property as a short sale. If the foreclosure does go to court, the homeowner has the right to attend and present evidence in support of their case.

Upon completion of the legal proceedings, if necessary, an auction will be held where potential buyers can bid on the property. The high bidder will then receive title to the property subject to any existing mortgages or liens that have not been extinguished in the foreclosure process.

It is important for Pennsylvania homeowners to understand their rights throughout each step of this process so they can make informed decisions about their financial future.

Mortgage Loan Basics For Pennsylvania Residents

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Mortgage loan basics for Pennsylvania residents are important to understand when navigating foreclosure laws and rights. To begin, Pennsylvania law provides that mortgage lenders must provide homeowners with a written notice at least 30 days before proceeding with foreclosure.

The notice must include the amount of debt, the name and address of the lender, and contact information for a housing counselor. If you cannot pay your mortgage loan payments, there are several options available to you such as negotiating a repayment plan or refinancing the loan with a new lender.

Additionally, various state programs exist to provide assistance to homeowners in financial distress. These programs offer services such as credit counseling and advice on reducing debt while avoiding foreclosure.

It is important to know that if you do face foreclosure proceedings in Pennsylvania, state law requires lenders to give borrowers an opportunity to cure their default before they can proceed with a sale or auction of the home. Understanding these mortgage loan basics can help homeowners prepare for any challenges they may face throughout the process of navigating Pennsylvania foreclosure laws and rights.

Steps To Take If You Miss A Mortgage Payment In Pennsylvania

If you are a homeowner in Pennsylvania and you have missed a mortgage payment, it is important to take the necessary steps to protect your rights in accordance with Pennsylvania foreclosure laws. First, contact your lender as soon as possible and discuss potential options such as loan modifications or deferment of payments.

It is also important to be aware of the foreclosure process timeline and what steps the lender must take before filing for foreclosure in court. You should also consider seeking legal advice if you are unsure about any part of the foreclosure process.

Knowing your rights under Pennsylvania foreclosure law can help you stay ahead of any issues that may arise from missing a mortgage payment. Additionally, some organizations may be able to provide financial resources that can help you avoid or prevent foreclosure altogether.

Understanding the various options available to you is key when navigating Pennsylvania foreclosure laws and protecting your rights as a homeowner.

Breach Letter Requirements And Timeline In Pennsylvania

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In Pennsylvania, a Breach Letter is required in order to commence the foreclosure process. A Breach Letter must be sent to the homeowner before any legal action can begin and should include specific details about the debt and instructions for repayment.

The letter must be mailed by first-class mail or delivered personally at least thirty days prior to filing the foreclosure complaint in court. Once a complaint has been filed, the homeowner has twenty days to answer or file a motion with the court.

If no response is made within that time frame, a judgment of foreclosure may be entered against them as well as other remedies including eviction proceedings. It is important for homeowners to understand their rights when dealing with foreclosure proceedings and to follow all deadlines associated with such proceedings in order to properly protect their interests.

When Does Foreclosure Start In Pennsylvania?

When a homeowner in Pennsylvania misses three consecutive mortgage payments, foreclosure proceedings can begin. Foreclosure is an official legal process that involves the lender taking possession of the home from the homeowner, who has not kept up with their loan obligations.

The lender then has the right to sell the home and recoup any money they’ve lost due to nonpayment. Generally, lenders must take action within two to four months after a borrower has missed three payments.

After this point, most lenders will send out letters warning of foreclosure and giving the borrower a chance to work out their situation before any further action is taken. Homeowners must be aware of their rights during this process and act quickly if they wish to avoid losing their property.

Understanding Pennsylvania’s foreclosure laws and how long it takes for foreclosure proceedings to begin is critical for homeowners facing potential financial hardship.

Preforeclosure Notices Explained For Pa Residents

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In Pennsylvania, homeowners facing foreclosure must be informed of the process through a written preforeclosure notice. This notice is typically sent to the homeowner by certified mail and it must include important details regarding the current mortgage delinquency situation, such as the amount owed and when payment is due.

