Foreclosure Laws and Process in Pennsylvania

When you default on your mortgage payments in Pennsylvania, the clock starts ticking on a complex legal process called "foreclosure" that could ultimately cost you your home. However, Pennsylvania, like about half the states in the United States, doesn't allow nonjudicial foreclosures. In Pennsylvania, lenders must file a lawsuit to begin the foreclosure process. So, this judicial process adds a layer of formality and, potentially, time to the proceedings.

Pennsylvania foreclosure laws, as well as federal laws, specify how foreclosures work and give you rights and protections throughout the process.

What Are My Foreclosure Rights in Pennsylvania?

Both federal and state laws govern foreclosure procedures in Pennsylvania, and your mortgage contract gives you rights during the process.

Your Mortgage Rights in Pennsylvania

When you get a loan to buy residential real estate in Pennsylvania, you'll likely sign two documents: a promissory note and a mortgage.

• Promissory note. The promissory note is the document that contains your promise to repay the loan along with the repayment terms.
• Mortgage. The mortgage is the document that gives the lender a security interest in the property. If you fail to make the payments, the mortgage gives the lender the right to foreclose and sell the home auction so it can recover the money it loaned you.

You also get rights under the promissory note and mortgage. For example, if you're late making your monthly payment, most promissory notes provide a grace period of ten to fifteen days before you'll incur late charges. To find out the grace period in your situation and the amount of the late fee, check the promissory note.

If you default on payments, most mortgages require the lender to send you a breach letter (a preforeclosure notice) before officially starting a foreclosure. This notice tells you that the loan is in default. If you don't cure the default, the lender can accelerate the loan (call it due) and proceed with the foreclosure.

Your Rights Under Federal Foreclosure Laws

In most cases, federal mortgage servicing laws require the servicer to contact you (or attempt to contact you) by phone to discuss foreclosure alternatives, called "loss mitigation" options, no later than 36 days after a missed payment and again within 36 days after each following missed payment. (12 C.F.R. § 1024.39 (2025).)

No more than 45 days after a missed payment, the servicer must let you know in writing about loss mitigation options that could be available and assign personnel to help you. There are a couple of exceptions to these requirements, like if you file for bankruptcy or tell the servicer not to contact you under the Fair Debt Collection Practices Act. (12 C.F.R. § 1024.39) (2025).)

Federal law also generally requires the servicer to wait until the loan is over 120 days delinquent before officially starting a foreclosure. But in a few situations, like if you violate a due-on-sale clause or if the servicer is joining the foreclosure action of a superior or subordinate lienholder, the foreclosure can begin sooner. (12 C.F.R. § 1024.41 (2025).)

Protections If You're in the Military

If you're in the military, the federal Servicemembers Civil Relief Act provides certain legal protections against foreclosure.

Under Pennsylvania state law, Pennsylvania National Guard members on active state service and 30 days after that are exempt from civil process. (Pa. Cons. Stat. tit. 51, § 4105 (2025).)

Additional Foreclosure Rights in Pennsylvania

In addition, you have the right to:

• get a preforeclosure notice
• not be dual-tracked (where the lender pursues foreclosure while also evaluating you for a foreclosure alternative)
• in some counties, attend a foreclosure conciliation (foreclosure diversion) conference
• receive notice of the foreclosure and the opportunity to respond
• get current on the loan to prevent a foreclosure sale
• pay off the loan to prevent a sale, and
• get any extra proceeds ("surplus funds") after a foreclosure sale

Once you understand the Pennsylvania foreclosure process, you can make the most of your situation and protect your rights.

