Foreclosure FAQ

Below are the most frequently asked questions that we receive concerning foreclosures.

How are Pennsylvania mortgages foreclosed?

Pennsylvania is a judicial foreclosure state, which means that lenders must get a final judgment from a court before a foreclosure. The property is then sold at a publicly noticed sale. Prior to a foreclosure, a Complaint is filed by the Lender at the Court of Common Pleas in the County where the property is located.

How long does it take to foreclose a property in Pennsylvania?

Depending on the court schedule, it usually takes approximately 120 days or more to effectuate an uncontested foreclosure. This process may be delayed if the borrower contests the action, seeks delays and adjournments of hearings, or files for bankruptcy.

What type of notice must a borrower be given before a foreclosure?

There are two pre-foreclosure notice requirements in Pennsylvania. An Act 6 notice, which must be sent certified mail, requires a notice of intention to foreclosure  to be sent within 60 days of a default occurring. The borrower will then have 30 days to set up a payment plan or cure any default.

An Act 91 notice, which is sent by regular mail with certificate of mailing, relates to a mortgage default where the borrower is advised there may be assistance available in the form of a HEMAP (Homeowners Emergency Mortgage Assistance Program) loan to cure the existing default.

Is there a right of redemption in Pennsylvania?

Pennsylvania does not have a post-sale right of redemption that means that a borrower cannot cure a default after a court-ordered foreclosure in order to obtain their home by making payment in full with costs.

Are deficiency judgments permitted in Pennsylvania?

Yes, deficiency judgments may be obtained. However, most lenders are no longer pursuing deficiency judgments against borrowers. A foreclosure attorney will ensure that you will not be liable for a deficiency.

What statutes govern Pennsylvania foreclosures?

The laws that govern Pennsylvania foreclosures are located in Pa. R.C.P. 1141-1164 (Actions to Foreclose a Mortgage), 3180-3183 (Judgments in Mortgage Foreclosure), and 8103 et. seq. (Deficiency Judgments). The Loan Interest & Protection Law, 41 P.S. §101 et. seq. (Act 6) and the Homeowners Emergency Assistance Act, 35 P.S. § 1680.401 et. seq. (Act 91) are other references.