It also contains information about the lender’s right to foreclose along with any available options for avoiding foreclosure, such as loan modification or refinancing. The preforeclosure notice must also provide instructions on how to contact the lender in order to discuss potential solutions.

Additionally, this notice must include contacts for government agencies and nonprofit organizations that offer assistance to those facing foreclosure. Receiving a preforeclosure notice does not necessarily mean that a homeowner will lose their home; however, it does indicate that they are at risk of foreclosure if action is not taken quickly.

To protect their rights, Pennsylvania homeowners should familiarize themselves with Pennsylvania’s foreclosure laws and reach out for help if needed.

Overview Of State Foreclosure Laws In Pennsylvania

Pennsylvania homeowners facing foreclosure should be aware of the laws and rights that apply to their situation. Foreclosure in Pennsylvania is considered a judicial process, meaning the lender must file a complaint with the court and obtain a court order or judgment to foreclose on a property.

In this state, lenders may pursue both non-judicial and judicial foreclosure proceedings, but they can only use one method. Lenders are also required to provide homeowners with a notice of intent to foreclose prior to beginning the legal process.

Homeowners have the right to contest an attempted foreclosure as long as they do so within 30 days of receiving notification from the lender. When it comes time for repaying debt, Pennsylvania courts may allow homeowners to enter into approved repayment plans with their lender if they are able to make up what's owed on their mortgage over time.

Finally, those who cannot afford their mortgage payments should be aware that Pennsylvania does not allow debtors to remain in possession of their home following foreclosure; instead, lenders are granted immediate ownership of any foreclosed properties in this state.

Reinstating A Mortgage Before The Sale In Pennsylvania

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Navigating Pennsylvania foreclosure laws and rights for homeowners can be a complicated process. Homeowners who have defaulted on their mortgage may be able to reinstate the loan before the sale of their home by working with their lender.

The process of reinstating a mortgage in Pennsylvania requires understanding both state law and your lender's specific policies. Generally, lenders must provide a written notice of the right to cure the default prior to filing a foreclosure action.

If you have received this notice, you may be eligible to reinstate your mortgage by making all past due payments, plus any additional costs associated with foreclosure proceedings. In some cases, you may even be able to negotiate a reduced payment schedule with your lender if you cannot immediately make full payment.

Making sure that your payments are made on time is essential for reinstating the loan; it is also important to contact your lender as soon as possible if you are facing financial difficulties so that they can work with you on alternative solutions. Taking these steps can help protect your home and give you peace of mind when navigating Pennsylvania foreclosure laws and rights as a homeowner.

Understanding Post-sale Deficiency Judgments In Pennsylvania

When a homeowner in Pennsylvania falls into foreclosure, it is important to understand the implications of a post-sale deficiency judgment. This type of judgment occurs when the proceeds from the sale of the foreclosed property are not sufficient to cover the outstanding debt owed by the homeowner.

In such cases, lenders may seek a deficiency judgment against the former homeowner for any remaining debt. A deficiency judgment does not necessarily mean that homeowners will have to pay back all of their remaining debt.

Instead, lenders must follow certain procedures as outlined by Pennsylvania law before they can pursue a deficiency judgment against an individual or entity. Lenders must first provide written notice to borrowers at least 30 days prior to filing suit and they are only legally allowed to pursue a deficiency judgement if they can prove that fair market value was received for the property at auction.

This means that lenders cannot pursue a deficiency judgement if they sold the property for less than it was worth in order to foreclose on it quickly. Understanding these rules can help former homeowners navigate their rights and obligations following foreclosure proceedings in Pennsylvania.

How Can Homeowners Stop A Foreclosure In Pa?

letting your house go into foreclosure

Navigating the foreclosure laws and rights of Pennsylvania can be a difficult task, especially when trying to stop a foreclosure. Homeowners must understand their rights in order to effectively stop a foreclosure.

There are several steps that homeowners can take to prevent a foreclosure. Firstly, they can contact their lender and try to negotiate a repayment plan or loan modification.

Additionally, they may be able to refinance the loan with another lender or take out a second mortgage. They may also benefit from filing bankruptcy which will stop the foreclosure process and allow them time to restructure their finances.

