ZIP 19438 Foreclosure & Distressed-Property Data

How foreclosure works in Pennsylvania

Pennsylvania is strictly a judicial foreclosure state. All residential mortgage foreclosures proceed through the Court of Common Pleas. There is no power of sale option.

From first missed payment to sheriff sale: typically 12 to 24 months. Act 6 and Act 91 pre-filing notices add 60 to 90 days before the complaint can be filed. Philadelphia and Allegheny County are significantly slower due to court backlog and mandatory diversion programs.

1. Default (Day 0): Borrower becomes delinquent on mortgage payments.
2. Act 6 Notice (Day 60–90): Lender sends a mandatory Act 6 notice (35 P.S. § 1680.402c) for owner-occupied 1-to-4 family properties. Must inform borrower of right to cure, sent 30 days before filing.
3. Act 91 Notice (HEMAP) (Day 60–90): Sent simultaneously or with Act 6. Informs borrower of the Homeowner’s Emergency Mortgage Assistance Program. Separate 30-day response period.
4. Complaint filed (Day 120–180): Lender files the complaint with the county Court of Common Pleas. A lis pendens is filed, giving public notice that the property is in litigation.
5. Service of process (Day 150–210): Defendant/borrower is served. They have 20 days to respond.
6. Answer period expires (Day 170–230): If no answer, lender proceeds to judgment. Preliminary objections may be filed.
7. Summary judgment (Day 210–360): Court enters judgment of foreclosure. Writ of execution issued to the county sheriff.
8. Sheriff sale notice (Day 240–420): Sheriff must give 30 days’ written notice to parties and 30 days’ public notice via posting.
9. Sheriff sale (Day 300–540): Public auction conducted by the county sheriff. Bidders must bring certified funds.
10. Exception period (Day 310–550): 10-day period for parties to file exceptions to the sale. After this, the sheriff’s deed is recorded.

Redemption: Pennsylvania abolished the right of redemption after sheriff sale for mortgage foreclosures. There is no post-sale redemption. However, PA has one of the strongest pre-sale cure rights in the country (see reinstatement).

Deficiency judgments: Yes. Under 42 Pa. C.S. § 8103, the lender may petition for a deficiency judgment within 6 months of the sheriff sale. The deficiency is capped at the difference between the debt and the fair market value (not the auction price).

Reinstatement: Very strong protection. Act 6 gives the borrower the right to cure the default (pay all arrears, costs, and fees) at any time up to 1 hour before the sheriff sale. The borrower can reinstate once per 5-year period without the lender’s consent.

Mediation: Philadelphia has a mandatory Residential Mortgage Foreclosure Diversion (RMFD) program. Several other PA counties have voluntary conciliation programs. There is no statewide mandatory mediation.

Full guide: How foreclosure works in Pennsylvania. Federal servicing rules: the CFPB 120-day pre-foreclosure rule (12 CFR 1024.41(f)).

Compare states: foreclosure timeline by state.

Montgomery County at a glance (public statistics)

County seat: Norristown.

Sources: U.S. Census Bureau American Community Survey and Building Permits Survey; HUD Fair Market Rents.

Related guides

• Montgomery County leads and coverage
• Montgomery County court filings report
• How foreclosure works in Pennsylvania
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• The Keystone blog