Preforeclosure Notice: What It Means for Pennsylvania Homeowners

In Pennsylvania, the lender has to send you (the borrower) a notice of intent to foreclose at least 30 days before starting a foreclosure. The notice must give you the chance to catch up on the payments, called “curing the default.” The Pennsylvania Supreme Court ruled in the case of JPMorgan Chase Bank N.A. v. Taggart, 203 A.3d 187 (Pa. Sup. Ct., Feb. 20, 2019) that the lender has to issue a new notice of intent to foreclose before filing a second foreclosure complaint in cases where the initial complaint was dismissed or withdrawn. But this notice isn’t required under certain circumstances, like if you abandon the home. (41 Pa. Stat. § 403 (2025).) You might hear this notice referred to as an "Act 6" notice. Also, this notice isn't required if an Act 91 notice is being sent.

Pennsylvania law also generally requires the lender to send a notice explaining homeowner rights, containing the same information as the Act 6 notice, and describing what help is available, including the right to apply to the Pennsylvania Housing Finance Agency under the Homeowners' Emergency Mortgage Assistance Program (HEMAP) for assistance. The notice must advise you of the default, include an itemized breakdown of the total amount past due, and give 30 days (plus three days to account for mailing time) to have a face-to-face meeting with a local consumer credit counseling agency to try to resolve the default. If you meet with an approved credit counseling agency, the lender can’t take any legal action—like starting a foreclosure—for 30 days after the meeting. (35 Pa. Stat. § 1680.403c (2025).) This notice is often called an "Act 91" notice. (The purpose of Act 91 is to provide emergency mortgage assistance for primary residences, while Act 6 mainly provides residential homeowners notice and an opportunity to cure default prior to foreclosure.)

As with Act 6, Act 91 requires this notice prior to a mortgage foreclosure. Lenders usually issue a combined notice to borrowers, which complies with both statutes. The Pennsylvania Housing Finance Agency provides a notice for this purpose. (35 Pa. Stat. § 1680.403c(b)(1) (2025).) (For more information, visit the Pennsylvania Housing Finance Agency website. You can get additional information on Act 91, including FAQs addressing issues like "When is a lender not required to send an Act 91 notice?" and "Where do I get help?")

What Are the Different Types of Foreclosure in Pennsylvania?

Pennsylvania is a judicial foreclosure state. All foreclosures go through court.

What Are the Steps in the Pennsylvania Foreclosure Process?

Again, in Pennsylvania, the lender files a lawsuit in court to foreclose. The lender gives notice of the suit by serving you a summons and complaint.

What Happens If You Do—or Don’t—File an Answer

If you fail to answer the court action, the lender can get a default judgment from the court. The judgment will give the lender permission to hold a foreclosure sale. But if you respond to the lawsuit by filing an answer, the case will go through the litigation process. The lender might then request the court to grant summary judgment. A summary judgment motion asks that the court grant judgment in favor of the lender because the case’s critical aspects aren’t in dispute.

If the court grants summary judgment for the lender, or you lose at trial, the judge will order the home sold at a foreclosure sale.

Notice Requirements for Foreclosure Sales

A notice of sale must be posted on the property and at the sheriff's office and served to you at least 30 days before the sale. It must also be published in a newspaper once a week for three weeks. (Pennsylvania Rule of Civil Procedure 3129.2 (2025).)

Pennsylvania Foreclosure Sales

At the sale, the lender usually makes a bid on the property using a "credit bid" rather than bidding cash. With a credit bid, the lender gets a credit up to the amount of the borrower’s debt. Sometimes, the lender bids the full amount of the debt; sometimes, it bids less. The highest bidder at the sale becomes the new owner of the property.

What Options Are Available to Borrowers During or After Foreclosure?

You might be able to prevent a foreclosure sale by participating in a foreclosure diversion program, reinstating the loan, redeeming the property before the sale, filing for bankruptcy, or working out a loss mitigation option, like a loan modification, short sale, or deed in lieu of foreclosure.

Participating in a Foreclosure Diversion Program in Pennsylvania

Some Pennsylvania counties have implemented foreclosure diversion (or conciliation) programs that might help you avoid foreclosure. As a result of a conciliation conference, you might work out an agreement with the lender to complete a loan modification, repayment agreement, forbearance agreement, short sale, or deed in lieu of foreclosure.