Lastly, they may be able to work with a HUD-certified housing counseling agency who can provide education and advice about all of the options available for stopping a foreclosure in Pennsylvania. It is important for homeowners to stay informed about all of their rights so that they can make an educated decision about what course of action is best for them in order to prevent or stop a foreclosure if it does occur.

What Are My Rights During The Foreclosure Process?

As a homeowner facing foreclosure in Pennsylvania, you have certain rights and protections that are guaranteed by the state. One of your most important rights is the right to receive proper notice of the foreclosure process.

Under state law, lenders must provide written notification at least 30 days before a foreclosure sale may take place. This notification must include specifics regarding the amount due and when it is due, as well as information about the right to cure any default or delinquency.

Additionally, lenders must provide notice of your right to request a loan modification or forbearance if you are unable to pay back what you owe. It is important to note that any loan modification or forbearance agreement that you enter into with your lender must be in writing and signed by both parties.

Furthermore, lenders cannot pursue a foreclosure unless they can demonstrate that they exhausted all possible alternatives to foreclosure first. The foreclosure process in Pennsylvania also provides homeowners with access to mediation services if they choose this option.

Through mediation, homeowners can work together with their lender to come up with an acceptable resolution outside of court that satisfies both parties' interests.

Tips For Working With Your Lender During Preforeclosure Period

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Working with your lender during preforeclosure can be a stressful experience. It's important to understand your rights and obligations per Pennsylvania foreclosure laws in order to increase the chances of getting back on track.

Homeowners should reach out to their lender as soon as possible when they are facing financial hardship, as this is a key step to avoiding foreclosure. To ensure that you have all the information you need before beginning negotiations, it is best to research Pennsylvania's foreclosure laws and regulations.

Additionally, make sure you know exactly how much money you owe, what type of loan agreement you have and what options are available to help you avoid foreclosure. Once armed with this knowledge, contact your lender directly and explain your situation in detail.

Be prepared to provide evidence of your current financial status, including income documents and proof of expenses. Negotiations may take several weeks or even months depending on the lender's policies - but it is ultimately worth the effort if it means saving your home from foreclosure.

Options To Avoid Letting Your House Go Into Foreclosure

When a homeowner in Pennsylvania is facing foreclosure, there are some options they can pursue to avoid losing their home. One potential solution is to contact the lender as soon as possible and attempt to negotiate a loan modification or forbearance agreement.

A loan modification may involve changing the loan terms, such as extending the loan term, reducing the interest rate, or lowering the principal. A forbearance agreement reduces or suspends payments for a set period of time until the homeowner can make up those missed payments.

Additionally, homeowners may be able to refinance their mortgage with a better interest rate so that their monthly payments are more manageable. Another option is for homeowners to take out a home equity line of credit (HELOC) against their property in order to pay off their existing mortgage and make lower monthly payments.

Finally, if all else fails, homeowners may be eligible for short sale assistance from the government or private lenders which would allow them to sell their property for less than what they owe on it without having any deficiency judgement against them.

Benefits Of Using Government Assistance Programs To Stop Foreclosures

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Government assistance programs provide multiple services to help Pennsylvania homeowners struggling with foreclosure. These programs offer a range of options for Pennsylvania homeowners, such as mortgage modifications, loan forbearance, and refinancing opportunities.

Homeowners who use these programs may be able to reduce their monthly mortgage payments, delay foreclosure proceedings, or even stay in their homes. Homeowners also have the option to obtain free legal advice on how to navigate Pennsylvania foreclosure laws and rights.

The free counseling provided by these government assistance programs can help homeowners understand their rights and obligations when facing foreclosure. In addition to providing financial assistance, they also provide necessary resources to help individuals successfully manage their finances and become more financially secure in the long run.

Taking advantage of these available resources is an important step for homeowners looking to avoid foreclosure and keep their home.

Managing Finances During The Foreclosure Process

Managing finances during the foreclosure process can be a difficult challenge for Pennsylvania homeowners. It is important to understand your rights and obligations as part of the foreclosure process in order to best navigate it.

