How Foreclosure Works in Pennsylvania
Whether Pennsylvania forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: 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
| 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. |
|---|---|
| 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. |
More Pennsylvania foreclosure & homeowner law
- Redemption and Deficiency Judgments in Pennsylvania
- HOA Liens and Foreclosure in Pennsylvania
- All Pennsylvania foreclosure & homeowner law rules
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.
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.