Usually, taking part in a foreclosure diversion program will delay a foreclosure. How much of a delay you'll get depends on the county. Visit the official court and county websites where you live to find out if your county has a foreclosure diversion program. You can also ask a local foreclosure attorney if your county offers this kind of help.

Reinstating the Mortgage Before the Foreclosure Sale in Pennsylvania

“Reinstating” is when the borrower brings the loan current by paying the missed payments of principal and interest, plus fees and costs. Completing a reinstatement will stop the foreclosure.

Pennsylvania law allows reinstatement at any time at least one hour prior to when bidding starts at the foreclosure sale, a maximum of three times in any calendar year. (41 Pa. Stat. Ann. § 404 (2025).)

What Is the Redemption Period in Pennsylvania?

Some states have a law that gives a foreclosed homeowner time after the foreclosure sale to redeem the property. In Pennsylvania, though, you don't get a redemption period after a foreclosure.

You do get the right to redeem the property before the sale. However, in practice, borrowers rarely redeem prior to a foreclosure sale. Most homeowners facing foreclosure lack the financial means to pay off the entire loan balance, plus additional fees and costs. People who have access to sufficient funds to redeem typically don't fall behind on their mortgage payments in the first place. Those who have funds available often use them to reinstate the loan or continue making payments until their financial situation improves.

Filing for Bankruptcy

If you're facing a foreclosure, filing for bankruptcy might help. Once you file for bankruptcy, something called an "automatic stay" goes into effect. The stay functions as an injunction prohibiting the lender from foreclosing on your home or trying to collect its debt, at least temporarily.

In many cases, filing for Chapter 7 bankruptcy can delay the foreclosure by a matter of months and reduce your other debt options, making it easier to afford your mortgage payments. But if you're behind in mortgage payments when you file, you won't be able to keep your home. To stay in your house, you must be current on payments and be able to protect your equity with an exemption. If you want to save your home and you're behind in payments, filing for Chapter 13 bankruptcy might be the answer. To find out about the options available, speak with a local bankruptcy attorney.

Deficiency Judgment Following a Foreclosure Sale in Pennsylvania

Sometimes, a foreclosure sale doesn’t bring in enough money to pay off the full amount owed on the loan. The difference between the sale price and the total debt is called a "deficiency balance." Many states, including Pennsylvania, allow the lender to get a personal judgment, called a "deficiency judgment," for this amount against the borrower.

In Pennsylvania, the lender can get a deficiency judgment by filing a separate lawsuit within six months after the foreclosure sale. If the lender was the purchaser at the foreclosure sale, the deficiency is limited by the property’s fair market value. (42 Pa. Cons. Stat. §§ 8103, 5522(b)(2) (2025).)

Resources for Pennsylvania Homeowners

Again, Pennsylvania homeowners can apply to the Pennsylvania Housing Finance Agency for help from the Homeowners' Emergency Mortgage Assistance Program (HEMAP).

Also, eligible homeowners in Pennsylvania who've experienced a hardship because of the COVID-19 pandemic can apply for financial assistance from the Pennsylvania Homeowner Assistance Fund (PAHAF) program. This program uses federal Homeowner Assistance Fund money to help Pennsylvania homeowners make mortgage payments and pay other housing-related expenses so they can avoid foreclosure. As of March 2025, the program is still accepting applications, which will go on the waitlist.

Getting Help from a Pennsylvania Foreclosure Lawyer

Foreclosure laws are complicated. Servicers and lenders sometimes make errors or forget steps. If you think your servicer or lender failed to complete a required step, made a mistake, or violated state or federal foreclosure laws, you might have a defense that could force a restart to the foreclosure, or you might have leverage to work out an alternative.

Consider talking to a local foreclosure attorney or legal aid office to learn about your rights. A lawyer can also tell you about different ways to avoid foreclosure. Likewise, a HUD-approved housing counselor can provide helpful information (at no cost) about various alternatives to foreclosure.