While it can be an overwhelming experience, there are resources available such as legal aid offices, housing counseling agencies, and local bar associations that can help you understand the laws and regulations that apply to Pennsylvania foreclosures. In addition, many financial institutions are willing to work with homeowners who are facing foreclosure by offering loan modifications or other solutions to help keep the home.

Knowing how to budget expenses, negotiate with lenders, and properly utilize available resources can all go a long way toward managing finances during this challenging time.

Legal Assistance Available For Homeowners Facing Foreclosures

Foreclosure

For homeowners facing foreclosure in Pennsylvania, there is legal assistance available to help navigate the state's foreclosure laws and rights. Homeowners can seek advice from attorneys who are well-versed in foreclosure law and provide counsel regarding their rights as a homeowner.

They can also contact government agencies such as the Department of Banking and Securities or the Department of Housing and Urban Development for information about their rights and options to avoid foreclosure. Other resources available include nonprofit organizations that offer free financial counseling services to help homeowners understand their options for avoiding foreclosure.

Furthermore, some courts may allow homeowners to participate in mediation programs with lenders, which can help them find a resolution to avoid losing their home. Homeowners in Pennsylvania facing foreclosure should take advantage of all of these resources to protect themselves and make sure they are aware of all their rights under the law.

Finding Resources To Negotiate With Lenders

Finding the right resources to negotiate with lenders can be a challenging endeavor for homeowners facing foreclosure in Pennsylvania. Seeking assistance from knowledgeable professionals can help homeowners assess their options and understand their rights when facing foreclosure.

Finding a qualified attorney experienced in Pennsylvania foreclosure law is essential to navigating the process and ensuring that lenders are held accountable for their actions. Additionally, it may be beneficial to consult with a housing counselor or financial advisor to develop strategies for dealing with lenders and managing finances moving forward.

Homeowners should consider all of these resources as they work to find the best solution for their particular situation and secure the most favorable outcome.

Strategies For Dealing With Defaulted Mortgages

Property

Navigating Pennsylvania foreclosure laws and rights for homeowners can be a difficult process. Homeowners who are in default on their mortgage need to understand their options, as well as the strategies available to them in order to avoid foreclosure.

One of the most important strategies is to contact the lender immediately if you are having trouble making your payments. This will give you an opportunity to negotiate a payment plan or loan modification that works for both you and your lender.

In addition, it's important to stay informed about your rights during foreclosure proceedings and make sure that all documents related to the case are accurate and up-to-date. Additionally, legal aid organizations are available in Pennsylvania that provide free or low-cost advice on foreclosure law.

Finally, filing for bankruptcy may be an option if other measures fail and foreclosure is imminent, although this should be used as a last resort since it can have long-term financial implications.

What To Consider Before Choosing A Reputable Bankruptcy Attorney

Navigating Pennsylvania's foreclosure laws can be overwhelming and intimidating for homeowners, especially those who are facing financial hardship. It is important to consider several factors before choosing a reputable bankruptcy attorney to represent you.

First, make sure you have a clear understanding of the laws that apply to your situation. Research local attorneys and find one who specializes in the specific area of bankruptcy law relevant to you.

Consider their experience and reputation, as well as their fees and payment options. Make sure they are willing to answer all your questions and provide you with helpful advice.

Be sure to discuss any potential risks associated with filing for bankruptcy so that you can fully understand what could happen if you choose that particular option. Lastly, it is essential to get references from previous clients in order to ensure that the lawyer is trustworthy and able to provide quality legal services.

By thoroughly researching potential attorneys, homeowners can be confident that they will receive the best possible representation when navigating Pennsylvania's foreclosure laws and rights as a homeowner.

Why Do People Let Their House Go Into Foreclosure?

People let their house go into foreclosure for many reasons. Financial hardship is one of the most common causes, as job loss or medical bills can lead to a lack of income and the inability to make mortgage payments.

In some cases, people may be unaware of their rights and options when it comes to foreclosure laws in Pennsylvania, which can lead them to give up on trying to keep their homes. Other homeowners may be facing foreclosure due to predatory lending practices that put them in an unfair financial situation.

Whatever the cause, it’s important for Pennsylvania homeowners to understand their rights and explore all available options when dealing with foreclosure proceedings.

