State Foreclosure Law

Pennsylvania Foreclosure Laws

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

Process
Judicial
Through the court system §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
$300 (general monetary exemption)
Automatic · the rule §
Deficiency Judgment
Allowed
Allowed §
29 source pages cited · Last checked Mar 10, 2026
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 — readers should confirm current statute text and consult a Pennsylvania-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Pennsylvania foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
41 Pa.C.S. § 101 et seq. (Act 6 of 1974) Loan Interest and Protection Law Pre-foreclosure notice requirements (Act 6 notice), right to cure until one hour before Sheriff's Sale bidding (3 times per calendar 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. § 8103 Deficiency Judgment Law Fair market value credit when the lender buys the property at the Sheriff's Sale — the borrower is credited with the fair market value (or the sale price if higher), less prior liens, costs, taxes and municipal claims
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

Pennsylvania Foreclosure Process and Your Rights

Pennsylvania uses judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: Up to one hour before bidding starts at the Sheriff's Sale, after the Act 6 Notice has been given (41 P.S. § 404(a)). The right continues after the foreclosure complaint is filed. Three times in any calendar year (41 P.S. § 404(a)). A fourth cure in the same calendar year is not a statutory right. §
  • After the sale: No post-sale redemption.
  • Homestead exemption: $300 (general monetary exemption) §
  • Mediation: Pennsylvania does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Pennsylvania foreclosure guide →

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Regulatory Oversight & Complaint Filing

Pennsylvania homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
Pennsylvania Department of Banking and Securities
File a complaint →
Attorney General — Consumer Protection
Pennsylvania Office of Attorney General
Consumer protection information →
Housing Finance Agency
Pennsylvania Housing Finance Agency (PHFA)
Phone: 1-855-827-3466

Special Foreclosure Types in Pennsylvania

Beyond the standard judicial foreclosure process, Pennsylvania law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Under the Uniform Planned Community Act (68 Pa.C.S. § 5315) and Condominium Act (68 Pa.C.S. § 3315), HOA and condo associations can foreclose on assessment liens through judicial proceedings. §
A judicial sale of the unit divests the association's lien for common expense assessments that came due in the 6 months before the sale only to the extent the sale proceeds pay them, and divests its lien for other unpaid assessments in full.
Tax Lien Foreclosure
Pennsylvania municipalities use the Municipal Claims and Tax Liens Act (53 P.S. § 7101 et seq.) for tax lien enforcement. §
The Real Estate Tax Sale Law, under which county tax claim bureaus collect delinquent taxes, does not apply in counties of the first and second class; Philadelphia, a city of the first class, collects delinquent taxes under the Municipal Claims and Tax Liens Act.
Reverse Mortgage Foreclosure
HECM reverse mortgages follow standard PA judicial foreclosure procedures. §
Federal HECM rules require the borrower, any non-borrowing spouse and any non-borrowing owner to receive counseling from an approved HECM counselor, who gives the borrower a certificate to provide to the lender (24 C.F.R. § 206.41).

Lien Priority in Pennsylvania

Pennsylvania follows race-notice recording rules under 21 P.S. § 444. A purchaser or mortgagee who records first and pays value without actual notice of a prior unrecorded interest takes priority.

Statute of Limitations in Pennsylvania

Mortgage Foreclosure
20 years §
The 20-year period comes from 42 Pa.C.S. § 5529(b), which applies to an action upon an instrument in writing under seal. An action upon a note or similar written instrument that is not under seal has a four-year limit under 42 Pa.C.S. § 5525(a)(7).
Written Contracts
4 years §
Four years is the general limit for an action upon a contract founded upon a writing (42 Pa.C.S. § 5525(a)(8)); an action upon an instrument in writing under seal has 20 years (42 Pa.C.S. § 5529(b)).
Deficiency Judgment
6 months §
Counted from: Execution and delivery of the sheriff's deed for the property sold in the execution proceedings
When real property is sold to the judgment creditor in execution proceedings for less than the judgment, interest and costs, and the creditor seeks the balance, it must petition the court to fix the property's fair market value (42 Pa.C.S. § 8103(a)). The petition must be filed within six months after the sheriff's deed is executed and delivered (42 Pa.C.S. § 5522(b)(2)). If no petition is filed in time, the debtor can ask the court to mark the judgment satisfied, released and discharged (42 Pa.C.S. § 8103(d)).

Probate & Inheritance in Pennsylvania

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Pennsylvania law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
If a borrower dies, the lender must identify and serve the personal representative of the estate as a party to the foreclosure complaint.
Heir Protections
Heirs who inherit and occupy the property may qualify as successors in interest under CFPB regulations (12 CFR 1024.31) and have the right to apply for loss mitigation.

Consumer Protection & Compliance in Pennsylvania

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Pennsylvania.

Mortgage Relief Scam Protections
State law specifically addresses mortgage relief scams.
Attorney Advertising Rules
Pennsylvania Rules of Professional Conduct (RPC 7.1-7.3) govern attorney advertising. §
Lead Generation Restrictions
No Pennsylvania-specific lead generation statute for foreclosure defense identified.

Legal Aid & Pro Bono Resources in Pennsylvania

  • ⚖
    Community Legal Services of Philadelphia
    Area served: Philadelphia County — one of the country's premier legal aid organizations for foreclosure defense.
    clsphila.org →
  • ⚖
    MidPenn Legal Services
    Area served: Central and South-Central Pennsylvania.
    midpenn.org →
  • ⚖
    Neighborhood Legal Services Association
    Area served: Allegheny County and Western Pennsylvania.
    nlsa.us →
  • ⚖
    Pennsylvania Legal Aid Network (PLAN)
    Area served: Statewide referral network — connects homeowners to local legal aid programs.
    palegalaid.net →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Pennsylvania. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Pennsylvania →
  • 📋
    Pennsylvania Bar Association Lawyer Referral Service
    State bar lawyer referral service.
    pabar.org →

Find Help in Pennsylvania

We maintain a verified directory of free and low-cost help providers in Pennsylvania. All are government-approved or federally funded.

75 HUD-approved housing counselors Free foreclosure prevention counseling 7 Legal aid offices Free legal representation for qualifying homeowners 47 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 52 Debtor education providers Required post-filing debtor education courses

Browse all 181 providers in Pennsylvania →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Pennsylvania.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Pennsylvania Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Pennsylvania homeowners:

Foreclosure Filings
National trend
National foreclosure filings. Pennsylvania mainly uses judicial foreclosure (through the courts).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in Pennsylvania? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in Pennsylvania

General information, not legal advice.

🛟
Free help also exists in Pennsylvania: 1-800-569-4287, or a HUD-approved housing counselor at no cost.