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 — readers should confirm current statute text and consult a Pennsylvania-licensed attorney for situation-specific advice.

For a step-by-step guide to options and resources, see the Pennsylvania Foreclosure Guide →

On this page

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.

Foreclosure Mediation in Pennsylvania

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

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

Alternatives & Financial Assistance

Pennsylvania law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements.

Pennsylvania's Pennsylvania Mortgage Relief Program (Active — verify current availability directly with PHFA. Treasury period of performance extends through 2026.) provides mortgage assistance to qualifying homeowners. Program details: pahaf.org.

For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the Pennsylvania Foreclosure Guide.

Post-Sale Proceedings Under Pennsylvania Law

After a foreclosure sale in Pennsylvania, the new owner must provide written notice before initiating eviction proceedings. A minimum of 10 days' notice is required.

Surplus fund rights after a Pennsylvania foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.

For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the Pennsylvania Foreclosure Guide.

Special Foreclosure Types in Pennsylvania

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

HOA & Condo Association Foreclosure
Available under state law.
Tax Lien Foreclosure
See details.
Reverse Mortgage Foreclosure
Federal HECM rules apply.

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
Written Contracts
4
Deficiency Judgment
20

Notable Pennsylvania Foreclosure Cases

Key court decisions that have shaped foreclosure law and homeowner protections in Pennsylvania.

Commonwealth v. Donahue
PA Supreme Court
Foundational case on Act 6 notice requirements. Failure to comply with Act 6 pre-foreclosure notice procedures is a complete defense to the foreclosure action.
PHFA v. Various
Multiple PA Courts of Common Pleas
HEMAP program cases establishing that a pending HEMAP application stays foreclosure proceedings while PHFA reviews eligibility.

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.

Automatic Stay on Death
No automatic stay. Foreclosure may proceed 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.

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. §
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
    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. 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.

73 HUD-approved housing counselors Free foreclosure prevention counseling 8 Legal aid offices Free legal representation for qualifying homeowners 43 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 50 Debtor education providers Required post-filing debtor education courses

Browse all 174 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
Pennsylvania is a judicial state — filings reflect court-ordered foreclosure actions.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.

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

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Free help is available for homeowners facing foreclosure in Pennsylvania. Contact 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.