How Long Does It Take To Foreclose On A House In Pennsylvania?

Mortgage loan

Foreclosure is a lengthy process involving multiple steps and can take anywhere from a few months to over a year. In Pennsylvania, the foreclosure process begins when a homeowner misses three consecutive monthly payments on their mortgage and the lender files for a court order to begin foreclosure proceedings.

The homeowner is then served with a lis pendens, which notifies them of the impending foreclosure action, and they must respond within 30 days or the court will enter a default judgment. Once entered, the court will issue an Order of Sale requiring that the property be sold at auction so that the lender can recoup its losses.

After the auction has taken place, it typically takes between 45-60 days for the bank to complete its paperwork and repossess the home. However, depending on any delays in processing paperwork or other factors such as appeals by the homeowner, this timeline could be extended significantly.

It is important to note that while Pennsylvania foreclosure laws protect homeowners’ rights throughout this process, it is still best to remain informed about these rights and contact an attorney if necessary in order to ensure that all deadlines are met and no legal violations occur during foreclosure proceedings.

How Do Foreclosures Work In Pa?

In Pennsylvania, foreclosures are the legal process used by lenders to take possession of a borrower's home if they default on their mortgage loan. The foreclosure process begins when the homeowner defaults on their loan and the lender files a complaint with the court.

This is followed by an order of sale, which sets out the terms for selling the property. Once the property has been sold, any remaining debt owed to the lender must be paid off before the homeowner can reclaim ownership of their home.

In some cases, homeowners may be able to negotiate a loan modification or other form of assistance in order to avoid foreclosure altogether. It is important for homeowners to understand their rights and responsibilities during this process and ensure that all applicable laws are being followed.

Additionally, homeowners should seek legal advice from an experienced attorney who can guide them through navigating Pennsylvania’s foreclosure laws and help protect their rights as a homeowner.

How Do I Get Out Of Foreclosure In Pa?

If you are a homeowner in Pennsylvania facing foreclosure, you have options to help you get out of foreclosure. Working with a qualified attorney who specializes in Pennsylvania real estate law is the best place to start.

An attorney will be able to provide sound advice and counsel on the most effective way to navigate Pennsylvania foreclosure laws and understand your rights as a homeowner. It's important to remember that each state has its own set of laws when it comes to foreclosures, so it's essential that you work with an attorney who is well-versed in foreclosure law in your state.

In addition, a qualified attorney can help negotiate with your lender and may even be able to reduce or eliminate the amount of money owed on the loan. Additionally, they may be able to negotiate a repayment plan or other type of loan modification that could help prevent the home from entering into foreclosure.

Finally, if all else fails, an experienced real estate lawyer can advise you on how best to proceed if the home does enter into foreclosure. With all these options available, there's no reason why anyone facing foreclosure should feel helpless in navigating Pennsylvania foreclosure laws and protecting their rights as homeowners.

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SUMMARY JUDGEMENT PROMISSORY NOTE HEIRS HOTLINE EVICTED GUARANTEES
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CITATIONS REAL ESTATE OWNED REO PRIVACY POLICY PRIVACY PREMISES
MESSAGE MARKETING FEDERAL LAW LAW FIRM LATE FEE THE INTERNET
INSPECTION GUARANTY GOAL FREQUENCY EMAILS DESCRIPTION
COLLECTION AGENCY DEBT COLLECTOR DATA COURT OF COMMON PLEAS CONSENT AUTOMATIC STAY
AUTO-DIALER ATTORNEY-CLIENT RELATIONSHIP ALLEGHENY ALLEGHENY COUNTY AN ATTORNEYCLIENT RELATIONSHIP BEFORE THE FORECLOSURE
TO A FORECLOSURE THE FORECLOSURE SALE THE LENDER WILL EMERGENCY MORTGAGE ASSISTANCE IN PENNSYLVANIA THE HOUSING FINANCE AGENCY
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OF THE PROPERTY ON THE MORTGAGE THE SHERIFFS SALE INFORMATION ON THIS WEBSITE THE INFORMATION ON THIS BEFORE THE FORECLOSURE SALE
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