Pennsylvania Foreclosure Laws: Process, Timeline and Your Rights
Pennsylvania foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for Pennsylvania
- Judicial or non-judicial
- Judicial. The Pennsylvania Housing Finance Agency describes foreclosure as a legal action taken by the lender, and a home that is foreclosed is sold at a sheriff's sale under court execution proceedings. Pennsylvania Housing Finance Agency, HEMAP page; Act 91 Notice; 42 Pa.C.S. § 8103
- Time frames set by law
- After an Act 91 Notice, the homeowner has 33 days from the notice date to meet with a HEMAP-approved counseling agency; the agency then has 30 days after that meeting to send the application to HEMAP. Pennsylvania Housing Finance Agency, HEMAP page; Act 91 Notice
- Deficiency judgments
- Yes, with limits. If the lender buys the home at the sheriff's sale for less than the judgment and wants to collect the balance, it must petition the court to fix the property's fair market value, and must do so within six months after the sheriff's deed is delivered. 42 Pa.C.S. §§ 8103, 5522(b)(2)
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Judicial. The Pennsylvania Housing Finance Agency describes foreclosure as a legal action taken by the lender, and a home that is foreclosed is sold at a sheriff's sale under court execution proceedings. |
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| Required notices | Pennsylvania law requires mortgage lenders to send homeowners facing foreclosure an official "Act 91 Notice." It tells the homeowner about the Homeowner's Emergency Mortgage Assistance Program (HEMAP), that applying requires a face-to-face meeting with a HEMAP-approved counseling agency within 33 days of the notice date, and how to cure the default, and it includes an account summary showing missed payments and the amount past due. The lender must provide a list of approved counseling agencies. FHA Title II (purchase) mortgages do not require an Act 91 Notice, according to PHFA. |
| Time frames set by law | After an Act 91 Notice, the homeowner has 33 days from the notice date to meet with a HEMAP-approved counseling agency; the agency then has 30 days after that meeting to send the application to HEMAP. According to PHFA, while a timely application is being processed, foreclosure actions cease. To be eligible for HEMAP the homeowner must be at least 60 days delinquent. PHFA warns that a late HEMAP application will not stop the lender from foreclosing. |
| Right to catch up (reinstate) | Yes. The official Act 91 Notice states that the homeowner may save the home by curing the default (paying all amounts currently due, including reasonable late charges, attorney fees and other costs, and otherwise meeting the mortgage obligations) at any time up to one hour before the sheriff's sale, up to three times in any calendar year. |
After the sale
| Deficiency judgments | Yes, with limits. If the lender buys the home at the sheriff's sale for less than the judgment and wants to collect the balance, it must petition the court to fix the property's fair market value, and must do so within six months after the sheriff's deed is delivered. If the lender does not file in time, the borrower or other interested person may petition to have the judgment marked satisfied. Source: 42 Pa.C.S. §§ 8103, 5522(b)(2) |
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HOAs, taxes and selling
| HOA liens and foreclosure | Yes. Under the Uniform Planned Community Act, an association has a lien on a unit for assessments and fines from the time they become due, and the lien may be foreclosed in the same manner as a mortgage. Unless the declaration provides otherwise, late charges, fines, interest and reasonable collection costs, including legal fees, are enforceable as assessments. Source: 68 Pa.C.S. § 5315 |
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| Seller disclosure | Yes. A seller transferring an interest in real property must disclose known material defects by completing a property disclosure statement that meets the statutory form requirements, and must deliver a signed, dated copy to the buyer before the agreement of sale is signed. Source: 68 Pa.C.S. § 7303 |
Getting help
| Free help for homeowners | The Pennsylvania Housing Finance Agency (PHFA) runs the Homeowners' Emergency Mortgage Assistance Program (HEMAP), a state-funded loan (not a grant) that can bring a delinquent mortgage current and help with future payments for eligible owner-occupants who fell behind due to circumstances beyond their control. Applying requires a free face-to-face meeting with a HEMAP-approved counseling agency within 33 days of the Act 91 Notice. HEMAP: 1-800-342-2397 or 717-780-3940. PHFA also notes Pennsylvania residents are eligible for free housing counseling for mortgage delinquency and foreclosure prevention. PHFA foreclosure prevention page: https://www.phfa.org/homeowners/foreclosure.aspx |
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Foreclosure & Homeowner Law FAQ
Is Pennsylvania a judicial or non-judicial foreclosure state?
Judicial. The Pennsylvania Housing Finance Agency describes foreclosure as a legal action taken by the lender, and a home that is foreclosed is sold at a sheriff's sale under court execution proceedings.
What notice is required before a foreclosure sale in Pennsylvania?
Pennsylvania law requires mortgage lenders to send homeowners facing foreclosure an official "Act 91 Notice." It tells the homeowner about the Homeowner's Emergency Mortgage Assistance Program (HEMAP), that applying requires a face-to-face meeting with a HEMAP-approved counseling agency within 33 days of the notice date, and how to cure the default, and it includes an account summary showing missed payments and the amount past due. The lender must provide a list of approved counseling agencies.
How long does foreclosure take in Pennsylvania?
After an Act 91 Notice, the homeowner has 33 days from the notice date to meet with a HEMAP-approved counseling agency; the agency then has 30 days after that meeting to send the application to HEMAP. According to PHFA, while a timely application is being processed, foreclosure actions cease. To be eligible for HEMAP the homeowner must be at least 60 days delinquent.
Can you stop a foreclosure by catching up on payments in Pennsylvania?
Yes. The official Act 91 Notice states that the homeowner may save the home by curing the default (paying all amounts currently due, including reasonable late charges, attorney fees and other costs, and otherwise meeting the mortgage obligations) at any time up to one hour before the sheriff's sale, up to three times in any calendar year.
Can the lender come after you for the rest of the loan after foreclosure in Pennsylvania?
Yes, with limits. If the lender buys the home at the sheriff's sale for less than the judgment and wants to collect the balance, it must petition the court to fix the property's fair market value, and must do so within six months after the sheriff's deed is delivered. If the lender does not file in time, the borrower or other interested person may petition to have the judgment marked satisfied.
Can an HOA foreclose on your home in Pennsylvania?
Yes. Under the Uniform Planned Community Act, an association has a lien on a unit for assessments and fines from the time they become due, and the lien may be foreclosed in the same manner as a mortgage. Unless the declaration provides otherwise, late charges, fines, interest and reasonable collection costs, including legal fees, are enforceable as assessments.
What must a home seller disclose in Pennsylvania?
Yes. A seller transferring an interest in real property must disclose known material defects by completing a property disclosure statement that meets the statutory form requirements, and must deliver a signed, dated copy to the buyer before the agreement of sale is signed.
Where can homeowners get free foreclosure help in Pennsylvania?
The Pennsylvania Housing Finance Agency (PHFA) runs the Homeowners' Emergency Mortgage Assistance Program (HEMAP), a state-funded loan (not a grant) that can bring a delinquent mortgage current and help with future payments for eligible owner-occupants who fell behind due to circumstances beyond their control. Applying requires a free face-to-face meeting with a HEMAP-approved counseling agency within 33 days of the Act 91 Notice. HEMAP: 1-800-342-2397 or 717-780-3940. PHFA also notes Pennsylvania residents are eligible for free housing counseling for mortgage delinquency and foreclosure prevention.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.