State Foreclosure Law

Pennsylvania Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for Pennsylvania.

Process
Judicial
Through the court system §
Typical Timeline
~540 days
From first notice to sale
Homestead Exemption
$300
Automatic — no filing required
Deficiency Judgment
Allowed
Lender may pursue remaining balance
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
6 cited
17 needs check
8 gaps
Not legal advice. This page provides general information about Pennsylvania foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — always confirm current statute text and consult a Pennsylvania-licensed attorney for advice specific to your situation.

Governing Statutes

Citation Title Covers
41 Pa.C.S. § 101 et seq. (Act 6 of 1974) Homeowner's Emergency Mortgage Assistance Pre-foreclosure notice requirements (Act 6 notice), 30-day cure right (3 times per year limit), consumer protections
35 Pa.C.S. § 1680.401c (Act 91 of 1983) HEMAP (Homeowners' Emergency Mortgage Assistance Program) State mortgage assistance program — emergency loans from Commonwealth to prevent foreclosure, eligibility criteria
42 Pa.C.S. § 8141-8153 Deficiency Judgment Law Fair market value credit requirement on deficiency judgments — lender must credit FMV against debt
Pa.R.C.P. No. 1141-1150 Mortgage Foreclosure Rules of Civil Procedure Judicial foreclosure process — complaint in mortgage foreclosure, service, judgment, sheriff's sale, distribution

Judicial Foreclosure Process

Awaiting verification
1
Act 6 / Act 91 Pre-Foreclosure Notice
~30 days
Before filing a complaint, the lender must send a 30-day notice of intent to foreclose (Act 6 Notice, 41 P.S. § 403) by first-class and certified mail. For mortgages serviced under Act 91 (PHFA program or HEMAP-eligible loans), an Act 91 Notice must also be sent, which triggers the borrower's right to apply for HEMAP emergency assistance.
2
30-Day Cure Period
~30 days
After receiving the Act 6 Notice, the borrower has 30 days to cure the default by paying all arrears, late charges, and costs. The lender cannot file the foreclosure complaint until this 30-day cure period expires.
3
HEMAP Application Period (Act 91 loans)
~90 days
For HEMAP-eligible loans, borrowers who receive an Act 91 Notice have 30 days to apply to PHFA for emergency mortgage assistance. If they apply, the lender cannot proceed with foreclosure while the HEMAP application is pending (up to 60-90 days for PHFA review).
4
File Complaint in Court of Common Pleas
~30 days
The lender (plaintiff) files a mortgage foreclosure complaint in the Court of Common Pleas in the county where the property is located. The complaint must state the amount due, describe the mortgage, and include the original mortgage and note (or explain their absence). The Prothonotary issues a writ of summons or complaint.
5
Borrower Answer Period
~30 days
After being served, the borrower has 20 days to file a preliminary objection (challenging the complaint) or 30 days to file an answer. Most uncontested foreclosures proceed without an answer, and the lender can then seek judgment by default or on the pleadings.
6
Entry of Judgment
~30 days
If no answer is filed, the lender moves for judgment by default. If the borrower contests, the case proceeds to argument and hearing. The court enters a judgment in mortgage foreclosure specifying the amount due. A writ of execution is then issued to the Sheriff.
7
Writ of Execution and Sheriff's Sale Notice
~30 days
The lender files a praecipe for writ of execution with the Prothonotary. The Sheriff must schedule the sale at least 30 days from the date of the writ and provide notice to the borrower at least 30 days before the sale. Notice must be published once a week for three successive weeks in a local newspaper and one legal publication.
8
Sheriff's Sale
~20 days
The Sheriff conducts a public auction at the courthouse. The minimum bid is the sum of the mortgage debt, interest, costs, and unpaid taxes. If no third party bids above the lien amount, the lender typically receives a credit bid. The successful bidder receives a Sheriff's Deed after the sale is confirmed by the court (or after the 20-day challenge period expires).
9
Sheriff's Deed and Possession
~30 days
After sale confirmation, the Sheriff issues a deed to the purchaser. If the borrower has not vacated, the purchaser must file for an Order for Possession (writ of possession) through the court. The borrower must be given notice and an opportunity to be heard before being evicted.

Homeowner Protections

Awaiting verification
Homestead Exemption
$300
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Allowed — lender may pursue remaining balance
Under 42 Pa.C.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
30 days from receipt of Act 6 Notice (before complaint is filed)
All arrears, late charges, attorney fees, and costs — not the full accelerated balance. The borrower pays to bring the loan current.

Mediation

Pennsylvania does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.

Free Legal Resources in Pennsylvania

  • Community Legal Services of Philadelphia
    Philadelphia County — one of the country's premier legal aid organizations for foreclosure defense legal aid.
    clsphila.org →
  • MidPenn Legal Services
    Central and South-Central Pennsylvania legal aid.
    midpenn.org →
  • Neighborhood Legal Services Association
    Allegheny County and Western Pennsylvania legal aid.
    nlsa.us →
  • Pennsylvania Legal Aid Network (PLAN)
    Statewide referral network — connects homeowners to local legal aid programs legal aid.
    palegalaid.net →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Pennsylvania. Can help with loan modification applications, mediation preparation, and understanding your options.
    Find a counselor in Pennsylvania →
  • 📋
    Pennsylvania Bar Association Lawyer Referral Service
    Lawyer referral service for your area.
    pabar.org →
🛟
If you're facing foreclosure in Pennsylvania, free help is available right now. Call 1-800-569-4287 or find a HUD-approved housing counselor near you at no cost.